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1
2
3
i
2
3
4
5
6
A PRACTICAL TREATISE
ON THE OFFICE AND
DUTIKS OF CORONERS
ra
ONTARIO, AND THE OTHER PROVINCES, AND
THE TERRITORIES OF CANADA.
AND IN THE
COLONY OF NEWFOUNDLAND,
WITH SCHEDULES OF FEES, AMD AN
APPEITDIX OF FORMS.
THIRD EDITION.
WILLIAM FULLER ALVES BOYS, LLB.,
JUNIOR COUNTY COURT JUDGE,
County or Simcoe, Ontario.
TORONTO :
THE CARSWELL Co. (Limited), LAW PUBLISHERS, Etc.
1893.
K'e^'t\^2.
Eutored accordiug to Act of the Parliament of Canada, iu the year ono thousand
eight hundred and ninety-three, by The Cahswell Co. (Ltd.), in the office
of the Minister of Agriculture.
•TORONTO:
PItlNTF.T) BY THE CAn.tWELL CO. LTD.
22, 30 Ailelaiilu St^ Eiisl.
I'o
THE HONOURABLE JAMES ROBERT GOWAN, C.M.G., D.C.L.,
SENATOR OF THE DOMINION OF CANADA,
To Whom in 1864,
WAS DEDICATED THE FIRST EDITION OF THIS WORK,
I NOW,
After the lapse of Twenty-nine years, dedicate tliis Third Edition, the last
in all probability, that will be published,
IN ACKNOWLEDGMENT
OF A LONG, UNINTEHEUI vKD AND VALUED
FKIENDSHiF,
Du.-ing which I have been the recipient, at his hands, of many kindnesses, and
am jug which waa the original suggestion to me of preparing
A WORK ON THE OFFICE OF CORONERS.
Wu. BOYS.
pnn
M
PEEFACE TO THE THIRD EDITION.
CHANGES in the law, and the exhaustion of the
previous editions of this work, have made a third
edition necessary. The former editions were intended for
use in tlie Province of Ontnrio only, but this one is adapted
to all the Provinces and '. erritories of the Dominion of
Canada, and to the Colony of Newfoundland. The
Coroners' lav/ in all these places has been brought down
to the present time, and it is hoped the w^ork will be
found as reliable and useful in its extended field, as
-apparently it has hitherto been so found in the Province
of Ontario.
Upon the suggestion of a Coroner, a new chapter has
l>een added containing a programme of the ordinary
proceedii^gs at an inquest in consecutive order, with
many of the forms required as the inquest proceeds,
printed i^ their proper places, and the others referred
to by their numbers in the appendix. With the chapter
open before him while holding an inquest, no Coroner
need ever be at a loss to know what next to do, and it
is believed this programme will be found a convenient
and valuable addition to the book.
The general arrangement, and much of the text, as
in the former editions is taken from the well known
English work on the same subject by the late Chief
Justice Jervis ; and the medico-legal portions have been
largely taken verhatim et literatim from the authors
referred to in the no .es.
When using th" . .Jltion outside of Ontario, the reader
must refer to the end of each section to see if there are
VI PREFACE TO THE THIRD EDITION.
any .statutory alterations of the law applicable to the
particular place he is interested in; and he must also
bear in mind that any statements of the law which are
supported by the citation oi provincial statutes, are only
applicable to that Province by which such statutes were
passed.
No general list of cases is given, but the principal cases
referred to will be found in the index.
I desire to express my appreciation of the valuable
assistance I received in the preparation of this edition
from my nephew George B. Nicol, Barrister-at law, and
my son W. Alves Boys, Barrister-at-law, by their making
numerous extracts for me from books in Osffoode Hall :
and also from my nephew Douglas M. Stewart, student-
at-law, by important help given to me in reading tne
printers' proof sheets.
Barrie, 1893. W. B.
TABLE OF CONTENTS.
PART I.
THE OFFICE AND DUTIES OF CORONERS GENERALLY.
CHAPTER I.
or THE orrrcB and appointment op coronerh.
PAQE.
Sec. 1. — The Antiquity of the Office 1
2. — Qualifications and Disqualifications 2
3. — Mode of Appointment 5
CHAPTER II.
THE DUTY AND AUTHORITY OF C0R0NEB8 GENERALLY.
Sec. 1. — As Conservators of the Peace 10
2, — In Inquests of Death H
3. — To Inquire into the Origin of Fires 24
4. — To Return Inquisitions 29
5. — To Execute Process 33
6. — Other Duties 42
CHAPTER III.
OF THE JURISDICTION OF CORONERS IN INQUESTS OF DEATH.
Sec. 1. — Their General Jurisdiction 43
2.— Their Jurisdiction in Particular Cases 44
3. — Supreme Jurisdiction 45
CHAPTER IV.
OF THE RIGHTS OF CORONERS.
Sec 1. — General Remarks 46
2.— Their Right to Fees 46
3-— Their Exemption from Serving Offices 48
4.— Their Privilege from Arrest 48
_ 5.— As to their other Rights and Privileges 48
Viii (JOXTKXT\
CHAPTER V.
OF THE LIADILITIES OF C0K0NER8.
PAOE.
Sec. 1. — For misconduct 50
2.— To be Removed 55
8. — For the Acts of Co-Coroners 56
PART II.
THEIR OFFICE AND DUTIES IN PARTICULAR.
CHAPTER I.
OF OFFENDERS.
Sec. 1. — Who may Commit Crimes — Infants 57
2. — Persons Non compos mentis 58
1. Dementia Natiualis 59
2. Dementia Accidentalis 59
3. Dementia Affectata 60
3. — Persons in Subjection to the Power of Others 60
4. — Ignorance 62
6.— Misfortune 62
CHAPTER XL
OF PARTIES AND ACCESSORIES.
Sec. 1 — Parties to the Commission of Offences 63
2. — Accessories before the Fact 66
8, — Accessories after the Fact 66
CHAPTER m.
OF CHIMES WHICH COJIE UNPER THE NOTICE OF CORONERS.
Sec. 1.— Of Felodese:
1. Definition 67
2. Practical Remt.rks 68
2.— Of Murder :
1. Definition 70
2. Practical Remarks 72
CONTEXTS. ix
Skc. 8.— Infanticide : p^^^
1. When is a Child born alive 91
2. The Hydrostatic Teat 95
8. Of the Uterine Age of a Child 9(j
4. Monatrositiea 9.^
5. Legal Points 9^
C. Cautions jqq
7. J]vidonce 1Q3
4. — Manslaughter :
1. Definition 2Qg
2. Practical Remarks jq5
5-— Homicide which is not Culpable :
1. Per infortunium jOy
(1) Definition jq^
(2) Practical Remarks 108
2- Se et sua defendendo 108
(1) Definition lOg
(2) Practical Remarks 10<)
8. Justifiable Homicide HO
(1) Definition HO
(2) Practical Remarks HO
CHAPTER IV.
Mineral
Vegetable (Savin).
Animal (Cantharides).
OF POISONS.
Classification of Poisons.
Irritants.
Non-metallic .[Acids (Sulphuric).
( Metalloids (Phosphorus).
-^ ^ „. fAlkalic Compounds (Potash).
Metallic J Heavy Metals and ) , »
i Compounds .... j (Arsenic).
Sulphuric Acid . . .
Nitric Acid
Hydrochloric Acid.
Oxalic Acid
Phosphorus
Alkalies
Neurotics.
Cerebral (Morphine).
Spinal (Strychnine).
Cerebro-spinal (Coniine).
122
123
123
124
125
125
X CONTENTS.
PAGE.
Ammonia 126
Arsenic 126
Chloride of Mercury or Corrosive Sublimate 129
Salts of Lead 130
"icpi^er 131
Antimony 132
Zinc 134
Iron 134
Tin > 134
Nitrobenzole 134
Aniline 135
Carbolic Acid 135
Savin 136
Colchicum 136
Cantharides 136
Mushrooms 137
Opium, Laudanum 138
Morphine 139
Chloroform 13i)
Choral Hydrate 140
Ether 141
Prussic Acid 141
Alcohol 143
Tobacco 143
Snakes 144
Nux Vomica 145
Strychnine 146
Cicuta Maculata 147
Conium Maculatum 148
^thusa Cynapium 148
Slum Lineare 148
Aconitum Napellus 148
Belladonna 150
Datura Stramonium 150
CHAPTER V.
OF ANTID0TK8.
General Remarks 151
Sulphuric Acid 161
Nitric Acid 152
Hydrochloric Acid 152
Oxalic Acid .... 162
Phosphorus 152
CONTENTS. XI
PAGE.
Alkalies 153
Arsenic — Arsenious Acid 153
Corrosive Sublimate 154
Lead 154
Copper 155
Antimony 165
Zinc 155
Cantharides. 155
Tin 155
Niirobenzole (Essence of Mirbane) 156
Aniline 156
Carbolic Acid 156
Prussio Acid 156
Colchicum 156
Opium 156
Morphine 157
Alcohol 157
Chloroform 157
Chloral Hydrate 157
Strychnine , 157
Aconite 158
belladonna 158
Datura Stramonium 159
Conium Maculatum 159
CHAPTER VI.
OF WOUNDS AND BRUISES.
Sec. 1. — Examination of Wounds 159
2.— Characters of a Wound Inflicted during Life 161
3.— Characters of a Wound Made after Death 162
4. — Practical Remarks 163
CHAPTER VII.
Of the Hydrostatic Test 176
7 : CHAPTER VIII.
Blood Tests j7q
CHAPTER IX. ■.^,:.,::.^^^._l^^^.J:.,_J^^^^:.^..^.^
Of Deodands \ jgj
Xll COyTEXTS.
CHAPTER X.
PAGE.
Of Flight and Forfeixore 186
CHAPTER XL
OF EVIDENCE.
Sec. 1. — Competency of Witnesses 187
1. Idiots 188
2. Lunatics 189
3. Children 189
4. Infidels 190
5. Prisoners 191
6. Husband or Wife of Prisoner 191
7. Coroners 192
8. Jurors 192
9. Constables 193
2. — Primary Evidence 193
3. — Presumptive Evidence 194
4. — Matters of Opinion 195
5.— Matters of Privilege 190
(i. — Hearsay Evidence 197
7. — Relevancy of lividence 201
8. — Leading Questions 201
9. — Proof of Handwriting 202
10. — Proof of Documents 203
11. — Admissibility of Inquisitions, etc., taken before Coroners. . 2Gi>
CHAPTER XII.
THE coroner's COURT.
Sec 1. — When and v?here Holden 205
2.— Who may Attend 207
3. — The J ury, and how Summoned 209
4.— The Witnesses, and how Summoned 220
5.— Counsel 226
6. — Opening the Court 228
7.— Viewing the Body 230
1. The Place where the Body is Found 233
2. The Position of the Body 235
3. The Marks and Spots upon the Body and Clothing 238
4. The Surrounding Objects 241
5. The Bearing and Conduct of the Parties in Attendance 242
CONTEXTS. Xlll
PAGE.
Sec. 8. — Continuing and Adjourning the Court 242
9.— The Medical Testimony 249
10.— The Depositions 268
11. — Obstructions — How Punished 272
12.— The Inquisitio 273
1. The Venue 274
2. The Place where Holden 275
3. The Time when Holden 275
4. Before whom Holden 276
5. The View 276
6. The Description of the Deceased 276
7. Where the Body lies 277
8. The Jurors and their Finding upon Oath 277
9. The Charge to Inquire 278
10. The Verdict 278
11. The Party Charged 279
12. The Addition 280
13. The Allegation of Time and Place 280
14. The Description of the Act 281
15. The Attestation 284
13. — Publication of Proceedings 285
14. — Defraying Expenses 286
CHAPTER XIII.
PROCEEDINGS SUBSEQUENT TO THE INQUISITION.
Sec. 1.— With Reference to the Trial 292
2.— Of Bail 293
3. — Of Amending and Taking New Inquisitions 294
4. — Of Traversing Inquisitions 296
6. — Of Quashing Inquisitions 296
6. — Of Pleading to inquisitions 301
CHAPTER XIV.
SCHEDULE OF FEES.
Sec. 1.— The Coroner's Fees in Inquests of Death 3()3
2.— The Coroner's Fees in Fire Inquests 307
1. In Cities, Towns and Villages 307
2. In Country Parts 308
3.— The Coroner's Fees for Executing Civil Process 309
4.— The Fees of the Medical Witness 310
5.— The Chemist's Fees ... 312
6.— The Jurors and Witnesses 313
7.— The Constable's Fees 314
XIV
CONTENTS.
CHAPTER XV.
PilOORAMME OR GENERAL ORDER OF PROCEEDINOS BT A COBONEB IN HOLDING
AN INQ0E8T.
PAGE.
Bec. 1. — Programme at Inquesti Super Visum Corporis 317
2. — Programme at Fire Inquests 339
Appendix— Forms 3^^
Index ^^^
t I * * L-> ■■■« ,» ■»■ 1 » <
ADDENDA ET CORRIGENDA.
At the end of note 1, page 11, change 573 to 613.
In line 12, from the top of p. 24, change page 13 to p. 12.
Page 27, note 3, should read, see Chap. XIV. s. 2.
Add to note 3. p. 36,— but see Eex v. Dolby, cited Umf. 144.
Add to note 3, p. 38,— but see 48 Geo. III. c. 13, s. 5, referred to
on p. 36.
At the end of note 1, page 110, add,— But see Reg. v, Dudle,, and
Stephem, L K. 14 Q. B. D. 273, 560 ; and Arp v. The Stute, Alabama
bupt. Court.
Add to the paragraph on p. 144, commencing "Poison of snakes," the
tollowing :— In Venezuela, where poisonous snakes are common, it is said
tliat a plant called the ocumillo, when powdered and applied to the bite
of a snake will effect a cure in almost all cases.
DITTIES OF CORONERS
m
CANADA AND NEWFOUNDLAND.
PARTI.
THEIR OFFICE AND DUTIES GENERALLY.
^.r,J^T^'~^'' ^^? P''^^^'^* ^,'^'*'°" °^ *'"« wo'-k the reader will find the
general coroner's law, and the special coroner's law of Ontario nt le
earlier part of each section ; and the special law (if there is any o? t le
other Provinces, and of the Territories of Canadi. and of the Colony of
Newtoundland, will be found mentioned at the end of each section
CHAPTER L •
OF THE OFFICE AND APPOINTMENT OF CORONERS.
Sec. 1.— the ANTIQUITY OF THE OFFICE. . . . i
. " 2.-QUALIFICATI0NS AND DISQUALIFICATIONS o
" 3.— MODE OF APPOINTMENT []"" 5
Sec 1.— the ANTIQUITY OF THE OFFICE.
The common law office of Coroner is one of
great antiquity, and much learning and research
have been expended in shewing its origin and high '
repute ; but any lengthy remarks on these subjects
would be unsuited to a work designed for practical
use. It will suffice to state that the origin of the
office is involved in obscurity, but it is suppu.ed to
be coeval with that of sheriff, and to have been
instituted to aid in keeping the peace when the
B. C— 1
2 DUriES OF COROyhRS.
Earls gave up the \\ irdship of the county. It was
certainly in existence in tlie time of King Alfred,
and the Coroner is mentioned in the charter of
Athelstan to Beverly, anno 925.^
The precise designation of the oflicer appears
to have varied from time to time. In the reign of
Bichard the First he was called Coronarius ; in that
of John, Coronator, or Gustos j^^f^citoriim coroncs,
because originallj' he had the custody of the rolls
of the pleas of the crown, m the reign of Henry
the Second, he was called Serviens regis, and in
the Scotch law, Crowner, an appellation still in use
among uneducated persons. '^
According to Sir Thomas Smith, who wrote in
1683, the name of the office came from the word
" crowner" or ** coromator," because " the death
of every subject by violence is accounted to touch
the crowne, and to be a detriment to it ; in other
words, a coroner was a representative of the
crown."
The coroner's court is a court of record.^
In Newfoundland, the office of coroner was
abolished by 38 V. c. 8, N. F., and all inquests
subsequent to 17th April, 1875, required to be held
by stipendiary magistrates, who were given all the
powers of coroners, except the power of summon-
ing juries.
Sec. 2.— qualifications AND DISQUALIFICATIONS.
Formerly the office of coroner was of such high
repute that no one under the degree of knighthood
» Jer. 0. C. 3 ; Impey, O. C. 473.
» Jer. 0. C. 2.
* 4 Inst. 271 ; 2 Hale's F. C. 63.
DUTIES OF COROSKIiS. 3
could aspire to its attaiiuiient,^ and in the reign of
Edward the Third a coroner was actnall}' removed
from the office because he was a merchant ! It
has, however, now fallen from such pristine dig-
nity ; and though still of great respectability, no
qualifications are required beyond being a male of
the full age of twenty-one years, of sound mind,
and a subject of her Majesty, and possessing the
amount of education and mental ability necessary
for the proper discharge of the duties.^
These qualifications are no more than what all
public officers by the common law are supposed,
and ought, to possess. The coroner has often a
very delicate and very important duty to perform,
and it need hardly be said that the proper dis-
charge of that duty depends almost entirely on his
personal character and ability. Where these are
deficient, scenes sometimes occur at in(piests which
throw discredit upon the office of coroner.
Coroners in Ontario are not competent or
qualified to be justices of the peace during the
time they exercise their office. But an exception
is made in territorial and temporary judicial dis-
tricts, where stipendiary magistrates may be
appointed coroners for such districts.* And pro-
vincial coroners appointed in Ontario for holding'
fire investigations are justices of the peace for
every county and part of Ontario by virtue of their
office.* And a stipendiary magistrate for any terri-
»3Ed. I. c. 10.
* It is said a coroner ought to have sufficient property to answer all
aach fines and duties as belong to him.
•R. 8.0.0.71,8.8.
*54 V. 0. 37, 8. 1, Ont.
4 DUTIES OF COROXERS.
torial or temporary judicial district in Ontario may
be a coroner for the district.^
Before acting as coroner, the oath of allegiance
and the oath of office should be taken,^ since hold-
ing an inquest without taking these oaths would
subject the coroner to a penalty, although his acts
would probably be legal.
In Quebec. — No coroner in the districts of
Quebec and Montreal can be a justice of the peace
for the district wherein he is coroner during the
time that he exercises his office.'*
In Nova Scotia. — By E. S. N. S., 5th series,
c. 75, s. 19, holding a tavern or shop license would
disqualify a person from being a coroner in that
province. And when an inquest is to be held in
Nova Scotia upon the body of a person killed in a •
mine accident, no person having a personal interest
in, or employed in, or in the management of the
mine in which the explosion or accident occurs, or
any relative of the deceased person, can act as
coroner therein.^
In Prince Edward Island, coroners must reside
in their respective counties. ^ The oath of office
and allegiance must be taken before the Lieut. -
Governor in Council, or the Lieut. -Governor, or
before the chief justice of the Supreme Court, or
any assistant judge of said court, or before any
of the county court judges of the county. And
the person administering the oath delivers to the ,
» R. S. O. c. 71, 8. 8.
" See Forms, Nos. 2 & 4.
=■ R. S. Q., 1888, Art, 2560. .
* R. S. N. S. 0. 8, 8. 24.
» See Act 1855, P. E. I. . .
DUTIES or COROSKliS.
coroner a certificate under his hand, that the oaths
were duly taken before him, and this certificate
must be filed in the office of the provincial secre-
tary before the coroner enters upo)i the duties of
his office.^
In British Columhia, a coroner, before acting in
his offiv^e, should take the oath of allegiance,^ and
the oath of office,^ either before persons appointed
by the Lieut. -Governor in Council for the purpose,
or before a stipendiary magistrate, or justice of the
peace. No fee is payable for administering these
oaths. The oaths so taken are to be transmitted
by the person administering the same to the pro-
vincial secretary, who files them in his ofifice.^
In Manitoba^ coroners cannot be justices of the
peace, but " under special circumstances and in
view of the public convenience, and in the promo-
tion of the public interest," the Lieut. -Governor in
Council may, by special commission under the
Great Seal, confer upon one and the same person
the offices of coroner and justice of the peace ;
and during the time the ^erson holds such com-
mission he can exercise and perform the duties of
both offices.''
Sec. 8.— mode OF APPOINTMENT.
In England, coroners are of several kinds —
such as by virtue of office, by charter, privilege, or
commission, bj^ election, etc. Those by virtue of
their office are, the Lord Chief Justice and the
1 39 V. c. 14, sa. 1, 2, 3 P. E. I.
' See Form No. 3.
' See Form No. 5. ,„ . -
* R. 8. B. C. 1888, c. 24, ss. 3, 4.
' R. S. M. c. 93, 8. 8.
a DVTIEH OF COROIfKRS.
other jud^'cs of the High Court who are said to he
sovereif,'!! coroners, and have jurisdiction in all
parts of the reahn.^ But in Ontario coroners must
be specially appointed by the Lieut. -Governor by
commission under the Great Seal f unless, indeed,
the Chief Justice and the other judges of the
Supreme and High Courts in Canada are sovereign
coroners virtate officii., in a siuj'lar manner to the
judges of the corresponding courts in England.
Une or more coroners are lirst ai)pointed for each
county, city and town and for any provisional
judicial, temporary judicial, or territorial district,
or provisional county, or for any portions of the
territory of Ontario not attached to a county for
ordinary municipal and judicial purposes.^ The
appointments are generally made upon the recom-
mendation of a member of parliament, or other
person possessing influence with the executive.
When one county separates from another the
municipal law of Ontario requires the Lieut. -
Governor to appoint one or more coroners for the
junior county, whose appointments take effect on
the day the counties become disunited.^
With regard to the number of coroners for any
county, city or town in Ontario there is no regula-
tion. The number not being limited, the appoint-
ments are in part governed by the requirements of
' 2 Hale, 53.
» It is Baid that in some counties the clerks of the peace claim the
right to retain in their custody the coroners' commissions. If the fees
are paid and oaths taken, there is no authority for their doing this,
unless the commission contains the names of more than one coroner,
when it should not be given to any particular one, but should be retained
by the clerk of the peace,
» R. S. O. c. 80, s. 1. ___^ ^ ,^. ,.,,:i „,
* R. S. 0. c. 184, B. 46. : '
Dl'TIES OF COROSKRS. 7
the locality, and possibly in part by the energy
shown by those seeking the oflice.
In Ontario, *' provincial coroners," for puipoaes
of holding,' fire investigations, are appointed by the
Lieut. -Governor in Council under the Great
Seal.^ As to these coroners, see further at p. 29.
The coroner, according to the definition at
connnon law, is an officer of the king that hath
cognizance of some pleas of the crown;'' but there
are several (hities imposed by statute. The temire
of office is during the Queen's pleasure and the
coroner's residence within the pi^vince ;' but
practically he holds office for life. Like . other
officers, he may be removed for several reasons,
which will be further noticed under chapter V.
In Quebec, the judges of the Court of Queen's
Bench, crownside, are coroners in and throughout
the province.
In Nova Scotia, coroners are appointed by the
Lieut. -Governor in Council. And in this province,
in the absence of the coroner, an inquest may be
held before a justice of the peace. ^
In this province coroners are sworn into office
before a judge of the Supreme Court, or the war-
den of the county.^
In New Bninswich, under 54 V. c. G3, the
Lieut. -Governor in Council may, from time to
time, appoint such and so many coroners for the
» 64 V. 0. 37, 8. 1, Ont.
» Their power in proceeding to trial antl indictment was taken away
by Miii/na Clitirta, c. 17.
' See the Commission Form, No. 1. "
* R. S. Nova Scotia, 5th series, 1884, c. 17, ss. 1, 7. :, - -: ''- -
' •/(/., 8. 1. ;
B DUTIES vF COROXERS.
city and county of St. John as may be deemed
expedient, but not exceeding three such coroners
resident in the city^ and one resident in each
parish. :: ■• '■■.■■" ■■^^ ■
< In Prince Edivard Island^ the Lieut. -Governor
in Council is authorized by an Act passed in 1855
to appoint one or more coroners in and for each of
the counties of Prince, King's and Queen's, in
addition to the then existing coroners, and these
coroners must reside in their respective counties.
In the absence of a coroner an inquisition may be
held before a justice of the peace ;' and by 51 V.
c. 12, s. 38, P. ll. I., the coroners of the county of
Queen's county are coroners of the city of Char-
loUetown, but are not to exercise any power or
authority over the city relative to civic matters.
In British Cohivihia, the Lieut. -Governor in
Council, from time to time, appoints the coroners,
■either for the whole province or for any less exten-
sive jurisdiction, as he may deem proper.^
In Manitoba, coroners are appointed by the
Lieut. -Governor in Council under the Great Seal,
and the appointments are for the whole province.^
In the North-West Territories coroners can be
appointed by the Lieut. -Governor, from time to
time, for the whole territories, and the Indian com-
missioner for the territories, the judges of the
Supreme Court, the commissioner and assistant-
»39 V. c. 17,8. 4. p. E.I.
»R. 8. B. C. 1^88, c. 24, 8. 2. " , .^ --c ....-..-..,. ^
* R. S. Man. c. 32, ss. 2, 3 ; and by the same Act all former appoint-
ments for the several counties of the province are extended to the whole
province.
DUTIES OF COROyERS.
9
commissioner of the mounted police, are also ex
officio coroners for the territories.^
In Keewatin, the Lieut. -Governor, who is the
Lieut. -Governor of Manitoba for the time being,
•appoints the coroners for the district.^
In Mamtoulbi, all coroners resi'^ing, on 23rd
March, 1888, in that portion of Algoma set apart
as "The Temporary Judicial District of Mani-
toulin," ceased to have any autiiority in the
remainder of the district of Algoma, and became
coroners for the temporary judicial district, without
new commissions, by the saDie tenure of office and
without again taking the oaths. The Lieut. -
Governor of Ontario appoints the subreouent coro-
ners for Manitoulin.^
By C. S. 0. c. 71, s. 8, a stipendiary magistrate
for any territorial or temporary judicial district in
Ontario may be appointed a coroner foi the district.
This is one of the exceptions to the general rule
which disqualifies a justice of the peace from being
made a coroner in Ontario.
In Newfoundland , the office of coroner was abol-
ished after 17th April, 1875, by 38 V. c 8, N. F.,
and . tipendiary magistrates were given ex officio
all the powers - coroners, except the power of
summoning juries.
> R. S. Can. c. 50, s. 82,
« R. S. Can. c. 53, ss. 7, 23.
' R. S. O. c. 80, 9. 1.
10 DUTIES OF CORONERS.
CHAPTER II.
THE DUTY AND AUTHORITY OF CORONERS GENERALLY.
Skc. l— as conservators of the peace 10
" 2.— in inquests of death 11
" 3.— TO INQUIRE INTO THE ORIGIN OF FIRES 24
" 4.— TO RETURN INQUISITIONS 29
" 5.— TO EXECUTE PROCESS 33
" 6.-0THER DUTIES 42
Sec. 1.— AS CONSERVATORS OF THE PEACE.
The duty and authority of coroners generally
will be considered in this chapter. Their particular
duties and mode of proceeding will be treated of
hereafter.^
The powers of coroners are judicial and minis-
terial. Judicial, as ir. the case of inquests upon
bodies, and must be executed in person.'^ Minis-
terial, as in the execution of process of the courts,
and may be executed by deputy.^
Coroners in former days were the principal con-
servators of the peace within their counties, and
may now bind to the peace any person who makes
an affray in their presence.*
In Ontario by R. S. O, c. 71, s. 8, coroners are
forbidden to act as justices of the peace during the
time they use or execute their office, but in the
case of Kerr v. The British American Assurance
Co7tipany,^ it seems to have been admitted that a
> See Part II.
» Impey O. C. 473 ; 14 Ed. 1.
» Jer. O. C. 71.
* 1 Bac. Abr. 491 ; 2 Hawk. P. C. c. 28, s. 5.
• 32 U. C. Q. B. 569.
DUTIES OF COROSERS. 11
coroner was a justice of the peace by virtue of his
office, Morrison, J., saying that Mr. J. H. Cameron,
Q.C., very properly conceded on the argument, that
a coroner is a magistrate; and Adam Wilson, J.,
concurred in the judgment, which was, that a cor-
oner is a magistrate who may give a certificate of
loss under an insurance policy. At the time this
case was decided, the Ontario Statute law in this
respect was the same as it was up to the passage of
54 V. c. 37, Ont. by s. 1 of which Act, Provincial
Coroners can be appointed by the Lieut. -Governor
in council wno are both coroners and justices of
the peace for every county and part of Ontario for
the purposes of holding fire investigations.^ This
Act appears to authorize the creation of a new class
of coroners for fire investigations only, but it does
not interfere with the powers of the ordinary cor-
oners in regard to similar enquiries."
Sec. 2.— in INQUESTS OF DEATH.
When it is made to appear to any coroner in
Ontario that there is reason to believe a deceased
person came to his death from violent or unfair
means, or by culpable or negligent conduct, either
of himself or of others,^ under such circumstances
as require investigation by a coroner's inquest and
not through mere accident or mischance, or upon
> See C. S. C. c. 100, 8. 17 ; Davii v. The Justices of Pembrokeshire, '
L. E. 7 Q. B. D. 573.
'^ See 8. 3.
' In 8. 4 of R. S. O. c. 80, the words "either of himself or" are left
out, so that in cases of death from the culpable or nej^li^ent conduct of
th'. ('eceaxed calling for an iiyuest to be held, the request for the inquest
of tie county attorney, had better be obtained, or no claim to any fees
can ba made notwithstanding' the inquest in such cases is sanctioned by
8. 2 o : the Act.
12 DUTIES OF COROXERS.
being notified by the proper authorities of the death,
no matter from what cause, of any prisoner con-
fined in any gaol, penitentiary, prison, house of
correction, lock-up house, or house of industry, it
is the duty of such coroner to hold an inquest
forthwith upon the body. This is the language of
the K. S. of Ontario, c. 80, ss. 2 & 3, and it places
the question of holding inquests in a clearer light
than the old statute of Edward I., De officio coron-
atoris, which formerly regulated and defined the
duties of coroners. By this latter statute the cor-
oner was directed to hold an inquest on information
of any " being slain or suddenly dead," and although
dying suddenly was always interpreted as not mean-
ing deaths from apoplexy, fever or other visitation
of God, yet it left room for the very improper
practice to spring up of holding inquests on the
bodies of all who died suddenly. There is now no
excuse for such a custom; and the coroners who
hold inquests without the proper information or
notice, are greatly to blame. And in Ontario no
fees can be claimed unless, prior to issuing the
warrant for summoning the jury, the coroner makes
a declaration in writing under oath^ stating that
from information received by him, he is of the
opinion that there is reason for believing that the
deceased did not come to his death from natural
causes or from mere accident or mischance, but
from violence or unfair means or culpable or
negligent conduct of others under circumstances
requiring investigation by a coroner's inquest, unless
the inquest is held upon the written request of the
' See form No. 14.
DUTIES, OF COROSERS. Ift
crown attorney, or in the districts of Muskoka,
Parry Sound, Rainy River and Nippissing, upon
the written request of a stipendiary magistrate, or
the inquest is held on the body of a prisoner/ The
language of Chief Justice Jervis is very appropriate
to the subject. He says: " Coroners ought not in
such cases, nor indeed in any case, to obtrude
themselves into private families for the purpose of
instituting inquiry, but should wait until they are
sent for by the peace officers of the place, to whom
it is the duty of those in whose houses violent or
unnatural deaths occur, to make immediate com-
munication, whilst the body is fresh, and, if possible,
whilst it remains < ii the same situation as when the
person died."^
It is very desirable, as will be seen hereafter,
that an inquest (when there is occasion for one)
should be held with as little delay as possible ; yet
nothing can be riore reprehensible than unseemly
haste, instead of wp^'^nig until properly acquainted
with the necessity lor an inquiry.'^
The power of justices to decline allowing items
in coroners' accounts for holding inquests, which
in their opinions were unnecessary, was tried before
the Court of King's Bench in England, in Bex v.
Kent (Justices), 14 East, 229, when the court
1 R. S. O. c. 80, ss. 3, 4.
" The lant^uage of Lord Ellenborouoh, C.J., in Rex v. Kent (Justices)
11 East, 229, is very much to the same effect and he pronounces tlie con-
duct referred to as "highly illegal."
' Coroners have been known to arrive before death has taken place,
and to have watched the advent of that which gives them jurisdiction ■
with an avidity far from beinj; creditable. An inquest must always be a
painful proceeding to those who generally have charge of the body, more
particularly when accompanied by a pout mortem examination ; and
coroners who wantonly give additional pain to that which a sudden
death has already caused, cannot be too strongly condemned.
14 DUTIES OF COnONERS.
refused to compel the justices to allow au item in
the coroner's account, which had been struck out
because there was no ground for holding the in-
quisition. And it has been held in Ontario, that if
the justices audit the accounts before them at all,
the Superior Courts will not review their decision.^
But if the coroner exercises a reasonable discre-
tion in coming to a conclusion "it is made to
appear to him" there is a proper case for an in-
quest, his judgment in the matter will govern, and
the Board of Audit in Ontario will not be justified
in refusing to pass proper items of his account,
provided the coroner has inade the declaration in
writing under oath above mentioned.^
Let it be borne in mind, then, that no inquest
is now justifiable unless the deceased person came
to his death from violence,^ or unfair vieans* or by
cidpahle^ or negligent conduct,^ either of himself or
of others, luider such circumstances as require in-
vestigation, unless %e deceased was a prisoner
confined in a gaol. The jealous care with which
the law watches over the safety of all imprisoned,
* Davidson v. The Quarter Sessions of Waterloo, 22 U. C. Q. B. 405.
• In re Fergm and Gooley, 18 U. C. Rep. 341.
■ In jndf^ing whether a death is comprehendetl under any of these
terms, they must he read in connection with the words " under such
circumstances as require investigation," for every death from violence,
negligent conduct, etc., need not of necessity require investifjation. For
instance, if a man is choi)pin;4 by himself, and in felling a tree it strikes
and kills him, without there being any reason to suppose he wilfully
placed himself in its way, there would be no circumstances connected
with his death calling for investigation, although caused by " violence."
On the other hand, if another man was chopijiag with him and the cir-
cumstances of the death appeared to require investigation, an inquest
might properly be held.
* See the previous note.
» See note 3, page 14.
• Bee note 3, page 14.
DUTIES OF conoxKm. 15
renders it proper and necessary to hold inquests
upon the hodies of such persons, whether they die
a natural death or not ; and the statute ahove
mentioned requires those having charge of such
prisoners immediately to give notice of the death
to a coroner. Formerly in all cases of the death of
a lunatic in a private asylum in Ontario inquests had
to be held, but the law has been changed and now
when a patient dies in a private lunatic asylum,
a statement of the cause of the death, with the
name of any person present thereat, must be forth-
with drawn up, and signed by the medical atten-
dant of the house, and a copy, duly certified by the
proprietor or superintendent, must, ivitliin forty -
eight hours after the death, be sent by the pro-
prietor or superintendent to the nearest coroner.^
But it does not necessarily follow that, upon
receipt of this statement an inquest must be held.
It is merely a notice to the nearest coroner of the
death, and he should, on its receipt, enquire whether
the circumstances attending the death, call for in-
vestigation, and, if they do not, he should proceed
no further.
The statute of the Province of Ontario, above
referred to, requires an inquest to be held on the
death of a prisoner in the penitentiary, but the
Dominion statute relating to penitentiaries . in all
the provinces, including Ontario,'* states, that if a
convict dies in a penitentiary and the inspector,
warden, surgeon or chaplain has reason to believe
that the death of such convict arose from any other
- » R. S. 0. c. 246, a. 44 ; see forma Noa. 12 & 13.
• See R. S. C. c. 183, a. 65. .
16 DUTIES OF CORONERS.
than ordinary causes, he shall call upon a coroner
having jurisdiction, to hold an inquest upon the
body of such deceased convict, and upon such requi-
sition by one or more of the officers named, the
coroner shall hold an inquest on the body of the
deceased convict, and, for that purpose, he and the
jury, and all other persons necessarily attending
the inquest are to have admittance to the prison.
The language of this Dominion statute does not
expressly take away the right a coroner has to hold
an inquiry upon the body of a deceased convict
when a proper case for one is otherwise brought to
his notice, but, to avoid any unseemly conflict, or
any difficulty in obtaining admission to a peniten-
tiary ; when a coroner thinks it proper to hold an
inquest, the requisition mentioned had better be
obtained from one Qf the proper officers of the
institution. If such is refused, the coroner would
be justified in not holding an inquest.
The statute of Ontario for the proi .ction of
infant children provides that no person shall retain
or receive for hire, or reward, more than one infant ;
and, in case of twins, more than two infants, under
the age of one year, for the purpose of nursing, or
maintaining such infants apart from their parents,
for a longer period than twenty-four hours ; except
in a hguse which has been registered by the muni-
cipal council of the locality ; and incase of the dearth
of an infant in any such registered house, the per-
son registered must, within twenty-four hours after
such deith, cause notice thereof to be given to the
coroner for the district w'ithin which the infant
died, and the coroner must hold an inquest on the
hUTIES OF COnOXKRS. 17
body unless a certificate under the hand of a regis-
tered medical practitioner is produced to him by
the person so registered, certifying that such medi-
cal practitioner has personally attended or exam-
ined the infant, and specifying the cause of its
death, and the coroner is satisfied by the certificate
that there is no ground for holding an inquest.^
Inquests in these cases appear to be exceptions to
the general rule in Ontario, which, under section 4
of R. S. 0. c. 80, requires a coroner to take the
oath therein prescribed before issuing his warrant
to summon a jmy, to entitle him to fees.
\Yhen judgment of death has been executed on
any criminal, it is tne duty of a coroner of the dis-
trict, county or place to which the prison where
the offender was executed belongs, within twenty-
four hours after the execution to hold an inquest
on the body of the offender, and inquire into and
ascertain the identity of the body, and whether
judgment of death was duly executed on the offen-
der. In these cases the inquisition must be in
duplicate, and one of the originals is to be delivered
to the sheriff. No officer of the prison or prisoner
confined in the prison shall in any such case be a.
juror on the inquest.^
The coroner being a judicial officer when hold-
ing inquests must, in Canada, act in person, and
not by deputy.^
In what manner coroners should require the
facts justifying inquests to be evidenced before.
1 R. S. O. c. 209, 89. 128.
» 55-06 V. c. 29, 8. 944, Dora.
» Wood's Inst. 64, c. 1 ; Rex v. Farrand, 3 B. & A. 230 ; 1 Chit. 745.
B. c— 2
18 DUTIES OF COROyERS.
they proceed to hold them, must generally depend
upon the circumstiincen of each case. By analo,i,'y
to other legal proceedings, the information should
be on oath, and the Government in Ontario will
not now pay accounts for inquests unless they are
accompanied by the information on oath mentioned
on p. 12. For the form of the information, see
Form No. 14.
The inquiry can only be taken upon view of the
body (siqyer visum corporis) and must be restricted
to the cause of death of the person upon whom the
inquest is taken.
The question as to how much of the body must
be forthcoming to warrant an inquesi, depends
upon whether the portion produced can possibly
throw any light upon the cause of death. In cases
of suspected poisoning any portion whatever might
■supply evidence one way or the other ; and in cases
of burnt bodies even the ashes might prove of im-
portance. While on the other hand, an inquest
might be held on a considerable portion of a body
which would afford no evidence of the cause of
death, or possibly it might be found the original
owner of the port' was still alive ! No general
rule can be laid down on this question. Coroners
should exercise a careful judgment in the matter
after fully considering all the circumstances of each
case that can be ascertained, and if there is any
reasonable doubt regarding the propriety of an
inquest, let the doubt be given against holding it,
and leave the enquiry, if one is necessary, to the
magistrates. If a body has been so long buried
DUTIES OF CORONERS. 19
as to afford no information a coroner is not justified
in causing it to be disinterred, and if he does so,
he may be fined. ^ It is usually supposed that in
an ordinary grave, a body will become skeletonized
in about ten years. ^ Yet the skeleton alone might
afford very material evidence in some cases.
The inquest and inquisition being judicial acts
they must not be done in Ontario on a Sunday.^
Where there are several coroners for the same
place, an inquest may betaken by one or more; but
when one proceeds in the matter, the acts of others
will be void."*
A coroner has no power after holding an inquest
sujyei' visum corporis and recording the verdict; to
hold a second like inquest mcro 7notii, on the same
body; the first inquisition not having been quashed,
and no writ of melius inrMrenclum having been
awarded."
It is a punishable offence to bury the body of a
person who dies a violent death, without affording
an opportunity of holding an inquest.®
If an inquest ought to be held, it is a misdemeanor
for any one so to dispose of the body as to prevent
the coroner from holding the inquest.'
One inquisition may be taken on the bodies of
several persons killed by the same cause and dying
> 2 Lev. 140; and see o. 5, s. 1, and c. 12, s. 1.
=» Tidy Vol. I., p. 135.
t ' 7 Co. f)66; Dakim' caite 2 Saund. 291a; Jervia O. C. p. 279 ; In re
Elizabeth Cooper, et al: 5 Prac. Rep. 256: It is submitted that section
729 of the criminal code (55-56 V. c. 29) will not apply to coroners
inqnests.
i *2H. P. C. 59.
^ » «^i;. V. TF/u?f 3 El. & El. 137.
I • 4 M. S. Sum. 838.
•' The Queen v. Price L. R. 12 Q. B. D. 247 ; The Queen v. Sttphemon,
L. R. 13 Q. B. D. 331.
20 DUTIES OF CORONERS.
at the same time;^ but the mileage and fees can
only be charged for the one in(iuest.'^
After receiving notice, the coroner summons a
jury, and proceeds with the inquest as directed in
Chapter XII, Part II.
In Quebec no inquest can be held unless as in
Ontario a declaration in writing under oath is made
by the coroner and giving a summary of the in-
formation received and on which he makes the
declaration; and the declaration must be returned
and filed with the inquisition.^
Upon the death of any prisoner in Quebec, the
warden, gaoler, keeper or superintendent of any
penitentiary, gaol, reformatory, house of correction
or lock-up, in which such prisoner dies must
immediately give notice to a coroner, detailing the
death.*
In Nova Scotia the law governing the procedure
of coroners is simply the common law and practice
of England and the language of Chief Justice Jervis
quoted on page 13 sufficiently points out when an
inquest should be held in this province. But when
the coroner finds the death has been caused by
an explosion or accident in a mine of which notice
should be given to the commissioner and the
majority of the jury think it necessary, he should
adjourn the inquest to enable the inspector or some
other properly qualified person appointed by the
commissioner, to be present to watch the pro-
ceedings, and at least four days before holding the
' Reg. V. West 1 G. & D. 481 ; 5 jur. 484.
2 Rex V. Warwick (justices) 5 B. & C. 430. ' - -
■■" R. S. Q. 1888, Art. 2687 & 55-56 V. Que, .. •
* R. S. Q. 1888, Ar*i. 2668. r
DUTIES OF COROXERS. »
adjourned inquest the coroner must send to the
coniinissioner, notice in writing of the time and
place of holding such adjourned inquest. But
before *^^he adjournment the coroner may take
evidence io identify the body and may order the
interment thereof. The inspector or such other
person appointed by the commissioner, or a person
appointed by the workmen of the colHery at which
the accident occurred, must be allowed at any such
inquest to examine any witness, but subject to the
order of the coroner. If the inspector or other
person appointed by the commissioner is not pre-
sent at the in(piest, and evidence is given of any
neglect havinr, caused, or contributed to, the explo-
sion or accident, or of any neglect in or about the
mine, appearing to the coroner or jury to require a
remedy, the coroner must send notice in writing to
the inspector, of such neglect or default.^
In New Bnuiswich, unless an inquest is held
upon the written request of the attorney, or solic-
itor-general, or the clerk of the peace, or of a clerk
of a county court, no fees are payable to any
coroner in respect thereof, unless prior to issuing
the warrant for summoning the jury, he makes a
declaration'^ in writing under oath before a
justice of the peace, a commissioner for taking
affidavits to be read in the supreme court, a notary
public, or any two freeholders resident in the
county in which the inquest is to be held, stating
that from information received he is of the opinion
that there is reason for believing that the deceased
1 R. S. N. S. c. 8, 8. 24.
= See form No. 14. --,^--^.-. ,.-:
22 DUTIES OF CORONERS,
came to his death under circumstances requiring
investigation by a coroner's inquest. This oath
must be returned and filed with the inquisition.''
But if the coroner does not deem an inquest neces-
sary, or if two justices of the peace of the county,
certify to him that he will be justified in granting
a warrant for burial of the body,^ he should
forthwith issue his warrant to bury the body with-
out taking an inquisition.^
In Prmce Edivard Island the coroner's law of
England is taken as it stood in 1773 with some
few statutory provisions added since that date and
the language of Chief Justice Jervis quoted on page
13 sufficiently points out when an inquest should
be held in this province. But in Prince Edivard
Island the coroner having authority to hold an
inquest is the one resident nearest the place where
the deceased person died, or in his absence out of his
county, or in the event of his being incapacitated
from acting by illness, interest or otherwise, then
the inquest is to be held by such coroner whose
residence is next nearest to the place of death of the
deceased.*
In this province in the absence of a coroner an
inquest may be held before a justice of the peace. ^
In British Columbia t'e language of Chief
Justice Jervis, quoted 01^ P'^^ge 13, sufficiently points
out when an inquest should be held, since, in thig
» 52 V c. 14, 88. 1, 2, N.B.
» See form No. 46.
» Con. Stats., N.B., c. 63, a. 7.
^P. E. I. Act of 1855.
»39 V.c. 17, B. 4, P. E. I.
DUTIES OF COROXJSRS.
23
respect, the law of England as it stood on 19th
Nov., 1858, governs.
In Manitoba coroners cannot claim any fees
for inquests unless prior to holding them they take
a similar declaration as is required in Ontario,^
unless the inquest is held upon the written request
of the attorney-general or of a pohce magistrate,
or when the inquest is held upon the body of a,
prisoner who has died in any prison, gaol, house
of correctioii or lock-up. The declaration is to be
administered by a justice of the peace or by any
other person authorized by the Manitoba Oaths-.
Act, to take affidavits for use in Manitoba, and.
must be returned and filed with the inquisition.**
In The North-West Territories upon the death
of any prisoner, the gaoler, or officer in charge of
the gaol wherein such prisoner dies, must imme-
diately give notice of the death to the ne^^rest
resident coroner, and upon receipt of such notice
the coroner must proceed forthwith to hold an
inquest upon the body. In all other cuses no
inquest is to be h Id upon the body of any deceased
person by any coroner, unless it has been made to
appear to such coroner that there is reason to
believe the deceased died from violence or unfair
means, or by culpable or negligent conduct, either
of himself or of others, under such circumstances
as require investigation, and not through mere
accident or mischance.^ How it is to be " made to
appear " that an inquest is necessary, is left to the
^ See p. 13 and form No. 14.
" Rev. Stat., Man., c. 32, 8. 5.
» Rev. Stat., Can., c. 50, s. 83, 84.
24 DUTIES OF CORONERS.
discretion of the coroner, but it is recommended
that he should take a statement of the facts relied
upon, on oath.
In the District of Keeivatin the law relating to
coroners does not appear to have been changed
since the District was set apart, and consequently
the law relating to the North-West Territories will
govern as to when an inquest should be held.
Seep. 23.
In the Temporary Judicial District of Mani-
toulin the law as to when an inquest should be
held is the same as in Ontario. See p. 13.
In Neufounclland in all cases of persons slain,
drowned, suddenly dead, felo de se, or dead in
prison, or in cases where the medical attendant on
any deceased person refuses to certify that such per-
son died from natural causes ; an inquiry respecting
the death of such person must be held by a stipendiary
magistrate, who in addition to all other powers
possessed by him as a stipendiary magistrate, has
all the powers excepting the power of summoning
juries, which a coroner has under the law of Eng-
land.^
Sec. 3.— to INQUIRE INTO THE ORIGIN OF FIRES.
A coroner has no ex officio jurisdiction to hold
an inquest to inquire into the origin of a lire by
which no death has been occasioned,'^ but coroners
now have authority, by an Ontario statute, and it
is their duty in Ontario to institute an inquiry into
the origin of hres. The first statute on the subject,
18 V. c. 157, was limited to Quebec and Montreal,
> o2 v. c. 25, B. 22, N. F.
» lictj V. Her/onl, 3 El. & El. 115 :
DUTIES OF COROXERS. -io
but this was repealed by 20 V. c. 36, forming c. 88
of the Con. Stats. Can., 1859, and now embodied
in c. 217, Eev. Stat. Ont., which enacts that wlien-
ever any lire has occurred whereby any house or
other building has been wholly or in part con-
sumed, the coroner within whose jurisdiction the
locality is situated, shall institute an inquiry into
the cause or origin of such tire, and whether it was
kindled by design, or was the result of negligence
or accident, and act according to the result of such
inquiry.
It is not the duty of coroners to institute inquiry
into the cause or origin of all fires indiscriminately.
They should first be satisfied that there is reason
to believe the fire was the result of culpable or
negligent conduct or design, or occurred under
such circumstances as, in the interests of justice
and for the due protection of property, require
investigation.
The statute does not point out how the circum-
stances justifying the holding of an inquiry shall
be made to appear, and it therefore rests with the
coroner to act upon such information as he may
deem sufficient, whether upon oath or otherwise.^
In cases of loss by fire in which any fire insur-
ance company is interested, any justice of the
peace, or any one having lawful authority to ad-
minister an oath or aflirmation in any legal pro-
ceeding, may also in Ontario, investigate into the
cause of the fire and as to the persons profiting
thereby.^
' '^. S. O. c. 217, 8. 1, In re Fenjus d- Cooley, 1« U. C. Q. B. 341
« R. S. C c. 107, 8. 120: see also 54 V. c. 37, s. 1, a-a. 5, Ont,
26 DUTIES OF CORONERS.
Formerly in Ontario the coroner was entitled to
be paid his fees by the treasurer of the municipa-
lity, whether he made it appear to the author-
ities that an inquiry was proper or not.^
Now, no municipality is liable for any such
expense, unless the investigation be required by a
requisition under the hands and seals of the mayor
or other head officer of the municipality, and of at
least two other members of the council thereof;
and such requisition is not to be given unless there
are strong special aid public reasons for granting
the same.*^ And no expense of or for an adjourn-
ment of any such inquest is chargeable against or
payable by the party, or municipal corporation,
calling for or requesting the investigation to be
held, unless it is clearly shown by the coroner, and
certified under his hand, why and for what purpose
an adjournment took place, or became necessary in
his opinion.''
It has been held that the want of funds in the
treasurer's hands was no answer to an application
for a mandamus to the treasurer to pay the
coroner's fees in a case where the municipality was
liable for them, and where the payment was not
refused on that ground.*
When investigating accidents by fire, a coroner
can in his discretion impannel a jury or not, unless
he is required to do so on the written requisition of
an insurance agent, or of any three householders
' Con. Stat. Can. c. 88, s. 9.
'R. S. O. c. 217,8. 9. ^ ,--
» R. S. 0. c. 217. a. 10.
* In re Feign* and Cooley, 18 U. C. Q. B. 341.
DUTIES OF CORONERS.
27
resident in the vicinity of the fire.^ His duties
and powers in these investigations, as to taking
down the evidence, summoning jurors and wit-
nesses, (fee, are the same as inordinary inquests.^
The jury and witnesses in these investigations
will be noticed in Chapter XII, and the fees in
Chapter XIV.
In the case of Kerr v. The British America
Ass. Co., 32 U. C. Q. B. 5G9, it was held that a
coroner is a magistrate who may give a certificate
of loss under an insurance policy. This case was
decided before 54 V. c. 37 (0)., by section one of
which statute certain coroners are made justices of
the peace for every county and part of Ontario for
the purposes of holding fire investigations. By
this statute it seems a new order of coroners has
been created in Ontario called "provincial
coroners." They are by virtue of their appoint-
ment both coroners and justices of the peace for
every county and part of the province for the pur-
poses of holding fire investigations only. Before
provincial coroners can enter on any such investi-
gation they must obtain the consent in writing of
either the attorney-general, or county attorney for
the county wherein the investigation is proposed to
be held. Their fees are the same as those charge-
able by ordinary coroners when holding fire inves-
tigations,^ and they are paid in like manner. And ia .
all other respects — as under what circumstances an
inquest can be had — when a jury may be impanelled
> R. S. O. c. 217, B. 3.
" R. S. O. c. 217, 88. 4, 5, 6.
'See c. 4. . •
28 DUTIES OF COnOXERS.
— the power to summon witnesses, &c., the power
and proceedings of provincial coroners are the same
as those of ordinary coroners when holding fire
inquests.^
The creation of this new order of " provincial
coroners " does not appear to he intended to i iter-
fere with, or in any way supersede, the duties and
powers of ordinary coroners as to holding fire
investigations.
InNova Scotia, New BnmszvicJc, Prince Edward
Island, British Columbia, Manitoba, The North-
West Territories and Keeivatin, coroners have no
power to hold fire investigations.
In Manitoulin, coroners have the same powers
and duties as regards fire investigations as coroners
have in other parts of Ontario.
In Quebec, coroners have the same powers and
duties as to investigating accidents by fire as in
Ontario,^ except that the provisions of 24 Y. c. 33
(C). limiting the responsibility for the expenses of
the fire inquests to the party requiring the investi-
gation, and requiring an instrument under the
hands and seals of the head ofticer of the munici-
pality and of at least two other members of the
council to make the municipality liable for the
expense of the investigation, and also not allowing
the expenses of an adjournment unless it is clearly
shown by the coroner and certified under his hand
Avhy an adjournment took place, are limited to
Ontario and these provisions do not apply to
Quebec.
1 54 V. c. 37, s. 1, Out.
'^ Con. Stats, of Canada 1859, c. 88, 23 V. c. 35, Can.
I
DUTIES OF CORONERS. 29
And ill the cities of Quebec and Montreal fire
inquests cannot be held by coroners, but must be
held by inspectors and superintendents of police or
recorders,^
In Newfoundland, wherever any building or
property is injured or destroyed by fire, the stipen-
diary magistrate or justice for the district in which
the fire occurs, or such justice as the governor in
council may^appoint therefor, shall make an inves-
tigation to ascertain the cause or origin thereof,
and these officials have power to enforce the attend-
ance of witnesses by summons or warrant and to
examine them under oath.'^
Sec. 4.— to RETURN INQUISITIONS.
In every case of investigation super visum
corporis found before coroners in Ontario, the
inquisition, and every recognizance taken before
them, with the written information (if any), and the
depositions and statements (if any) of the accused,
shall be forthwith delivered to the crown attorney
for the county in which such inquisition has been
found. ^
The returns of fire inquests held in Ontario,
either by ordinary coroners or by Provincial cor-
oners, are to be made to the clerk of the peace for
the district or county within which they have been
taken/
Under this section it will be proper to mention
that coroners in Ontario are required to return lists
1 Con. Stats. Can. c. 88, s. 8.
^52 V. c. 25, 8. 21, N. F.
3 R. S. O. c. 80, s. 13, and c. 79, s. 10.
* R. S. 0. c. 217, 8. 2 ; 54 V. c. 37, 8. 1, s-s. 5, Ont.
30 DUTrES OF CORONERS.
of the inquests super visum corporis held by thorn
during the preceding year, together with the find-
ings of the juries, to the provincial treasurer, on or
before the first day of January in every year,^ and
the coroner who holds an inquest, before the body
is interred, should supply the division registrar of
the divisioi. in which the death took place, accord-
ing to his knowledge or belief, with all the particulars
required to be registered, touching such death by
the form provided in the K. 8. 0. c. 40, s. 14.'^
The division registrar is the clerk of the munici-
pality, except, until municipal organizations are
formed, in Algoma, Nipissing, Thunder Bay, Rainy
River, Muskoka and Parry Sound, and any terri-
torial district formed after 31st December, 1887.
Por these latter places division registrars are
specially appointed by the Lieut. -Governor in
council.
In Nova Scotia, coroners must return each
inquisition held sup)e7' visum corporis to the clerk of
the crown for the county, at or before the next
sittings of the Supreme Court, and the clerk must
file the same without charging any fee, and give
the coroner a certificate containing the date of the
inquisition, and the date of filing the same. And
on or before the 10th January in every year,
coroners in Nova Scotia must return a list in tripli-
cate of all the inquests held by them during the
year, together with the findings of the juries, to the
office of the provincial secretary, under a penalty of
$20.^ And in inquests arising out of mine accidents
» R. S. O. c. 80, 8. 14.
' See Form No. 114.
» R, S. N. S. 5th series, 1884, c. 17, 8s. 2, 8.
DVT I EH OF CORONERS. ' 31
when the inspector or some other person appomted
by the commissioner is not present, and the
evidence shows any ne^^lect as having caused or
contributed to the death, or that any defect about
the mine exists which appears to the coroner or
jury to require a remedy ; it is the duty of the
coroner to give the inspector notice in writing of
such neglect or default.^
In New Brunswick, the evidence taken at any
inquest super visum corporis, together with the
inquisition and the oath of the coroner stating tiie
investigation was required (see form No. 15), must
in all cases, except where a verdict of murder or
manslaughter or accessory to murder before the
fact shall be rendered against any person or per-
sons, be immediately thereafter transmitted by the
coroner to the clerk of the peace for the county in
I which the inquest is taken, who must file the same
I in his office. No fees for holding an inquest will
I be paid until after the coroner shall have filed the
examinations or depositions except in the cases
above excepted. And in New Brunswick coroners
are also required on or before the first day of
January in every year, to return to the provincial
secretary a list of inquests held by them during
the preceding year, together with the findings of
the juries.^
In Prince Ediuard Island, a law wps passed in
1836 regulating the duties of coroners, and among •
these duties, coroners were required to certify and
sabscribe the evidence taken before them, and all
» K. S. N. 8. c. 8. 8. 24.
« 49 V. c. 27, 88. 1, 2, N.B. ; 52 V. c. 14, 83. 1, 2, 3, N.B.
82 DUTIES OF COROSEIiS.
recognizances and the inquisition, in cases of man-
slaughter or murder or accessory to murder before
the fact, and dehver or transmit the same to the
proper officer of the court in which the trial was to
be held before or at the opening of the court ;
under a penalty of such fine as the couit should
think meet. In 1855 another Act was passed
making it the duty of all coroners holding inr
quests under the authority of that Act to trans-
mit the proceedings and finding of the same to the
Lieut - Governor in council, in order to their
publication if thought necessary. Again in 1876
a further Act was passed^ requiring coroners to
return their inquisitions to the clerk of the crown
within fifteen days after holding the same, who is
to file the same without fee, and give the coroner
a certificate containing the date of the inquisition
and the date of filing the same. No express pro-
vision is made in either of the last two statutes,
repealing the requirements of the others, but inas-
much as when the inquisiitions are filed under the
last statute w^th the clerk of the crown, it be-
comes impossible to file them with any other
officer, this last statute must be taken as super-
seding the other two, and the returns had better
be made in all cases to the clerk of the crown.
In British Columbia coroners are required
forthwith after an inquest, to return the inquisition
and every recognizance taken before them, with the
depositions and statements (if any) of the accused,
to the attorney general of the province. And also
they are required, on or before the first day of
» 39 V. 0. 17, P.E.I.
hl'TIH-'^ <>/■' CO/ioXK/iS.
83
i
Jiinuary in every year, to return to +'ie provincial
secretiiry, a list of the in(|uests held by them
during' the precedin*,' year, to<fether with the hnd-
in<,'s of the juries.'
In Manitohd, coroners are required to file
inquisitions and the oath taken prior to issuing
the warrant for sunnnoninf,' the jury.
In TheNorth-West Territories, the law has not
been changed as regards coroner's returns since
1.5th July, 1870, upon which date the laws of
England relating to civil and criminal matters
were adopted.
Ill Keewafin, coroners make returns of inquests
held by them to the Lieut. -Governer in such form
and at such times as he directs.''^
In Manitoulin, coroners make their returns of
inquisition as in the rest of Ontario. See p. 29.
In Newfoundland, the proceedings on an in-
quest and all depositions connected therewith are
returned by the stipendiary magistrates, who alone
can hold inquests there, to the attorney or solicitor-
general, for such further action as may be required.'*
The returns in fire inquests should be made to the
attorney-general only.'*
Sec. 5.— to EXECUTE PROCESS.
Ie addition to his judicial functions, the coroner
also acts ministerially as a substitute for the
sheriff, and executes process when that officer is
incapacitated by interest in the suit, or makes
1 R. S. (B.C.), 1888, c. 24, s. 17.
■' R. S. C. c. 53, s. 27.
» 38 V. c. 8, s. 2. (Newf.)
♦ 52 V. c. 25, s. 21 (Newf.)
B.C. — 3
84 IK'TIES OF CO/IOXK/IS.
defuult.' When so actiiifj;, the (;oroner can ilo all
lawful acts which the sherirt' iui^4it have done.-
When jiulgMient is recovered a^'aiiist a sheriff
and his sureties on their covenants, the plaintifl" or
his attorney nuist, by endorsement on the writ,
direct the coroner or other officer char^^ed with the
execution of such writ, to levy the amount thereof
upon the goods and chattels of the sheriff in the
Urst place, and in default, of ^oods and chattels of
the sheriff to satisfy the amount, then to levy the
same, or the residue thereof, of the goods and
chattels of the other defendant or defendants ; and
so in like manner with any writ against lands and
tenements, upon a judgment on any such covenant.^
If a sheriff forfeits his office and becomes liable
to removal, he is still to execute process until his
successor is appointed.^
In case a sheriff dies, or is removed from office,
or resigns his office and his resignation is accepted,
process is not to be awarded to the coroner, but to
the under sheriff or deputy. °
When the process is awarded to the coroner,
the sheriff is no longer considered as an officer in
the suit f and as judicial writs follow the course of
their original, where the first process is awarded
to the coroners the execution must be directed to
them also,^ even though a new sheriff be appointed
in the meantime.**
• 4 Inst. 271, GilclirUt v. Conger, 11 U. C. 107 ; R. S. O. c. 52, s. 76.
■' Hob, 85.
■' R. S. O. c. IG, 8. 24.
* R. S. O. c. 16, 8. 25,
s R. S. O. c. 16, 8. 45.
« Cro. Eliz. 894.
' 2 Hen. VI. 21, a; Bro. Exon. 110 ; 14 H. 8, 316 ; Jer. O. C. 52.
" Com. Dig. Officer, G. 13.
Di'TiE.H OF conoyKiis. 85
Interest in the sheriff who has executed the
earlier proceeding's in the suit, is no reason for
directing tinal process to the coroner ; although, if
the interest of the sherili' be suggested upon the
roll, the court will award the re.nive to the coroner.*
Process against the deputy sheriff may, it
seems, be awarded to the sheriti'.-
When the sheriff is interested in a suit the jury
must be sununoned by the coroner under a venire
awarded in the particular case. The number of
jiu'ymen smnmoned in such a case need not be
over twelve unless the writ of venire orders other-
wise.'^
In Gilchrist v. Conger, 11 U C. Q. B. 197, it
was held that where the sheriff is defendant a writ
of replevin, under 14 & 15 V. c. (54, could be
directed to the coroners, though the statute does
not provide for such a case, it being a well known
rule of construction that a remedial statute shall
be extended by equity to other persons besides
those expressly named.
In an action on a replevin bond given to B, one
of the coroners of the coun y, the defendants hav-
ing moved in arrest of judgment on the ground
that the bond was made to, and assigned by, one
coroner, not the coroners of the county ; it was
held that the bond being properly set out in the
declaration, and no issue or point being raised on
the record, the court were not bound to take judi-
cial notice that there were more coroners than one
• Jer. O. C. 52.
^ Gordon v. Bonter, (J U. C. Law Journal, 112.
" R. S. 0. c. 52, 9. 76 ; Fraser v. Dickson, 5 U. C. Q. B. 231.
36 DUTIES OF COliOXERS.
ill tlie county, and the declaration was therefore
sustained. DitArEU, C.J. , said : " The declaration
does not show that there is any other coroner than
the one named as the obligee, and that though he
is stated to be ' one of the coroners of the united
counties,' etc., this is merely matter of description,
not recjuiring proof, or containing an admission
that there were other coroners. And fs to the
assignment, one coroner may assign, though there
are several, if he states he does so for all, and in
the name of all, and if there were more than one,
non constat on the declaration that the assignment
was not so made. But as the bond was only given
to one, and assigned by him, we are not, I appre-
hend, to notice anything out of the record, or to
take judicial notice that there is more than one, as
no statute makes it necessary there should be."^
In a case where a coroner has seized a note
under £ifi. fa. directed to him, and in suing for the
note the declaration did not show howthe/. /«.
came to be directed to the coroner, it was held that
where a writ can under certain circumstances be
properly directed to a coroner, the court would
assume these circumstances existed in the case
before him.'^
Under 48 Geo. III. c. 13, s. 5, it was held the
coroner had no authority to sunnnon a special jury;
but it should have been done by some inditferent
person appointed by the court, the sheriff being
interesoed.'^
1 Johnston et al. v. I'arke, et al., 12 C. P. 17<t.
■' Bioini V. Gordon, 1(1 U. C. Q. B. 31-J.
» Clandin.nt v. Dirhson et al., S U. C. Rep. 281.
Dl'TIKS OF ColiOXEIiS. 37
When a coroner is reqnired to arrest a sheritt',
a clirticulty must present itself in knowing what to
do with the prisoner. If incarcerated in his own
prison, he might d'smiss the gaoler and turnkeys,
who are all of his l , n appointment, and let himself
out ! and the r-oroner would have no authority (in
all cases at least) to take him into another county
and imprison him there. ^
If required to arrest a sheriff on hahtdn corpus,
and have his body before the court at Osgoode Hall
by a day named, the coroner might then perhaps
start for Toronto immediately after the arrest, and
lodge his prisoner in the gaol there until he was
wanted ; but when he arrests a sherifi' on a capias,
for instance, what can be done with him? In some
cases he might no doubt be legally imprisoned in a
private house, but in others no imprisonment would
seem to be legal except in the coniuion gaol of the
county — imprisonment under the Division Court
Act, for instance. Generally, from there being no
danger of the sheriff absconding, the coroner need
only tell him he is his prisoner, and take a promise
from him to appear when required. But if there is
any likelihood of the sheriff keeping out of the way,
perhaps the best method of securing him would be
to confine him in the coroner's or some other con-
venient house in charge of one or more bailiffs,
according to the necessity of the case. However,
' The Municipal Act of Ontario (R. S. O. c. 184. s. 4(54,) now requires
the appcintment or dismissal of a <.'aoier to be approved of by the Lieut. -
Governor, but as the noniimvtion of the gaoler still rests with the sheriff,
the gaoler could hardly refuse to vacate the gaol if told to do so by the
person who appointed him, and by the time the Lieut. -Governor refused
1-18 approval of the dismissal, the mischief referred to in the text would
be done.
88 DUTIES OF CORONERS.
the writer knows of no authority by which to point
out the proper course to be pursued.
Another difficulty occurs in the execution and
return of writs directed to coroners, which, however,
more concerns the members of the legal profession
than the persons for whom this work is specially
written. It arises from the rule that where cor-
oners act ministerially, although one may execute
the writ,^ the return must be in the name of all.-
The practice in this country, as far as the writer
is aware, is to direct the writ to the "coroners" of
the county, and to hand it to one coroner, who
makes a return in his own name ; and if it is a writ
oi fi.fa., it is endorsed on the back thus: " Mr.
Coroner, levy and make," etc., etc. And the
coroner also makes the return simply in his own
name. This general practice, if indeed it is such,
seems clearly improper; for so inflexible is the rule
mentioned that in the case of Bex v. Dolhy,-^ the
coroners were directed to return a special jury,
which was done ; but a tales being required, it was
returned by one coroner, who happened to be in
court. This was objected to on the ground that
the return must be by all, and the validity of the
objection was admitted. The difficulty does not
now appear to arise in England, for none of the
practice books state how the return by all the cor-
oners .' obtained. Probably they have no more
than one or two coroners for each county, and the
return by all is easily effected. In this country,
12H. PC. 56.
^2 Hawk. P. C. c. 9, s. 45 ; Staun. P. C. 53 (a).
» Cited Umf. 144.
DUTIES OF CORONERS.
39
where coroners are very numerous in every county,
and some widely separated from others, it is im-
possible to comply with the law. Until a remedy
is provided by Act of Parliament, no more can be
done than to give the profession warning of the
difficulty.^
If the writ be directed to the " coroners," where
there are more than two coroners in the county, it
may be executed by the survivors, although one die
before the return ; but if only one survive, he can
neither execute nor return the writ until another io
appointed.^
If the coroner will not execute a writ, and an
attachment is taken out against him, it must not
be delivered to another coroner to serve, but an
elisor for that purpose will be appointed by a judge
in chambers on affidavits stating the facts ; who, if
he accepts the writ and afterwards will not execute
it, can also be attached. If he does not accept the
writ he cannot be made to. More than one elisor
will be appointed if required.
Personal service of process on a sheriff by a
coroner is not necessary if he cannot be conveni-
ently found. Service in such a case can be made
u})on the deputy-sheriff, or if he cannot be con-
veniently found, then upon any clerk, or bailiff of
the sheriff, who may be present in, or have charge
of the sheriff's ofHce.^
' In adoptinj^ this coarse, the writer has followed the example of the
late Chief Justice Harrison in his notes to the Common Law Procedure
Act, p. 23, and ^ee JohiiMon ct til. v. Parka et «/., I'J C.l". 17'.t referred toon
p. HC.
-H. r. C. 56; F. N. B. 163 ; Cro. Jac. 383
" Con. Rule '.U7.
40 DUTIES OF CORONEES.
A written order under the hand of the sohcitor
in the action by whom a writ of capkiH ad satis-
facieiuhim has been issued, will justify a coroner
in dischargin*,^ the party in his custody, unless the
party for whom the solicitor proposes to act has
given written notice to the contrary.^
A writ of attachment should be personally
delivered to the coroner, in order to bring him into
contempt.-^
An attachment against a sheriff nmst issue to
elisors in the first instance, if the coroner is the
defendant in the cause.'^
Coroners, in their ministerial capacity, may do
all such lawful acts as the sheriff might have done,
and are subject to the same duties, process and
penalties as the sheriff.^
In the Creditors Eelief Act (R. S. 0. c. 65), the
word " Sheriff" includes coroners.
The ministerial duties of tbe coroner need not
be discharged personally, but, as in the case of the
sheriff", he may by warrant delegate his authority
to another."'
By the Ontario consolidated rule No. 918, rules
878, \)V1 to Olo inclusive, 917, 919, 925 and 1283
to 1287 inclusive, extend and apply to coroners
employed in the service, or executing of the
process of the High Court, or of any of the county
courts.
' Con Rules 918, 925.
'■'I H. it W. 332, and see books of practice.
'^Rc'i V. Ulamorganshire (Slien[f), 1 D. N. S. 30S; 5 Jur. N. S. 1010
B. C. ■
^R. 8. O. c. 10, as. 27, 28, 2S).
Mer. O. G. 71.
DUTIES OF CORONERS.
41
Coroners acting in civil proceedings in Ontario
are entitled to the fees and allowances set forth in
the tariff C appended to the consolidated rules. ^
In (Quebec, before giving instructions to the
sheriff to summon a panel of jurors, the clerk of
the crown, or clerk of the peace, must en(|uire of
the sheriff whether he knows cf any lawful cause
whereby he is dis(]Urdified from summoning the
jurors, and if the sheriff admits any ground of dis-
(jualification, the attorney-general is notified, and
the proper steps taken to have the jurors sum-
moned by the coroner for the district. -
In Noc(h Scotia, New Bnoiswlcl, Prince Ed~
intrd Island, British Columbia, Manitoba, The
North-West Territories and Keeivntin, there does
not appear to be any statute Hw relating to the
general execution of process hy coroners when act-
ing ministerially, the general law, as stated in this
section, will apply in these provinces and terri-
tories the same as it does in Ontario. The fees,
however, to be charged by coroners when acting
ministerially will be the same as the sheriff is
allowed in each province or territory. But as
regards coroners summoning juries for the Superior
Court and county courts, and their fees therefor,
in New Brunswick, see Con. Stats. (N.B.) 1877,
c. 45, s. 12 ; 31 V. c. 26 (N.B.) ; 45 V. c. 19 (N.B.).
Manitoulin., being part of Ontario, will be
governed by the Ontario law, as stated in this
section.
' See Con. Rule No. 1232.
_ '-'R_S. Q. 1888, Art. mbla ; 54 V. c. 24 (Q.), and see also Arts. ^2Go^b,
2657c, iGold, 2G()1, for further provisions regarding summoning jurors.
42 DUTIES OF CORONERS.
To trace all the law relating to the execution
of civil process by coroners, would be to write the
office of sheriff. Coroners are therefore referred
to works on the duties of that officer for any-
further information they may require under the
present heading.
Sec. (5.-0THER DUTIES.
As to the other duties of coroners, it may be
mentioned that the statute De Officio Coronatoris,
4 Ed. I. st. 2, gave authority to coroners to inquire
of other felonies besides homicide (though this,
however, is doubted by some writers) ; to enquire
of treasure troves, of royal fishes, and of ivreclis ;
to receive an ajipeal of felon?/ or inayliem, to take
the confession and* abjuration of felons, and to
j^ronounce jnclgment of outlaivry. Some of these
duties have been expressly abolished by statute,
and the others may be said to have become almost,
if not quite obsolete.^
'The case in England of The Attorney -General v. Moore, [1893J , 1 c.
676, is a recent instance of an inquest as to treasure trove.
As regards Forfeiture, see Chap. III. s. 1, and Chap. X.
DUTIES OF CORONERS.
43
CHAPTER III.
OF THE JURISDICTION OF COROXEUS IN INQUESTS OF
DEATH.
Sec. 1.— their GENERAL JURISDICTION 43
" 2.— THEIR JURISDICTION IN PARTICTULAR CASES.. U
" 3.— SUPREME JURISDICTION 45
Sec. 1.— their GENERAL JURISDICTION.
The general jurisdiction of the coroner is con-
fined to deaths happening within the hinits of his
county, city or town, and cannot he enhirged by
any private Act or delegation from the crown, ^
A coroner for a county, it seems, may act in a
city or town within his county ;'- and see remarks
on the subject on p. 44.
\Yhen one county separates from another, or a
city or town becomes incorporated in Ontario
coroners are appointed for the junior county, or
the city or town, as the case may be.
In Nora Scotia, inquests may be held by a
justice of the peace in the absence of a coroner."'
In New Brunsiviclx , it would seem from the
wording of 49 V. c. 27, s. 1, (N.B.), as if justices of
the peace can hold inquests, but the wiiter has
failed to find any statute of that province directly
authorizing them to do so, and without special
authority by statute, they would have no right to
hold an inquest.
'2 Find), 388. "
- Rij. V. Berry, 9 P. R. 12;} ; and see re;iiarks 0!i the subject on p. 44.
•■'E. S , N.S., 5th Series, 1884, cap. 17, s. 7.
44 DUTIES OF VORONERS.
In Prince Edward Island, inquests may be held
by Ji justice of the peace in the absence of a
coroner.^
Sec. 2.— their JURISDICTION IN PARTICULAR CASES,^
Coroners of counties have jurisdiction concur-
rent with coroners of the Admiralty over deaths
happening in the arms of the sea (infra vorjnis
coviifatusy^ and in great rivers* and in ships lying
in harbour,'"' but they have none upon the high
seas.
In Eeginav. Berry, '^ it was held by Ohleu, J.,
that a coroner for the county of Carleton, Ontario,
had jurisdiction to hold an inquest in the city of
Ottawa situate in that county " there being noth-
ing in the Coroners' Act, K. S. O. c. 71) now
R. S. 0. c. 80j to limit the jurisdiction of a
coroner." This decision w'ill not warrant a coroner
for a cifij or toivn, assuming to act outside the
limits of his city or town ; nor, it is submitted,
would it be prudent in the case of a death of a
' Act of lS-,0 and 3'.) V. c. 17, h. i. (P.E.I.)
- Under this section, in the former editions of this work, reference
was made to cases of murder or mansh\ui.!hter, committed in any place
with respect to which it might be uncertain as to what county or district
the offence was committed in, and 1 5 the coroner's jurisdiction, within
one mile of the boundary of his county in such cases. These cases, and
others also referred to, were provided for by R. S. C. c. 174, ss. it, 10, 11,
12, but this statute has been repealed by the criminal code, and these
particular sections, although embodied in Part XLIV of the code, cannot
now be stated with any confidence as applying to coroners' inquests, since
the interpretation clauses contain nothing that include a coroner's
inquiry, nor does the body of the code mention anything that would
apply in this particular. It will, therefore, be better for coroners to
confine themselves strictly to the limits of their own districts except m
the cases still retained in the text.
•■' 2 H. P. C. 15, 1(5, '>i.
^2H.P. C. 15, 16, 51.
n Str. 1007, 231.
" y Pr. R. 123.
Dl'T/ES OF COltOXERS. 45
prisoner, for the notice of death under the third
section of the Coroners' Act (B. S. 0. c. 80) to
be given to a county coroner where the death has
taken place in a city or town having a coroner of
its own. And if the notice is ^iven in such a case
to a coroner for the county he had better decUne
to act for fear of want of jurisdiction.
Tlie great hikes of Canada are within the Admir-
alty jurisdiction, and offences committed on them,
although in American waters, are as if committed
on the high seas, but coroners should not act in
such cases unless the body is within their county.^
Coroners of counties have also jurisdiction
when the death happens between high and low
water mark upon the sea coast, during the time
when the soil is not covered with water. ^
In these cases of extended jurisdiction the
coroner had better see that the body is brought
within his county before holding the inquest.'^
Where there is any doubt, the jurisdiction of
the connnon law ought to be preferred.^
Sec. 3— supreme JURISDICTION.
Coroners virtutc officii have supreme jurisdic-
tion everywhere,^ within the limits of their ordin-
ary ofticial jurisdictions.
^ li-'!l V. Sharp, 5 Pr. Rep. 13'j.
- 3 [nat. 113 ; 5 Rep. 107 ; Lucie's Case, 2 Hale, 17, 20 ; 1 East, P. C.
c. 51, b. 131, and see Parker v. Elliott, 1 C. P. 470-491, note, and Gage v.
Bates, 7 C. P. 11(1.
•* It is paid of a Memphis, Tennessee, coroner, that he complained
his luck was against him, because there had been four street shootings in
that American city, without fatal results : and, in three instances, the
bodies of drowned men had floated out of his jurisdiction !
* East, P. C. 0. 17, 8. 10.
' 4 Rep. 47.
46 hf'TIF.S OF COnOXERS.
CHAPTER IV.
OF THE RIGHTS OB' CiJRONEllS.
Sec. 1.— general REMARKS l(v
" 2.— THEIR RIGHT TO FEES 46
'• 3.— THEIR EXEMPTION FROM SERVING OFFICES 48
" 4. THEIR PRIVILEGE FROM ARREST 48
" 5. AS TO THEIR OTHER RIGHTS AND PRIVILEGES.. 48
Sec. 1.— GENERAL REMARKS.
Coroners, while acting judicially, have no right
1,0 appoint a depnty.^
In England, this right has been conferred by
statute,^ but we have no such enactment in Canada.
The ministerial duties of coroners may however be
executed by deputy, but the return of process must
be made in the name of all.'^
Sec. 2.— THEIR RIGHT TO FEES.
Their office was originally one of such great
dignity, that coroners would not take any reward
for their services ;'* and afterwards (when no doubt ^
the weakness of human nature began to get the
better of our forefathers' pride) they were forbidden
by statute to accept anything for executing their
office, upon pain of heavy forfeiture.^
It was not until the reign of Hen. VII. that
coroners were paid a regular fee for holding inqui-
• Cromp. Just. 227 a ; 2 H. P. C. 58 ; 1 E. P. C. 383.
•^ 6 & 7 V. c. 83, etc.
■* Jer. O. C. 71, and see Chap. II. sec. 5.
■• 1 Com. 347.
» 2 Inst. 210, 17«.
DUTIES UF COHOX/C/iS. 47
sitions, and then only in cases of persons slain,
when they received 18s. 4d.' Afterwards, they
were paid for all inquests except those taken upon
the view of bodies dying in a gaol or prison.- And
now, they receive renunieration in all cases.
If the authorities refuse to allow fees to a
coroner, his only remedy is to apply to a superior
court for a mandamus.''
The writ must state all the circumstances of
the case ; must shew that he is entitled tg the
relief prayed ; and that he had a right to recjuire
the auditors to do that, for the non-performance
of which the writ was sued out.^
It has been held a coroner was not entitled to
be paid for an incjuisition taken upon a dead body
under 25 Geo. II. c. 29, unless the inquisition was
signed by all the jurors.^
In Newfoundland, the act abolishing the office
of coroner,'^ and requiring inquests to be held by a
stipendiary niagistrate, does not provide for the
payment of any special fees to the magistrate for
holding the inquest.
For the execution of process and other acts
incident to their ministerial character, coroners are
also entitled to fees.
For a Schedule of Fees, see chapter xiv.
1 3 Hen. VII. c. 1.
-' 25 Geo. II. c. 29.
'■' From the judgment of the Court of Queen'8 Bench, in re Davuhon
and the Quarter Sessiom of Waterloo, 22 U. C. Q. B. 405, it seems the ,
superior courts will only compel an audit. So if a coroner's account
is audited and portions thereof disallowed, the auditors' judgment in the
matter will not be interfered with.
M T. R. 52.
° Rex V. Norfolk (Justices) 1 Nolan, 141.
« 38 V. c. 8 (Newf.).
48 hI'TIKS OF lOROXKHS.
Bec. 8.— THf:m EXEMPTION FROM SERVING OFFICES.
Coroners are exempt troiii serving' offices which
are inconsistent with the (hities of coroner, and are
not liable to be sunnnoned as jurors.^ And they
are exempted from bein^' elected, or appointed,
members of a innnicipal conncil, or to any other
mnnicipal office in Ontario.'^
In M(i/iit()h(i, coroners are exempted from serv-
hv^ on <(rand and petty jnries,'' and from l)einff
elecjied, or appointed, members of the nnmicipal
conncil or to any mnnicipal office.^
Sec. 4.— THEIR PRIVILEGE FROM ARREST.
The same principle which exempts jndges and
ofHcers of the snperior conrts from arrest while ex-
ecuting their judicial duties, seems to apply to coro-
ners; and in a case tried in England, Mr. Justice
Gaselee expressed his opinion that this exemption
extended to coroners, while going, remaining, or
returning, for tlie purpose of taking an inquest.
Sec. o.— as TO THEIR OTHER RIGHTS AND PRIVILEGES.
In this place it may be stated that coroners
were formerly entitled in Ontario to a copy of the
Provincial Statutes of each session ; but under the
present regulations 'they are not so entitled; an
order in council having been passed in 1859 discon-
tinuing the practice which had theretofore obtained,
of furnishing the statutes to coroners, and a circular
' 2 Roll. Abr. 632, s. 4 ; F. N. B. 167 ; R. S. O. c. 52, s. 6. s-s 13.
- R. S. O. 0. 184, s. 78.
• =' R. S. Man. 0. 81, s. 3. / ' ___
^ R. S. Man. c. 100, a. 55.
hi TIES OF t'UliONKHS. 49
letter to that effect was addressed to the Clerks of
the Peace in Upper Canada, on the 27th of June
of that year. They ought to be furnished witli
Usts of constables by the Clerks of the Peace,
whenever ordered to be so furnished by the Justices
in General Sessions.^
A coroner, as a judge of a court of record, is not
liable to a civil action for any thing done by him in
his judicial capacity, if he acts indiscreetly or
erroneously ; and generally where there is reason-
able and probable cause for the act complained of,
it is of no moment whether there was malice or
not."
An action does not lie against a coroner for
defamatory words spoken by him while holding an
inquest.'
Trespass will not lie against a coroner for turn-
ing a man out of a room where the coroner is about
to hold an inquisition.^
1 R. S. O. c, 83, sch. p. 839.
- Garner V. Coleman, 19 C. P. 106.
3 Thomas v. Churton, 8 Jur. N. S. 795 ; 2 B. & S. 475.
* Garnctt v. Farrand, 6 B. & C. 611.
B. C— 4
i I
50 DUTIES OF COnOXERS.
1 CHAPTER V.
i OF THE LIABILITIES OF CORONERS.
'I
;' SEC. 1.— FOR MISCONDUCT 50
" 2.— TO BE REMOVED 55
" 3.— FOR THE ACTS OF CO-CORONERS 56
SEC. 1.— FOR MISCONDUCT.
No action will lie against a coroner for any act
honesiily done by him in his judicial capacity, but if
coroners be guilty of any misconduct, either in their
judicial or ministerial capacity, they are liable to
be punished.^
If a coroner, after notice, do not view the body
and take an inquisition in convenient time f if
he conceals felonies, or is remiss in his duty throufjjh
favour ; if he misconducts himself in taking an
inquisition ; if he does not return the inquisition
in proper time ; or takes an inquisition without
viewing the body ; or if he do not reduce to writing
the evidence given to the )ury before them, or so
much thereof as shall be material, and certify and
subscribe the same, together with the recognizances
and inquisitions before them taken ; or in Ontario
if he do not return a list of inquests held by him,
together with the findings of the juries, to the
provincial treasurer, on or before the first day of
January in every year ; or if he does not supply the
Mer. O. C. 93 ; darrett v. Ferrand, 6 B. & C 611 ; Thomas v. Churton
2 B. & S. 475; Kemp v, Nevile 10 C. B. N. S. 523; Garner v. Coleman
19 C. P. 106.
' See Form of Indictment, No. 6.
DUTIES OF CORONERS. 51
Division Registrar of the division in which a death
takes pLace, and inuo the cause of which he makes
inquiry, before the interment of the body, with all the
particulars required to be registered ; or if he wil-
fully and knowingly demands or receives any other
or greater fee or allowance than the fee or allow-
ance to which he is entitled ; in any and all these
cases he renders himself liable to punishment.^
And if a coroner neglects to discharge the duties
required of him by the Dominion Act respecting
Anatomy^ he is liable to a Hue of not more than
$20 for every such offence. These duties will be
found stated in Chapter XII., section 8, and relate to
the disposal of certain dead bodies.
Coroners in Ontario taking money to excuse
any man from serving or being summoned to serve
on juries may be fined. '^
Coroners generally in Ontario during the time
they use or exercise the ordinary duties of their
office, are not qualified to be justices of the peace ;
and if they act as such, their proceedings ar'>! void
and of no effect, and they themselves become
Hable to be heavily fined.*
If the body has been so long buried as to afford
no information on view, a coroner will not be justi-
fied in causing it to be disinterred ; and if he do so,
he may be fined .^
' 2 H. p. C. 58 ; 3 Ed. I. c. 10 ; 1 Leach, c. L. 43 ; Jer. O. C. 90 ;
R. S. 0. c. 40, 38. 14-28 ; R. S. O. c. 83, 8. 7.
-R. S. C. c, 149 as amenJed by 52 V. c. 24, Doin,
=' R. S. O. c '■•" s. 170.
* R. S. O. c. V J , 6. 8 ; and see p. 10 ; Davies v. JuKtice of Pemhrokshire,
L. R. 7 Q. B. D. ol3.
» 2 Lev. 140.
?
■I
i'l'
6% DUTIES OF COROXKRS.
But in some cases it is hard to say ivhat lapse
of time would destroy all information which might
be obtained by disinterring the body. For instance
in cases of poisoning, or when identification is
important and there is any fracture of bones/ false
teeth cfec.'^
A coroner is not justified in delaying the inquest
upon a dead body in a state of decomposition for so
long a period as five days, in order that the body
may be identified and buried and registered under
the right name, and the mere fact that it has been
placed in a mortuary can make no difference.^
A coroner is guilty of an indictable offence in
taking a sum of money for not holding an inquest.
Whether he has any pretense for holding the
inquest or not, he is equally criminal in having
extorted money tc refrain from doing his office.^
If a coroner inserts in the inquisition a material
fact not found by the jury, he may be indicted for
forgery.^
By Stat. 1, Hen. VIII., justices of assize and
justices of the peace within the county have power
to inquire of, and punish the defaults of coroners.
In their ministerial character coroners are liable,
like sheriffs in actions of debt, for an escape,*^ case
1 It will be remembered that in the case of Dr. Livingstone after his
body was brought to the coast by a long journey from the interior of
Africa, and then by ship to England, its identity was considered proved
by a peculiar and unusual false joint known to exist in one of his arms,
the result of a fracture received in an encounter with a tiger.
- See remarks on p. 18, and in c. 12, s. 1.
» In Re Hull L. R. 9 Q. B. D. 689.
*Itex V. Harrison, 1 East P. C. 482.
» 3 Salk. 172.
« 3 Lev. 399 ; 6 Mod. 37.
DUTIES OF CORONERS. 53
for a false return,^ or by attachment/^ according to
the circumstances of the case, and generally, if
coroners misconduct themselves in the execution
of any writ, warrant or process, entrusted to them ;
or wilfully and without the consent of the person
in whose favour the writ, warrant or process was
issued, make any false return thereof, they are
guilty of an indictable offence and liable to be
lined and imprisoned,^ and by an Ontario statute,*
they shall answer in damages to any party ag-
grieved by such misconduct or false return.
Coroners cannot, when acting ministerially,
directly or indirectly, purchase any goods or chat-
tels, lands or tenements, exposed to sale by them
under execution.^
Coroners entrusted with the execution of any
writ, warrant or process, mesne or final, who wil-
fully misconduct themselves in the execution of
the same, or wilfully make any false return to such
writ, warrant or process, unless by the consent of
the party in whose favour the process may have
issued, shall, upon conviction thereof before a
court of competent jurisdiction, be liable to line
and imprisonment in the discretion of the court,
and shall answer in damages to any party aggrieved
by such misconduct or false return. °
In Nova Scotia, coroners who do not make a
return in triplicate of the inquests held by them,
' Freem. 191.
- 2 Bl. 911, 1218.
3 55-56 V. c. 29, a. 143 Can.
*R. S. O. c. Iti. SB. 28, 29.
«E. S. O. c. 16,88. 27, 29.
« R. S. O. c. 16, 83. 28, 29.
64 Dl'TlES OF COROXERS.
together with the findings of the juries to the office
of the provincial secretary, on or before the 10th
of January in every year, are Hable to a penalty of
$20.^ And coroners and others who fail to comply
with the provisions of E. S. N. S. c. 8, s. 24, are
guilty of an offence against that Act.^
In New BrunsivicTx, the only penalty prescribed
by statute for a coroner's neglect in immediately
returning the evidence and inquisitions to the clerk
of the peace is, that he shall not be paid his fees
until the return is made.^ No statutory penalty is
provided for neglect in making the yearly returns
to the provincial secretary, but for not taking the
declaration required before issuing his warrant for
the jury, the coroner forfeits his fees altogether.*
In Prince Edward Island, coroners who do not
make their proper returns in cases of homicide are
liable to pay such fine as the court to whose officer
the returns should be made, shall think meet.*^
In British Golumhia, there is no statutory
penalty prescribed for a coroner's neglect in making
returns of inquests held by him.°
In Manitoba, coroners forfeit their fees for all
inquests held without making the declaration re-
quired before issuing the warrant for the jury.'
In The North-West Territories, there is no sta-
tutory penalty for not making returns of inquests.
1 R. S. N. S., 5th series, 1884, c, 17, s. 8.
- The provisions here referred to will be found in their proper places
throughout this work.
3 49 V. c. 27 N. B.
«52V. c. 14, ss. 1,3N. B.
» See Acts of 1836, P. E. I. _ - -
«51 V. c. 24, a. 17, B.C.
7R. S. Man. c. 32, 3. 5. -^
[i..
DUTIKH OF VOROyEltS. 55
In Keeiuatin, there is no statutory penalty for
not making returns, but such returns as the Lieut. -
Governor directs to be made are required to be
made by R. S. C. c. 53, s. 27.
In ManitoKlin, the law is the same as in the
rest of the provinces of Ontario.
In Neivfoundlajid, any person takinf? greater
fees than prescribed by law for each offence forfeits
the sum of ^60.^
Sec. 2.— to BE REMOVED.
If a coroner is convicted of extortion, wilful
neglect of his duty, or misdemeanour in his office,
the court before whom he is so convicted has power,
under 25 Geo. II. c. 29, to adjudge that he be
removed from his office. Or a coroner may be re-
moved by being made a sheriff, or by the Queen's
writ De coronatore exonerando,^ for a cause therein
assigned.^
It was held in England that the Great Seal has
powers independently of the 25 Geo. II. c. 29, to
remove coroners from their office for neglect of
duty."
Confinement in prison out of the county is a
sufficient ground for the removal of a coroner from
his office, although during his absence another
coroner of the same county has performed his
duties.'^
152 V. C.-25, s. 31, N. F.
^SeeForm, No. 7.
»Jer. O. C. 94.
■» Ex parte Parnell, 1 J. & W. 451 ; Ex parte Pasley, 3 D. il- W. 34 (Ir.).
« £x parte Parnell.l J. & W. 451.
^® DUTIES OF CORONERS.
Sec. 3.— foe THE ACTS OF CO-CORONERS.
The default of one coroner, when ^Qimgjudici-
alh/, will not render his co-coroner liable; but
when coroners act ministerially, it is said they are
all responsible for each other's acts civilly, although
not criminally.^
1 1 Mod. 198 ; 2 Mod. 23 ; Freem. 91.
or TIES OF COROXHRff. 57
PART II.
THEIR OFFICE AND DUTIES IN PARTICULAR.
CHAPTER I.
OF OFFEXDERS.
Sec. 1.— who MAY COIVIMIT CRIMES-INFANTS 57
" 2 —PERSONS NON COMPOS MENTIS 58
1. DEMENTIA NATURALIS 59
2. DEMENTIA ACCIDENTALIS 59
3. DEMENTIA AFFECT ATA 00
" 3.— PERSONS IN SUBJECTION TO POWEROF OTHERS. 60
" 4.-IGN0RANCE (52
'! 5.— MISFORTUNE (52
Sec. 1.— who MAY COMMIT CRIMES.
The consent of the will is the great criterion by
which to judge of the criminality of actions ; hence
where there is no will there ought not to be any
liability. Five heads contain all the causes which
the law recognizes as exempting, in part or in
whole, from liability by reason of defect in the
will.^
. INFANTS.
Under seven years, no person can be convicted
of an offence by reason of any act or omission of
such person.'-^
Between the ages of seven and fourteen, the
presumption of law is that the infant is not capable
of a mischievous discretion ; but this presumption
'1 H. p. C. 14.
- 55-56 V. c. 29, 8. 9, Dom.
58 Dl'TlllS Of VOhOXERS. '
can be rebutted by strong evidence of his capacity
to jud',e between good and evil.^
If, therefore, circumstances of inahce be proved
to the satisfaction of the jin-fj, and that the accused
is competent to know the nature and consequences
of his conduct, and to appreciate that it was wrong,
an offender between seven and fourteen years of
age may be convicted and punished for a capital
crime. ^ Persons over fourteen are jjiima facie
responsible for all their acts,'' and cannot escape
punishment except they are shown to come under
one of the other heads of exemption.
Skc. 2. -PERSONS NON COMPOS MENTIS.
The second class of persons who are not
responsible for their actions by reason of want of
will is the insane. All persons at the age of dis-
cretion are presumed by law to be sane, and, unless
the contrary is proved, are accountable for their
actions; and if a lunatic has lucid intervals, the
law presumes the offence of such a person to have
been committed in a lucid interval, unless it ap-
pears to the contrary.*
No person can be convicted of an offence by
reason of an act done or omitted by him, when
labouring under natural imbecility or disease of the
mind, to such an extent as to render him incapable
of appreciating the nature and quality of the act
or omission, and of knowing that such act or
1 4 Com. 23 ; 55-56 V. 29, s. 10, Dom.
2 1 H. P. C. 25, 27 ; 4 Com. 23 ; 55-56 V. c. 29, s. 10, Dom.
n H. P. C. 25.
* 1 Hale, 33, 34 ; 55-56 V. c. 39, s. 11, Dom.
DUTIES OF VOJiOX£J:S. 59
omission was wrong ; and a person labouring under
specific delusions, but in other respects sane, shall
not be acquitted on the ground of insanity, unless
the delusions caused him to believe in the exist-
ence of some state of things which, if it existed,
would justify or excuse his act or omission.^
Those who are defective in the understanding
and are over the age of discretion, are divided into
three heads : — 1. Dementia naturalis, idiotcy or
natural fatuity. 2. De?ne?itia accidentalis, adven-
titious insanity. 3. Dementia affectata, acquired
madness.
1. Idiotcy or natural fatuity. An idiot is a
fool or madman from his birth, without any lucid
intervals. The deaf and dumb who cannot dis-
tinguish right from wrong are by presumption of
law idiots, and are not answerable for their actions,
but this presumption may be rebutted by strong
evidence of understanding. Owing to the humane
and successful efforts which have of late years been
made to instruct this unfortunate class of persons,
many of them have been raised from a state of at
least legal idiotcy to one of high intelligence, and
are in consequence responsible for their actions.^
The question of idiotcy is one of fact to be decided
by the jury, but every one is presumed to be sane
at the time of doing or omitting to do any act
until the contrary is proved.^
2. Adventitious insanity may be either j;arfirt/,
its victim being insane on only one subject, or
1 55-56 V. c. 29, b. 11, Dnm,
"• 1 Hale, 34 ; 55-56 V. c. 29, ss. 7, 11, Dora.
^ Bac. Abr. Idiots (A.) Bro. Idiots 1 ; 55-56 V. c. 29, s. 11, s. -s. 3, Dom.
60 DUTIES OF COROXEHS.
total, permanent (usually called madness) or tem-
porary (the object of it being afflicted with the dis-
order at certain periods and under certain circum-
stances only), commonly called lunacy.^ While
labouring under this disorder, no one is criminally
responsible for his actions;'^ although a partial
aberration of intellect which does not prevent the
party from distinguishing right from wrong will
not excuse his guilt.'' Cases of much difficulty
sometimes arise with this class of persons.
Under this head may also be classed persons
rendered non compos by a disease, as fever or palsy,
or from concussion, or injury to the brain, etc.
3. Acquired madness arises from drunkenness
or the administration of something which produces
frenzy. Voluntary drunkenness is no excuse for
crime, but on the contrary, aggravates it.* Still
the insanity caused by a habit of intoxication
excuses from punishment.'' Intoxication, too, may
be considered as a circumstance tending to show
a want of premeditation. °
Sec. 3— persons IN SUBJECTION TO POWER OF OTHERS.
Persons who do acts in obedience to existing
laws or from the coercion of those under whom the
• " In other cases reason is not driven from her seat, but distraction
sits down upon it alonj^ with her, holds her trembUng upon it, and
frightens her from her propriety." — Erskine's Speech in defence of Had-
lield, vol. 4, p. 12(), 3rd ed., by Rigway ; and see the nice distinctions
therein drawn with regard to insanity.
24 Rep. 125 Bac. Abr. Idiots (A).
3 1 H. P. C. 30; 55-56 V. c. 2'J, s. 11, Dora.
" 1 H. P. C. 32 ; Co. Litt. 247
» 1 H. P. C. 32.
« I Russ. s. 7 ; C. & P. 817, 207, 145. But seeRoscoe's Cr. Ev. 637.
hi THIS (>/•• ionoXKIiS. 61
private relations of society place them in subjection,
are in many cases excused from the consequences
of criminal misconduct. The classes of these
persons usually requiring to be noticed are married
women, children and servants. When the husband
was actually present while the wife committed
some crimes, the law presumed she was acting
under his coercion ;^ but this presumption ceased
on 1st July, 1893, on which day the new criminal
code came into force. By that statute it is enacted
that no presumption shall be made that a married
woman committing an offence, does so under com-
pulsion, because she commits it in the presence of
her husband.^ But if it is proved on her behalf
that the offence was really committed by compul-
sion of her husband, who is present when the
crime is committed, the wife will still be excused
if she commits a crime not of a heinous character.'^
This protection also extends to children, servants
and all other persons, as well as wives, who, under
compulsion by threats of immediate death, or
grievous bodily harm, from a person actually
present at the commission of the offence, if the
accused is subject to such threats and believes
such threats would be executed ; and who is not a
party to any association, or conspiracy, the being
a party to which rendered him subject to compul-
sion. This protection will not apply to acts of
treason as defined in the first five paragraphs of
section sixty-five of the code, nor to murder,
' 1 H. p. C. 45, 47, 48, 516 ; 4 Bla. Com. 29.
-55-56 V. c. 29, a. 13, Dom.
^ Murder and homicide are crimes of a heinous character.
62 DUTIES OF COROXKRS.
piracy, offences deemed to be piracy, attempting
to mnrder, assisting in rape, forcible abduction,
robbery, causing serious bodily harm, and arson.^
SEC. 4.— IGNORANCE.
Ignorance of the law is no excuse for crime,
even in foreigners residing in Canada.^ Ignorance,
or mistake, of fact, may excuse in some cases, as
where a man kills one of his own family in mistake
for a burglar.'*
SEC. 5.— MISFORTUNE.
If a person be doing anything unlaivfid, and a
result ensue which he did not intend (as the death
of another), the want of foresight is no excuse ;
but if accidental mischief follow from the perform-
ance of a laioful act, the party is excused from
guilt.''
' 55-56 V. c. 29, s. 12, Dom.
- 7 C. & P. 456; 1 H. P. C. 42 ; 56-56 V. c. 29, s. 14, Dom.
n H. P. C. 42-43 ; 4 Bla. Com. 27.
* 4 Bla. Com. 27 ; 55-56 V. c. 29, s. 7, Dom.
lii'TlES OF VOROSKIIS. 68
CHAPTER II.
OF PARTIES AND ACCESSORIES.
SEC. 1.— PARI E8 TO COMMISSION OF OFFENCES 68
" 2.— ACCESSORIES BEFORE THE FACT (iO
" 3.— ACCESSORIES AFTER THE FACT ()6
SEC. 1.— PARTIES TO THE COMMISSION OF OFFENCES.
Every one is a party to and guilty of an offence
who : —
{a) actually commits it ; or
(6) does or omits an act for the purpose of aiding
any person to commit the offence ; or
(c) abets any person in commission of the offence ;
or
{cT) counsels or procures any person to commit
the offence.
And if several persons form a common intention
to prosecute any unlawful purpose, and to assist
each other therein, each of them is a party to every
offence committed by any one of them in the pro-
secution of such common purpose, the commission
of which offence was, or ought to have been known
to be a probable consequence of the prosecution of
such common purpose.^
And every one who counsels or procures another
to be a party to an offence of which that other is
afterwards guilty, is a party to that offence, although
it may be committed in a w^ay different from that
^ 55-56 V. c. 29, s. 61, Dom.
■6i4| DUTIES OF COROXKRS.
which was counselled or suggested. And every
one who counsels or procures another to be a party
to an offence, is a party to every offence which that
other commits in consequence of such counselling
or procuring, and which the person counselling or
procuring knevv or ought to have known to b& likely
to be committed in consequence of such counselling
or procuring.^
Every one who having an intent to commit ar
offence does, or omits an act for the purpose of
accomplishing his object, is guilty of an attempt to
commit the offence intended ; whether under the
circumstances it was possible to commit such
offence or not. The question whether an act done
or omitted with intent to commit an offence is, or
is not only preparation for the commist^ion of that
offence, and too remote to constitute an attempt to
commit it," is a question of law, and is to be decided
by the juage or coroner, and is not one of fact to
be left to the jury.^
The offence need not of neces-^ity be consum-
mated in jjiesenceoi the aiders and abettors, provided
they are present assisting at its cause. For
instance, if poison be laid for a man, those present
and concurring in laying it are all guilty of the
offence, although absent when the poison is taken.-'
The participation of aiders and abettors is either
from a combination to commit the offence itself, or
arising out o^ a combination to resist all oppof.ers
' 55-56 V. 0. 29, 8. 62, Dom.
= 55-56 V. c. 29, s. 64, Dom.
■ Fost. C. L. 349 ; Kel. 52.
DUTIES OF COROXERS. 65
to the prosecution of some other unlawful pur-
pose. ^
Those who, being absent at the time of the
offence committed, do yet procure counsel, com-
mand or abet another to commit an offence are
guilty of the offence.'^ The procuring is either
direct, by hire, counsel, command or conspiracy;
or indirect, by shewing an express liking, approba-
tion or assent to another's felonious design of
committing an offencj.'' But he who barely con-
ceals an offence to be committed is guilty only of
misprison of felony.*
Those who procure the commission of an
offence, though by the intervention of a third party
with whom they have no communication, are
guilty of the offence.^
If a man advise a woman to kill her child so
soon as it is born, and she do so in pursuance of
such advice, he is an accessory to the murder,
though no murder could have been committed at
the time of the advice.^
The act must be the probable result of the evil
advice, and not substantially different from that
advised. The test question, according to Mr.
Justice Foster, being : " Did the principal commit
the f'^lony he stands charged witl under the influ-
ence of the flagitious advice, and was the event, in
' 2 Hawk. p. C. c. 29, s. 9.
-1 H. P. C. Glo.
•■'2 Hawk. P. C. c. 29, 8. 1.5.
* 2 Tawk. P. C. c. 29, e. 23.
n Post. C. L. 125; 19 How. St. Tr. 746, 748, 80t ; 5 C. & P. 535;
55-56 V. c. 29, sa. 61, 234, Doro.
« 2 Hawk. P. C. c. 29, s. 18; Dyer, 168; 55-56 V. c. 29, as. 61,
234, Doir.
B. -6
66 DUTIES OF CORONERS.
the ordinary course of things, a probable conse-
quence of that felony ; or did he, following the
suggestions of his own wicked heart, wilfully and
knowingly commit a felony of another kind, or
upon a different subject."^
To manslaughter, it being sudden and unpre-
meditated, there can be no accessories before the
fact.^
An accessory cannot be guilty of a higher crime
than his principal.^
SEG. 2— ACCESSORIES BEFORE THE FACT.
" Accessories before the fact," since the crimi-
nal code came into force (July 1st, 1893), are
unknown to the law by that expression, being now
included under " Parties to the commission of
offences."
SEC. 3— ACCESSORIES AFTER THE FACT.
Accessories after the fact are not to be inquired
of by coroners, as their duties are confined to
ascertaining the cause Oi. death.
1 Foat, C. L. 372.
2 1 H. P. G. 347, 45r 6. Erie, J., in R. v. 'iaylor. Dears <fe B., C.
C. 288, said lie thought Lord Hale was hert B];-3akinrj of manslaughter
per infortunium and se defendendo only.
33 Inst, 139.
DUTIES OF CORONERS. 67
CHAPTER III.
OF CRIMES WHICH COME UNDER THE NOTICE OF CORONERS.
SEC. 1.— OF FELO DE SE 07
1. DEFINITION 67
2. PRACTICAL REMARKS 68
" 2.— OF MURDER 70
1. DEFINITION 70
2. PRACTICAL REMARKS 72
*' 8 -INFANTICIDE 90
1. WHEN IS A CHILD BORN ALIVE 91
2. THE HYDROSTATIC TEST 95
3. OF THE UTERINE AGE OF A CHILD 06
4. MONSTROSITIKS 97
5. LEGAL POINTS 98
6. CAUTIONS 100
7. EVIDENCE 103
" 4.— MANSLAUGHTER 105
1. DEFINITION 105
2. PRACTICAL REMARKS 105
" 5.— HOMICIDE WHICH IS NOT CULPABLE 107
1. PER INFORTUNIUM 107
(1) DEFINITION 107
(2) PRACTICAL REMARKS 108
2. SE ET SUA DEFENDENDO 108
(1) DEFINITION 108
(2) PRACTICAL REMARKS 109
3. JUSTIFIABLE HOMICIDE 110
(1) DEFINITION 110
(2) PRACTICAL REMARKS 110
SEC 1— OF FELO DE SE, OR SUICIDES.
1. Definition. — A Felo tie se is one who, being
of the age of discretion and compos mentis, kills
himself or commits some u.ilawful act the conse-
quence of which is his own death. ^
' 1 Hal. P. C. 30, 4] 1 ; 1 Hawk. P. C. c. 27, ss. 1, 4.
68 DUTIES OF CORONERS.
2. Practical Bemarhs. — It is not necessary that
there should be an mtention to commit self-murder
to constitute this offence, provided there is an
intention to do an unlawful act ; for if one attempts
to murder another and unintentionally kills himself,
he isfelo de se}
If two persons agree to die together, and one
is persuaded by the other to buy poison, which
both take, and the one who bought it survives and
the other does not, the one who dies is felo de se}
But if one desire or command another to kill him,
the person killed is not felo de se, for his assent
being against the laws of God and man is void.^
The person must die within a year and a day of
the commencement of the cause of death, the
whole day upon which the hurt was done being
reckoned the first, to constitute the offence oifelo
de se.*
As many persons look upon all suicides as
deranged, coroners should caution the jury against
being influenced by such a notion.^
A lunatic who kills himself during a fit of lunacy
is not felo de se, but if he kills himself in a lucid
interval he iafelo de se.^
An ignominious burial and forfeiture of property
of the felo de se has been considered the appro-
priate means of deterring others from a like offence/
' 1 Hawk. p. C, c. 27, a. 4.
" Moor, 754 ; 1 Hawk. P. C, c. 27, b, 6.
»2 Hawk. P. C.,c. 27, s. 6.
*H. P.O. 411.
•Jer. 142.
« 1 Hal. P. C. 412.
'Jer. 143.
DUTIES OF CORONERS. 69
The burial, according to the rules of the Church
of England, must be without the Christian rites of
the Church, as the Rubric directs that the office
for the burial of the dead " is not to be used for
any who have laid violent hands upon themselves."
It seems that the body ought to be buried with a
stake driven through it, in some public street or
highway, in accordance with the ancient custom
in England before 4 Geo. IV. c. 52, by which
statute coroners were forbidden to issue warrants
directing the interment of suicides in any public
highway ; and directing a private interment, with-
out any stake being driven through the body, in
the churchyard or other burial ground, within
twenty-four hours from the finding of the inquisi-
tion, and between the hours of nine and twelve at
night, and then by 45-46 V. c. 19, the remains of a
suicide were ordered to be buried as if the verdict
of ;felo de se had not been found. These statutes
are not in force in Ontario, and we must conse-
quently be governed by the more barbarous law
previously existing, unless coroners are willing to
depart from their strict duty, and issue process for
the remains to be buried according to the less
severe provisions of the English enactments — a
departure from duty which would have the sanc-
tion of humanity to support it. The Ontario law
in this respect calls for amendment.
The forfeitu'^e oifelo at se of land and chattels
has been abolished in Canada by 55-56 V. c. 29, s.
965 (D.). And the same x\ct also abolishes all other
forfeitures for any indictable offence in Canada.
70 DUTIES OF CORONERS.
And in England the forfeiture of goods and chattels
of ii felo de se was abolished by 83-34 V. c. 23.
In Nova Scotia, New Bnniswick, Prince
Edward Island, The North-West Tei^ritories and
Keewatin, the law as to felo de se is the same as
in Ontario.
In Manitoba a statute has been passed which
enacts that coroners are not to direct the burial of
any body in any public highway, but in cases where
upon inquisition the jury find that the death was
by suicide, the coroner is to direct private inter-
ment without any stake being driven through the
body, in the churchyard or other burial ground,
within twenty-four hours from the finding of the
inquisition.^ In other respects the law as to felo
de se is the same as in Ontario.
In British Columbia, where the law of England
was adopted as from the 19fch November, 1858, the
English statute of 4 Geo. IV. c. o2, will govern as
to the burial of suicides {see p. 69), being the same
law as in Manitoba, except that the burial must be
between the hours of nine and twelve at night.
Sec. 2.— of MURDL'R.
1. DcfDiition. — Homicide is either culpable or
not culpable. It is culpable when it consists in
the killing of any person, either by an unlawful
act, or by an omission, without lawful excuse, to
perform, or observe, any legal duty ; or by both
combined, or by causing a person, by threats or
fear of violence, or by deception, to do an act which
R. S. M. c. 15, B. 19.
DUTIES OF CORONERS. 71
causes that person's death, or by wilfully frighten-
ing a child or sick person. Culpable homicide is
either murder or manslaughter. Homicide which
is not culpable is not an offence. Culpable homi-
cide is murder in each of the following cases : — ■
{a) If the offender means to cause the deatli of
the person killed ;
{h) If the offender means to cause to the person
killed any bodily injury, which is known to the
offender to be likely to cause death, and is reckless
whether death ensues or not.
(c) If the offender means to cause death or^
being so reckless as aforesaid, means to cause such
bodily injury as aforesaid, to one person ; and by
accident or mistake, kills another person, though
he does not mean to hurt the person killed ;
{d) If the offender for any unlawful object, does
an act which he knows, or ought to have known, to
be likely to cause death, and thereby kills any
person ; though he may have desired that his
object should be effected without hurting any
one.^
Culpable homicide is also murder in each of the
following cases, whether the offender means or not
death to ensue, or knows or not that death is
likely to ensue : —
(a) If he means to inflict grievous bodily injury
for the purpose of facilitating the commission of
any of the offences hereafter mentioned, or the
flight of the offender upon the commission, or
' 65-56 V. c. 29, ss. 220, 227, Can.
72 DUTIES OF CORONERS.
attempted commission, thereof, and death ensues
from such injury ; or
{h) If he administers any stupefying, or over-
powering thing, for either of the purposes afore-
said, and death ensues from the effect thereof ; or
(c) If he by any means wilfully Suops the breath
of any person, for either of the purposes aforesaid,
and death ensues from such stopping of the breath.
The following are the offences referred to in the
three last paragraphs, viz.: —
Treason and the other offences mentioned in
Part IV of the Criminal Code 1892, sections 65 to
78, piracy and offences deemed to be piracy, escape
or rescue from prison, or lawful custody, resisting
lawful apprehension, murder, rape, forcible abduc-
tion, robbery, burglary and arson. ^
Culpable homicide which would otherwise be
murder, may be reduced to manslaughter by certain
provocations, for which see j^ont page 77.
Before the Criminal Code 1892 came into force
the definition of murder was : " The unlawful kill-
ing by a person of sound memory and discretion,
of any reasonable creature in being, and under the
Queen's peace, by any means, with malice afore-
thought either expressed or implied. '"*
2. Practical Beviarhs. — In consideving the gen-
eral definition of murder, several things are to be
noticed. The jierson committing the crime must he
a free age?it, and of sound memory and discretion,
i. e., he must not come within any of the classes
» 55.5(5 V. c. 29, s. 228.
' 3 Inst. 47.
DfTi/js or <-<)fii>\/:i!S. 78
of persons exempt from responsibility, before enu-
merated. Next — 'The Jcillim/ must be uulawfid.
Consequently, when a criminal is executed by the
proper officer, in pursuance of his sentence, this ia
justifiable homicide. But if done by any other
person, or not accordinj^ to the sentence, as by
beheading when the sentence was han^Mug, it is
murder. Officers of justice, gaolers and their
officers, and others acting under authority, are
protected in the proper execution of iheir duties ;
yet if they wilfully exceed the limits of their
authority without just cause, and death follow, the
law implies malice, and considers them guilty of
murder. If they are resisted in the legal execution
of their duty, they may repel force by force, but
they must not kill where no resistance is made, or
after the resistance is over, and time has elapsed
for the blood to cool.
For the protection which the law extends to
persons authorized to arrest or assist in arrestmg
offenders, or to prevent the escape of prisoners
after being arrested, see Part II. sections 1(3 to 37
of the Criminal Code, 1892.
The Lieut. -Governor of any province in Canada
may, from time to time, make regulations for the
purpose of preventing escapes, and preserving dis-
cipline in the case of prisoners in any common
gaol, employed beyond the limits thereof, and
prisoners properly employed on works without the
central prison for the province of Ontario, are sub-
ject during such employment to all the rules and
regulations and discipline of such prison, so far as
74 DUTIES OF conoyKRs.
the same are applicable, and also to such other
regulations for the purpose of preventing escapes,
and otherwise, as are approved by the Lieut. -
Governor in that behalf.^ Under the regulations
made in pursuance of this latter authority it will
be remembered that the prisoner Robert Scott was
lawfully shot by a guard while attempting to
escape from the Ontario Central Prison.
Procuring by false evidence the conviction and
death of any person by the sentence of the law is
not homicide.^
No one is criminally responsible for the killing
of another by any inlluence on the mind alone, nor
for the killing of another by any disorder, or dis-
ease arising from such inlluence, save in either
case by wilfully frightening a child or sick person.^
Every one who, by any act or omission, causes
the death of another, kills that person, although
the eifecf, of the bodily injury caused to such other
person be merely to accelerate his death while
labouring under some disorder or disease arising
from some other cause. ^
Every one who, by any act or omission, causes
the death of another, kills that person, although
death from that cause might have been prevented
by resorting to proper means. ^
Every one who causes a bodily injury, which is
of itself of a dangerous nature, to any person, from
which death results, kills that person, although
J K. H. C. c. 1B3, ss. S, 23.
=< 55-56 V c. 2'.), a. 221, Can.
»55-5C v. c. 29, 8. 223, Clin.
* 55-50 V. c. 29 s. 224, Can.
"So-of) V. c. 29, s. 225, Can.
DUTIES OF VOROXERS.
75
the immediate cause of death be treatment, proper
or improper, applied in ^ood faith. ^
The penon killed must be a reasonable creature
in being, a7id under the Queen's peace. Onthiws or
ahens, bein^,' under the Queen's protection, may be
the subjects of this offence. KiHing an alien enemy
in the time of war is not murder.*^ The person
killed must be m being ;''^ therefore a child in ventre
sa mere cannot be the subject of murder. But if
the child be born alive, and afterwards dies from
potions or injuries received while in the womb, it
is murder in such as administered or gave them.*
The legal and other questions connected with in-
fanticide being of much importance to coroners, a
section is devoted to their consideration alone, to
which the reader is referred for additional informa-
tion on the subject. See section 3.
The hilling may be bg ang unlawful means. —
The means and mani.er of death are immaterial^
provided there is a corporal damage to the party .°
With this exception to the proviso that if the
party is a child, or sick person, and is wilfully
frightened to death, the offence is culpable homi-
cide, and may amount to murder. °
The means need not obviously tend to cause
death, provided they apparently endanger life, and
155-56 v. c. 29, 8. 226, Can.
2 3 Inst. 50 ; 1 H. P. 0. 433.
^For the definition of when a child beqomea a human being within
the pi-ovisiona of the Criminal Code, see pout, and 55-56 V. c. 29, B.
'2111, Dom.
* 1 Hawk. P. C. c. 31, s. 16 ; Jer. 151.
^ Jer. 152 ; 55-56 V. c. 29, ss. 220, 223, Dom.
« 55-56 V. c. 29, ss. 220, 223. Can.
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76
DUTIES OF COROSERS.
do ultimately occasion death, and are wilfully
committed.^ Hence, carrying a sick person against
his will, in a severe storm, from one town to an-
other, by reason whereof he died, has been held to
be murder.^ Murder may also be committed by
means of an innocent agent as by persuading a
lunatic to kill another person, or by purposely
turning loose a furious animal with a knowledge of
its disposition.^ If a physician or surgeon intend-
ing to do his patient good unfortunately kill him,
this is only homicide by misadventure ; * and it
makes no difference whether the party be a regular
physician or surgeon or not, if he act honestly and
use his best skill to cure." A medictil practitioner
must be guilty of criminal misconduct arising from
the grossest ignorance or most criminal inatten-
tion, to render him guilty of manslaughter f and a
person acting as a medical man or surgeon, whether
licensed or not, is not criminally responsible for a
patient's death, unless his conduct shows gross
ignorance of his art, or gross inattention to his
patient's safety.'^ The consent of the party killed
does not extenuate the crime, such consent being
merely void f one who kills another by his desire,
2 Mood. C. C. 120 ; 9 C. & p. 356.
1 Hale, 429.
U E. P. C. 225.
a 1 E. P. C. 225.
MBla. Com. 197;
* 4 Bla. Com. 197 ;
» 1 Hale P. C. 429.
8 3 C. & P. (535.
" 1 liusR. 497 ; and the following is the language of the Canada
Criminal Code (55-56 V. c. 29, s. 57, Dom.) : " Every one is protected from
criminal responsibility for perforriiiiig with reasonable care and skill any
flurgical >jieration upon any ptjrson for his benefit, provided that per-
forming the operation was reasonable, having regard to the patient's
state at the time, and to all th(i circumstances of the case.''
8 55-56 v. c. 29, s. 59, Dom
^
^
DUTIES OF COIiOXERS.
77
or persuades another to kill himself, is a mur-
derer.^
There must be malice aforethought. This
malice may be express and apparent, from the act
being done with a deliberate mind, evinced by
external circumstances ; or it may be implied from
the nature of the act or the means used, without
any direct enmity being proved, as where one kills
^notlier on a sudden, without any considerable
provocation, the law implies malice.'^ So if a man
deliberately strike another with a murderous instru-
ment, without a sufficient cause, malice will be
presumed. If the act intended to be done is
founded in. malice, the act done, although done by
accident, in pursuance of that intention, follows
its nature.^ Hence if a man attempt to kill another,
and accidently kill himself, he is felo de se)'^ or if
in attempting to procure abortion death ensue, the
person killing is guilty of murder.^
Although malice is presumed in every case of
horr.icide, it may be rebutted by the accused shew-
^^s ;
(1) There tvas ])rovocation. — To clear himself of
homicide, which would otherwise be murder, the
accused must prove —
(i) That the provocation was of a description
of which he was conscious.
(ii) That it was unsought for, and was the
immediate cause of the act.
• 1 Hawk. p. C. c. 27, 8. 6.
« Jer. 101 ; Impey, 501.
»1 E. P. C. 230.
* 1 Hawk. P. C. c. 27, 8. 4. , .^ •.
' »1 E.P. C. 230.
78 DUTIES OF COIiOXKRS.
(iii) That the act was committed in the heat of
passion caused by sudden provocation. Any wrong-
ful act, or insult, of such a nature as to be sufficient
to deprive an ordinary person of the power of self-
control, may be provocation if the offender acts
upon it on the sudden, and before there has been
time for his passion to cool. Whether or not any
particular wrongful act or insult amounts to provo-
cation, and whether or not the person provoked
was actually deprived of the power of self-control
by the provocation which he received, are questions
of fact to be decided by the jury and not by the coro-
ner. No one can be held to give provocation to
another by doing that which he had a legal right
to do, or by doing anything which the offender
incited him to do, in order to provide the offender
with an excuse for killing, or doing bodily harm to
any person.'
An arrest will not necessarily reduce the offence
from murder to manslau^ht because the. arrest
was illegal, but if the illegality is known to the
offender it may be evidence of pro\ocation.*
(iv) That although the accused assaulted, or
provoked an assault from the other party, still he
used only such force under reasonable apprehension
of death or grievous bodily harm from the violence
of the person first assaulted, or provoked ; and in
the belief on reasonable grounds, that it was
necessary for his own preservation from death or
grievous bodily harir provided he did not com-
1 55-56 V. c. 29, s. 229, Can.
» 55-56 v. 0. 29, 8. 229, Can.
DUTIES OF coRoyEns.
70
mence the assault with intent to kill or do grievous
bodily harm, and did not endeavour at any time
before the necessity for preserving himself arose,
to kill or do grievous bodily harm. And provided
also, that before such necessity arose he declined
further conflict, and quitted or retreated from it as
far as was practicable.^
• (v) That the accused was unlawfully assaulted,
not having provoked such assault, and used only
such force as was necessary for the purpose of self-
defence, and that the death was caused under
reasonable apprehension of death, or grievous
bodily harm to himself, from the violence with
which the assault was originally made, or with
which, the assailant pursued his purpose, and he
believing, on reasonable grounds, that he could not
otherwise preserve himself from death or grievous
bodily harm.
Provocation within the meaning of this and the
last preceding excuse (Nos. 5 and 6) may be given
by blows, words or gestures.^
(2) That the 'party zvas killed in mutual combat.
And this excuse will only avail or extenuate th<-
offence where the occasion was sudden and unpre-
meditated, and not the result of preconceived
malice, and where the parties at the onset were on
an equal footing in point of defence. The quarrel
must not be a mere cloak for the purpose of grati-
fying a concerted malicious design.^
165-66V. 0. 29, s. 46, Can.
-55-56 V. c. 29, ss. 45, 46, Can. .
^Jer. 169. • •
80 DUTIES OF CORONERS.
Deliberate duelling is murder, both in the prin-
cipals and seconds, if death ensue ; ' and no pro-
vocation, however grievous, will excuse the
offender.''
If two persons quarrel, and agree to fight a con-
sidera])le time after, when the blood must have
cooled, and death follows, it is murder;' and it is
the same in all fights where the circumstances
shew that the parties do not commence in the heat
of passion.*
As boxing and sword-playing are unlaivful acts,
if either of the parties be killed, such killing is
felony or manslaughter ; and, in general, if death
ensues from any idle, dangerous and unlawful sport,
the slayer is guilty of manslaughter. To teach
and learn to box and fence are equally lawful.
They are both the art of self-defence ; but sparring
exhibitions are unlawful, because they tend to
form prize-fighters and prize-fighting is illegal.*
(3) That the kilhing teas occasioned by correction.
Parents, or persons in the place of parents, school-
masters, or masters, and other persons having
proper authority, may give reasonable correction,
under the circumstances, to any child, pupil or
apprentice under their care;* but the correction
must not exceed the bounds of moderation, either
in the manner, the instrument, or the quality of
UBla. Com. 199.
»3 East, 531; 1 H. P. 0.452.
n Hawk, P. C. c. 31, s. 32,
* 1 Lev. 180.
^Hiint V. Dell, 1 Bing. 1.
«1 E. P. C. 261 ; 65-56 V. c. 29, s. 55, Dom.
DUTIES OF COROXKRS.
81
the punishment ; or else, if death ensues, it will be
manslaughter, if not actual murder.^
(4) That the killing was without intention
ivhilst doing another act. If the act is being done
with an unlawful object, the killing which unin-
tentionally follows, is murder, unless the accused
did not know, and it was not imperative that he
should know, the act was likely to cause death. ^
And if the death ensue without nitention from
doing an act lawful in itself, with proper caution,
according to its nature, it is generally homicide
by misadventure.^
An important class of cases which often conies
under the notice of coroners is that of deaths caused
by negligent or wanton conduct, but without malice.
This class includes deaths arising from f'lrious
or careless driving, from racing, from the want of
competent skill to perform acts which the person
holds himself out as capable of performing, from
doing a duty imposed by law negligently, or omit-
ting altogether to perform such duty, from neglect
of ordinary precautions in the execution of lawful
occupations, and indeed arising from all accidents
which are the result of negligence, omission, or
wanton conduct in the performance of lawful acts.
If there is express malice discoverable in these
cases, or if there is such a wanton indifference
to the safety of others shown in them as to <^on-
stitute malice by implication, of course the killing
would be murder. But usually malice is wanting,,
1 1 H. p. C. 473.
. 2Fost C.L. aei ; 55-56 V. o. 29, a. 227, Dom.
»Jer. O. C. 176.
B.C.— 6
82 DUTIES OF COROXERS.
and then the circumstances of each case must
be considered to see if the offence is manslaughter
or accidental death. No more can here be done
than briefly to mention and illustrate the general
principles which govern these cases.
The broadest principle perhaps that can be laid
down as applicable to the whole class of cases is
this : if the circumstances indicate a wanton and
malicious disregard of human life, the killing may
amount to murder; if they indicate negligence
only, the killing will be manslaughter ; and if they
show an absence of even negligence, the killing will
then be merely by misadventure or accident. And
it seems that the death being partly caused by the
fault of the deceased will not lessen the offence.^
It seems also that the greatest possible care in
performing the act is not to be expected or re-
quired, but there should be such care taken as is
usual with persons in similar situations.^
While a person is expected to anticipate and
guard against all reasonable consequences, he is
noli expected to anticipate and guard against that
which no reasonable man would expect to occur. ^
In the case of carriers of passengers for hire
somewhat greater care may be required, for Hub-
bard, J., in Ingalls v. Bell, 9 Mete. 1, 15, is reported
to have said "that carriers of passengers for hire
are bound to use the utmost care and diligence in
the providing of safe, sufficient, and suitable car-
iPer Pollock, C.B., in R. v, Swindall, 2 C. & K. 230; and see 1 C. <fe
P. 320 ; 55-55 V. c. 29, Part XVIII. p. 93.
2 1 East. P. C. 263.
s Greenland v. Chapter, 5 Ex. 248.
DUTIES OF COROXKIiS.
83
riages, etc., in order to prevent those injuries which
human care and foresight can guard against ; and
that if an accident happens from a defect in the
coach, which might have been discovered and
remedied upon the most careful and thorough
examination of the coach, such accident must be
ascribed to nogligence, for which the owner is
hable in case of injury to a passenger, happening
by reason of such accident. On the other hiind,
where an accident arises from a hidden and internal
defect, which a careful examination would not dis-
close, and which could not be guarded against by
the exercise of a sound judgment and the most
vigilant oversight, then the proprietor is not liable
for the injury, but the misfortune must be borne
by the sufferer, as one of that class of injuries for
which the law can afford no redress in the form of
a pecuniary recompense."^
With rv'gard to accidents from driving, Gari jw,
B., said it is the duty of every man who drives any
carriage to drive it svith such care and caution as
to prevent, as far as in his own power, any accident
or injury that may occur. ^
A person driving a cart at an unusually rapid
pace, drove over a man and killed him, and it was
held manslaughter, though he called to the de-
ceased to get out of the way, and he might have
done so if he had not been in a state of intoxica-
tion.^
If a person drives carelessly, and runs over a
child in the street, if he sees the child and yet
1 Readhead v. Midland R. IF. Co., L. R. 2 Q. B. 412 ; 4 Q. B. 379.
-R.\. Walker, 1 G.& P. 320.
3fl. V. Walker, 1 C. & P. 320.
84 DUTIES OF COROSER.\
drives over him, it is murder; if he does not see
the child, manslaughter , and if the child runs ovev
the way and it is impossible to stop before running
over him, it is accidental death. ^
What constitutes negligence in the case of
driving must depend greatly upon the circum-
stances of each particular case.^
Negligence is the omission to do something
which a reasonable man, guided upon those con-
siderations which ordinarily regulate the conduct
of human affairs, would do, or doing something
which a prudent r.nd reasonable man would not do.
Negligence includes two questions : (1) Whether a
particular act has been performed or omitted; (2)
Whether the performance or omission was a breach
of legal duty.^
As to accidents /ro?/i racing, the test questions
put to the jury in a case where death resulted
to a person on an omnibus from the driver racing
with another omnibus were these : Were the two
omnibuses racing ? And was the prisoner driving
as fast as he could, in order to get past the other
omnibus ? And had he urged his horses to so
rapid a pace that he could not control them?
Patterson, J., told the jury that if they were of
that opinion, to convict the prisoner of man-
slaughter.^
If a driver happens to kill a person, and it
appears he might have seen the danger, but did not
1 1 Hale, p. C. 476 ; Foster, 263.
■ Roscoe'a Or. Ev. 683.
^ Brown v. G. W. R. Co., 40 U. C. Q. B. 340.
* R. V. Timmim, 7 C. & P. 499. ^
UL'TIKS OF COnOXEHS.
85
look before him, it will be manslaughter for want
of due circumspection.^
The same rule applies to navigating a river as to
travelling on a road. If death ensues from too
much speed or negligent conduct in running a
vessel, it will be manslaughter, just as if caused
by furious driving or similar conduct on a public
highway.^
In order to convict the captain of a steamer of
manslaughter, in causing a death by running down
another vessel, some act of i)ersonal misconduct or
negligence must be shown. ^
With regard to persons practising medicine or
surgery, we have already seen* if they are guilty of
criminal misconduct, arising either from gross neg-
hgence or criminal inattention in the course of
their employment, and in consequbi'<ce death
ensues, it is manslaughter, and this whether they
are licensed or not.'^ In B. v. Long,^ Mr. Justice
Baylcy said, "It matters not whether a man has
received a medical education or not. The thing to
look at is, whether in reference to the remedy he
has used, and the conduct he has displayed, he has
acted with a due degree of caution, or, on the con-
trary, has acted with gross and improper rashness
and want of caution."
' Foster, 263.
*9 C. & P. 672. . '■
»7C. &P. 153.
■» See p. 76.
»3 C. & P. 635 ; 4 C. & P. 398 ; 6 C. & P. 333 ; Roscoa's Cr. Ev. 688,
€61, and cases there cited.
84 & P. 410.
8G DUTIES OF COliONKRS.
*
A chemist who negligently supplies wrong drugs,
in consequence of which death ensues, is guilty of
manslaughter.^
Spirituous liquors are sometimes the cause of
death without there being any intention of pro-
ducing so unfortunate a result on the part of those
causing them to be taken. In these cases, if they
are given to a child in a quantity quite unfit for its
tender age out of mere brutal sport, it is man-
slaughter.^ So also if a person njake another
excessively drunk with the view of carrying an
unlawful object into effect, and the party dies from
such drunkenness.^ But the simple fact of persons
getting together to drink, or one pressing another
to do so, and from which deatli ensues, will not be
manslaughter.'
Deaths from exposure, or the want of p^^oper
food and. necessaries are also included in the class
oi cases now under consideration. The neglect or
omission, without lawful excuse to supply food,
shelter, and other necessaries to wives, children,
servants, apprentices, prisoners, or aged and infirm
or other persons on the part of those who are under
legal obligation to s('> supply them, whether by law
or contract, or by the act of taking charge of them,
wrongfully or otherwise, and. in consequence of
which de. th ensues is manslaughter.^ And if the
1 1 Lewin, C. C. 16'J.
23 (J. ^, P. 211.
» 1 C. & Mars. 236.
n C. (t Mars. 236.
5 8 C. & P. 425 : and see 1 C. & K. tiOO ; 1 Den. C. C. R. 35() ; 3 C. &
K. 123; 2 C. & K. 343, 3G8 ; Pen^'e case, before Mr. Justice Hawkins
Sep., 1877; The Queen v. Imtan [1803], 1 Q. B. 450; 55-50 V. c. 29,
s. 220, Dora.
DUTIES OF COnoSERS.
87
ne^ijlect is wilful and deliberate, N\ith the intention
of brin^'ing about death or of caiisin",' grievous
bolily harm, it will even amount to murder.^ If
the parties accused are husband and wife, before
the latter can be convicted, it must be shewn that
the husband supplied suiiicient food, etc., and the
wife did not give it." Except in the case of
infants, when the mother is liable if the death was
caused by her not suckling the child when she was
capable of doing so.'' In which case it must be
alleged it was the prisoner's duty to supply the
child with food.^
In the case of dropping infant children at
doors, in streets, or on the highways and thus,
causing their death, the question is whether the
prisoner had reasonable ground for believing that
the child would be found and preserved. If she
had, the offeree will only be manslaughter.^
Where a gaoler knowing a prisoner, lodged in a
certain room in the prison, to be infected with
small-pox, confined another prisoner, against his
will, in the same room, and the latter prisoner who
had not had the distemper, of which the gaoler had
notice, caught it and died of it, it was held to be
murder in the gaoler.*^
If a gaoler knows a prisoner in his charge is
sick, and neglects or refuses to procure medical or
'1 East. P. C. 225. See Peiij^e case, before Mr. Justice Hawkins, in
England, Sep., 1877.
- 1 Ru88. 490 ; 7 C. & P. 277.
»8G. cfcP. 611.
^8 C. * P. 611,
"Carr & M. 164 ; see also 1 Den. C. C. R. 356; S. C L. J. M. C. 53.
8 2 Str. 856; Foster, 322; 1 Easi. P. C. 331.
88 DUTIES OF COROXEIiS.
other necessary assistance, in consequence of
which the prisoner dies, he will be guilty of man-
slaughter or murder, according to the apparent
necessity of the case, and the aniinus shown by the
gaoler.
But it is said where the death ensues from
incautious neglect, however culpable, rather than
froi^i any actual malice or artful disposition to
injure, or obstinate perseverence in doing an act
necessarily attended with danger, regardless of its
consequences, the offence will be reduced to man-
slaughter.^
The numerous deaths resulting from railivay
and steamboat traffic, machinerij of all kinds, jjois-
oning, and in fact resulting from all other causes
usually termed accidental, also come under this
class of cases, and are all governed by the principles
above referred to. But in these cases any wanton
neglect of the statutory provisions for the safety of
railway employees and the public,^ and of the Hail-
way Acts,'^ The Steamboat Inspection Act,^ The
Acts regulating the Sale of Poisons,^ The Acts for
the Protection of Persons employed in Factories,^
The Act respecting Compensation to Workmen,'
The Act respecting the Safety of Ships and the
Prevention of Accidents on board thereof,^ The Act
- 1 East p. C. 22G; 1 Ru88. 490.
2R. S. O. c. 212.
3 R. S. O. c. 170 ; 51 V. c. 20, Dom.
"R. S. C. c. 78.
»R. S. O.c. 151; 52 V.c. 25, Ont. . ■
•* R. S. O. c. 208 ; 61 V. c. 33, Ont.
" 55 V. c. 30, Ont.
8 R. S. C. c. 77.
DUTIES OF CORONERS. W9
respecting the Navigation of Canadian Waters/ The
Act respecting the protection of Navigable Wat-
ers/ The Act respecting Bridges/ The Act respect-
ing the improper use of Fire-arms and other
Weapons/ The Act respecting Explosive Sub-
stances/ The Act respecting Prize Fighting/ The
Street Kailway Act/ The Act regulating Trav-
elling on Highways and Bridges/ The Act respect-
ing the Use of Traction Engines on Highways/
The Act to regulate the Means of Egress from
Public Buildings/" The Act requiring Threshing,
Sawing and other Machines to be protected/^ and
of all other Acts of the various Provinces, or of
Newfoundland, of a similar character, ought to be
considered in determining the degree of guilt of the
persons by whose neglect or fault the deaths occur, .
and it should be borne in mind that ignorance of the
law is not an excuse for any offence. ^^
(5) That the hilling happened from resistance to
the execution of public duty. Officers of justice
and others in authority may repel force by force in
the legal execution of their duty ; ^^ and if death
ensue, the implied malice will be rebutted, unless
1 R. S. C. c. 79.
-R. S. C. c. 91.
3 R. S. C. c. 93.
* R. S. C. c. 148.
» R. S. G. c. 150.
« oo-Sfi v. 0. 29, SB. 92 to 97, and pa^e 4.-!l, Dom.
'' R. s. o. c. 171. ■ ;
8 R. S. O. c. 195.
:, "R. S. O. c. 200. - -. " r -
i» R. S. O. c. 210.
" R. S. O. c. 211.
« 55.5(5 V. c. 29, s. 14, Pom. . .
i» Fo3t. C. L. 270, 271.
90 DUTIES OF CORONERS.
no sufficient resistance was made, or sufficient
time intervenes for the blood to cool.^
Generally as regards the responsibility incurred
by persons trying to arrest others, and of persons
trying to escape arrest, see the Criminal Code, 55-
56 V. c. 29, ss. 7 to GO (C).
• Sec. 3.— infanticide.
Infanticide might have been treated of in the
previous section ; but the importance of the sub-
ject to coroners requires that it should be dwelt
upon at greater length and with more particularity
than would be appropriate to the heading, " Gen-
eral Remarks," and is therefore made the subject
of a separate section.
Infanticide, medically speaking, contains two
branches : (1) The criminal destruction of the foetus
in utero ; (2) The murder of the child after birth.
The latter branch is the only one which comes
under the jurisdiction of coroners, and alone re-
quires notice in this work.
No murder can be committed of an infant in
its mother's womb. It is not until actual birth
that the child becomes "a human being," so
as to be embraced in the legal definition of mur-
der.^
The author of The Vestiges of Creation states
that " at one of the last stages of man's fcetai
career, he exhibits an intermaxilary bone which is
characteristic of the perfect ape, this is suppressed,,
U E. p. C. 297.
n Hale, 433.
DUTIES OF CORONERS.
i)l
and he may then be said to take leave of the Siniial
type, and becomes a true human creature." But
whether this is correct or not, does not concern
coroners, or medical witnesses, at inquests, since
to be a subject of nnn'der the " true human
creature" must proceed further and be born alive.
For the Criminal Code^ states that a child becomes
a human being within the meaning of the Act, and
so capable of being a subject of murder, when it has
completely proceeded in a living state from the
body of its mother, whether it has breathed or not,
whether it has an independent circulation or not^
and whether the navel string is severed or not.
The killing of such a child is homicide when it dies
in consequence of injuries received before, during,
or after birth.
Therefore, in considering the crime of infanti-
cide in its second branch, the first question that
presents itself is :
1. When is a child born alive ? — A common test
of live birth is the act of breathing ; but a child
may breathe during the birth, and before the whole
body is brought into the world, which would not be
sufficient life to constitute it a human being, and
to make its destruction murder.^
A child may breathe in iitero after the mem-
branes have been ruptured, but all such cases re-
ported were in exceptionally difficL'lt labours.^
155-50 V.c. 29, Bs. 218, 2iy, Can. - - "
-5 C. A P. 3'iy ; 55-50 V. c. 29, s. 219, Dom. In these cases there is a
very stront^ presumption aj^ainst the probability of the child dyinj; unless
through foul play, before being wholly born alive. — 1 Beck, 498; Taylor,
3;i9.
3 Tidy Vol. 3 p.p. 158,159.
92 DUTIES OF COnOXERS.
Again ; a child may be wholly prodiiced, and
remain for some time without respiring, life being
kept up from the fcetal circulation continuing, or
from causes which appear to be involved in much
obscurity.^ When a living child is destroyed while
remaining in this state, there are no certain medi-
cal signs by which it can be proved to have been
living when maltreated;^ although some indirect
evidence of the existence of life previous to respir-
ation may be obtained from wounds and ecchymoses
found on the body of the child. ^ The child being
seen to move or breathe, would of course be evi»
dence of life.*
Breathing is only one proof of life. Other
proofs are admissible of life in a child before the
establishment of respir ition ; and its destruction
after being completely born in a living state, but
before it has breathed, is urder.^
Respiration is the best test of a child having
been born alive ; but in deciding whether or not it
1 Taylor, £26 ; 1 Beck, 448 ; seo 6 C. & P. 349.
2 Taylor, 324.
3 1 Beck, 448.
* Cases of this kind may be divided into two classes: — 1. Where the
child's life is merely a continuation of its fcetal existence, and is depend-
ent on tlie life of its mother ; and 2. Where th£j child's life is independent
of that of its mother, yet there are no medical signs of its having been
born alive to be discovered in the body after death. It nas been doubtful
if the destruction of a child coming under the first class would be murder.
In Hex V. Eiwck, 5 C. & P. 539, Parke, J , said there must be an indepen-
dent circulation in the child before it can be considered alive for the
purpose of constituting its destruction, murder. See also 9 C. & P. 754.
And in Eeg. v. Christopher (Dorset Lent Assizes, 1845) Erie, J., said the
child must have an existence dintinct and independent from the mother.
But see 2 Moo. C. C. 2(50. This f^oubt is set at rest by the Criminal
Code, 1892, which as before stated declares that a child becomes a human
being when it has complexly proceeded in a livir^-r state from the body of
its mother, whether it has breathed or not, whether it has an indepen-
dent circulation or not, and whether the navel string is severed or not.
See 65-5G V. c. 29, s. 219, Can.
»i?ex V. Drain, 6 C. A P., 349 ; Eex v. !>'elUs, 7 C. & P. 850; 66-56 V.
c. 29, s. 219, Dom.
7) r TIES OF CORONERS.
03
has respired, much skill fs often necessary. Im-
mersing the lungs in water — it being supposed that
if they floated the child must have breathed — was,
at one time, the usual test. It is now exploded ;
as air may have passed into the lungs by inflation,
or they may have become permeated with air from
decomposition. And even if respiration be proved,
still it nnist be borne in mind that the child may
have breathed during birth, before arriving at that
stage of life when it may be the subject of murder.^
And on the other hand, children have occasion-
ally lived for many hours, and even days, without
any signs of respiration being discoverable in their
bodies after death. ^
Absence of the signs of respiration is no proof
of natural dead birth ; as the mother may cause
herself to be delivered in a water-bath, or the
mi uth and nostrils of the child may be covered in
the act of birih.
Nearly all the changes occurring with normal
respiration in a child may result from artificial in-
flation, or from putrefactive decomposition, except
the presence of an increased quantity of blood in
the lungs, and the giving off of minute air bubbles
when the lungs are pressed under water, the gas
bubbles of putrefaction being comparatively of
large size.^
Because of the inconstancy of living weights,,
the static test of live birth by weighing the lungs,
' This has been the case when the labour was long protracted after
the waters have escaped, and the infant slow in descending through the
lassages. See p. 91,
a Taylor, 325, 327.
s Tidy vol. 3, p. 160.
94
DUTIES OF COROXER&.
is considered worthless, it being necessary to trust
to the average living weights, since the hnigs of
the same child cannot be weighed before and after
respiraticn.^
A muscular twitch on t\i3 part of an infant is
unlikely to be mechanical or independent of vital
power, but it can scarcely be accepted as proof of
live birth. ^
Pulsation of the cord is an undoubted sign of
life; also beating of the heart.^ But, of course,
these signs of live birth must be observed after the
child has completely proceeded from the mother.
A warm room and warm clothing are of vital
importance to a new-born child, consequently the
conditions under which the child was exposed at
the time of birth should be ascertained.^
Neglecting to provide reasonable assistance, by
a woman in her delivery, and the child is perma-
nently injured thereby, or dies, either just before, or
during, or shortly after birth ; and this neglect is
with the intent that the child shall not live, or to
conceal the fact of her having had a child, is an in-
dictable offence, unless the woman proves such
death or permanent injury was not caused by such
neglect, or by any wrongful act to which she was a
party.°
And any one who disposes of the dead body of
a child in any manner, with intent to conceal the
1 Tidy, vol. 3, p. 1G2.
■^ Tidy, vol. 3, p. 155.
» Tidy, vol. 3, p. 156.
♦ Tidy, vol. 2, p. 65.
6 65-56 V. c. 29, s. 239, Can.
DUTIES OF COROXKRS.
95
fact that its mother was delivered of it, whether
the child died before, or during, or after birth is
guilty of an indictable offence.^
In all cases of overlaying infants where an im-
putation of neglect or wilful murder is suggested, a
nost mortem ia an absolutely essential part of the
inquiry, however clear the case may appear to be ;
for r^^^veral cases have occurred where intentional
overlaying was suspected, but where ^i^mst mortem
has shown disease was the cause of death. ^
The presence of any marks of putrefaction in
utero proves the child must have been born dead.
The Dresence of marks of severe violence on various
parts of the body, if possessing vital characters,
renders it j^f'obable that the child was entirely born
alive when the violence was inflicted.^ The pres-
ence of food in the stomach proves the child was
entirely born alive.*
2. Hydrostatic Test. — Although employing this
test as conclusive evidence of the child naving
breathed or not, is now exploded, yet when used by
an intelligent physician, thoroughly acquainted
with its real value, and who considers its result
with other circumstances, it is a proper and impor-
tant test to employ in many cases of infanticide.
The approved mode of performing it will be found
described in chapter VII. post,
A person using the hydrostatic test in cases of
alleged infanticide should remember that the lungs
1 55-66 V. c. 29, a. 240, Can.
2 Tidy, vol. 3, p. 277.
3 Taylor, 352.
* Taylor, 353.
96 DUTIES OF COROyERS.
floating is not a proof that the child has been honi.
alive, nor their sinking a proof that it was horn
dead. At most it cm only prove the child has
breathed or not. The fact of living or dead birth
has, burictly speaking, no reii*;tion to the employ-
ment of this test. 1 The lungs may sink from dis-
ease ; ^ or they may sink, although the child has
lived for hcirs and even for days ;^ and they may
float from putrefaction, either after the child is
still-born, or after death in utero previous to its
birth, or from artificial inflation;^ or from respira-
tion before complete birth. '^
The employment, however, of pi :ure as an
essential part of the hydrostatic test disposes for
the most part of putrefaction as a difficulty.^
3. Of the Uterine Age of a Child. — In cases of
premature birth, it is to be noticed as tending to
narrow the difficulty of deciding the question of liv-
ing production, that earlier than between the fourth
and fifth months the general opinion is that no
fcetus can be said to be born alive;'' from the fifth
to the seventh it may be born alive, but cannot
maintain existence ; and at the seventh it may be
reared.
The following is a summary of the principal
facts upon which an opinion respecting the uterino
age of a child may be based, taken from Tayloi 's
Medical Jurisprudence :
^ Taylor. 325.
* Taylor, 325.
3 TB,ylor, 327.
* Taylor, 330.
^ Taylor, 339,
« Tidy, vol. 3, p. 166.
'■ Tidy, vol. 3, p, 31.
DUTIES OF CORONERS.
97
(a) At six months — Le^ ^th, from nine to ten
inches; weight one to two pounds ; eyehds, agglu-
tinated ; pupil, closed by membransp pupillares ;
testicles not apparent in the male.
(h) At seven months — Length, from thirteen to
fourteen inches ; weight, three to four pounds ;
eyelids, not adherent ; membranae pupillaries, dis-
appearing ; nails, imperfectly developed ; testicles,
not apparent in the male.
(c) At eight months — Length, from fourteen to
sixteen inches ; weight, from four to five pounds ;
membranae pupillaries, absent ; nails, perfectly
developed, and reaching to the ends of the fingers ;
testicles in the inguinal canal.
(d) At nine months — Length, from sixteen to
twenty-one inches ; weight, from five to nine
pounds; membranae pupillares, absent; head well
covered with fine hair ; testicles in the scrotum ;
skin pale ; features perfect ; these and the body are
well developed^ even when the length and weight
of the child are much less than those above
assigned.
(e) The point of insertion of the umbilical cord,
with respect to the length of the body, affords nc
certain evidence of the degree of maturity.
There are no certain signs by which to deter-
mine how long a child has survived birth for the
first twenty-four hours.^
4. Monstrosities. — Some persons have the notion
that monstrosities may be destroyed ; but this is
not correct. If destroyed under an impression of
1 Taylor, 354.
B.C.— 7
98 DUTIKS OF CORONERfi.
this kind, the want of malice might reduce the act
below murder, although it would amount at least
to manslaughter.
5. Legal points. — The onus of proving the child
had completely proceeded in a living state from the
body of its mother rests on the prosecution, as the
law humanely presumes that every new-born infant
is born dead ; but if proved to have been wholly
born alive, further proof shewing its capacity to live
is not necessary, for even if a want of viability, or
capacity to live, be proved, its destrucoion would
still be murder.^
In all cases where there is not the most clear
and decisive proof that the child was born alive, it
is the bounden duty of the coroner to tell the jury
that they ought not to think of returning a verdict
of wilful murder against the mother.^
If a child is injured before or during birth, and
dies from the injury after birth, this would be
homicide.^
Where there is wanton exposure of an infant
without the intent to produce death, but with the
expectation of shifting its support upon some third
person, and death ensues, it is manslaughter.*
The better opinion seems to be that wilful pre-
vention of the commencement of respiration in a
child after being wholly born is murder, although
no case to the point has yet been decided.
' Reg. V. West, Nottingham Lent Asaizes, 1848.
« Rex. V. Bayley, Car. C. L. 243.
s 3 Inst. 50 ; 1 Bla. Com. 129 ; Hawk. P. C. b. 1, c. 31, s. 16 ; 56-56
V. 0. 29, s. 219, Dom.
♦Wharton c&Stille, 790.
DUTIES OF CORONERS. 99
And if a person unlawfully intending,' to procure
abortion, does an iict which causes a child to be
born so much earlier than the natural time, that it
is born in a state much less capable of living ; and
afterwards dies in consequence of its exposure to
the external world, the person who by this miscon-
duct so brings the child into the world and puts it
thereby in a situation in which it cannot live is
guilty of nmrder, and the mere existence of a pos-
sibility that something might have been done to
prevent the death will not render it less murder.^
Causing the death of a child by giving it-
spirituous liquors in a quantity unfit for its tender
age, is manslaughter.''
The omission of a self-delivered woman to tie
the umbilical cord, in consequence of which her
child dies, is not murder, as her distress and pain
may cause this neglect, or she may not be aware
of the necessity for applying a ligature to the cord,
or she may become insensible after delivery. But
ivilfully neglecting to perform this office for the
child, if satisfactorily proved, would be murder if
death was the consequence of such neglect.
As oefore stated,^ if a man advise a woman to
kill her child so soon as it is born, and she do so in
pursuance Ox such advice, he is an accessory to the
murder, though no murder could have been com-
mitted at the time of the advice.*
1 Reg. V. West, Car. & R. 784 ; 2 Cox, C. C. 500 ; 55-56 V. c. 2<i,
88. 219, 227, Can.
23 CAP. 210.
3 Page 65.
* Hawk. P. C. 0. 29, s. 18 ; Dyer, 168 ; 55-56 V. 0. 29, sa. 61, 234, Dora.
100
DUTIES OF COROXERS.
Abortion iimy properly be induced iu cases
where the hfe of a woman is at stake, and there is
less to be feared from the operation than from
natural delivery, and the action is bona fide ; but
Prof. Tidy strongly, and properly, urges that it
should not be undertaken without the most mature
consideration, nor until after consultation with
another practitioner, and only then with full con-
sent in writing, if possible, of the husband or
guardiar A the woman. ^ Under the criminal code
no one is guilty of any offence who by means which
• he in good faith considers necessary for the preser-
vation of the life of the mother, causes the death
of any child before or during its birth.''
In a case of infanticide, the coroner's jury should
not find as to the concealment of birth, if any there
be; for the concealment, under the present law, is
no presumptive evidence of infanticide, and has no
connection with the cause of death, to inquire of
which is the purpose of the coroner's inquest.^
6. Cautions. — A child may die from the cord
becoming twisted round its neck in utero, before
parturition. This cause of death sometimes gives
rise to an idea that the child was strangled.*
The mark left on the neck by the umbilical cord
twisting round it, is broad, grooved, perfectly soft
and never excoriated. A hard parchmenty depres-
sion points away from the cord as the cause of the
groove. There will be as many marks of the cord
iTidy, vol. 3, p. 100. ' '
« 55-56 v. 0. 29, 8. 271, Can.
s 65-56 V. c. 29, s. 697, Dom.
* Taylor, 857.
DUTIKH OF COROXRRS. 101
as there are twists. Marks from folds of skin or
ridges in the fat of the neck are liable to be mis-
taken for cord marks. ^
In cases of death of children by stranj^ulation
through the cord being twisted round the neck, the
lungs are not likely to shew signs of expansion."
If death from suffocation is expected, the mouth
and . mces should be examined for foreign sub-
stauot;^ , which might give some clue to the means
employed to produce it. Any peculiar smell about
the body should be noted, in order to see if poison-
ous vapours were used to suffocate the child. In
these cases it must be remembered that sufifoca-
tion may arise from accident or unintentional
neglect, particularly if the mother is delivered when
alone, and is much distressed, or faints. Care
should be taken to distinguish in these cases
between means used simply to conceal the births
and means used to destroy the child.
If the body is found in water, care should be
taken to ascertain if the child was drowned or
killed before being placed in the water. The
number of verdicts of "Found drowned" might
doubtless be reduced by a proper attention to this
caution.
The pains of labour may be mistaken for other
sensations, and the child in consequence be born
unrlor circumstances which would inevitably cause
its loss without any blame attaching to the mother.
A careful examination of the ends of the cord, to
see if it was cut or torn asunder, may afford im-
> Tidy, vol. 3, p. 193.
« Tidy, vol. 3, p. 19G.
102 DUTIES OF CORONERS.
portant evidence in these cases. A lens should be
used for the purpose, as the torn ends have some-
times been found nearly as sharp-edged and fiat as
if cut.^
Severe injuries are sometimes unintentionally
inflicted on infants suddenly born, while the mother
is standing, sitting, or on her knees.^
In deaths from starvation, mere neglect or im-
prudence, without actual malice, will not make
them cases of infanticide.^
Fractures of the skull, with extravasation, some-
times occur from natural causes during parturition,
and may lead to a suspicion of criminal violence.
These fractures and extravasations are generally of
very slight extent, while those caused by criminal
violence are commonly much more severe.*
Tumours on the head, containing blood, arising
from the same causes, sometimes lead to a similar
suspicion. °
Severe wounds are s^-metimes accidentally in-
flicted upon children by clumsy attempts to sever
the navel-string. In such cases the string is gen-
erally found cut.''
Attempts innocently made by the female to aid
her delivery sometimes cause injuries to the child's
hody.^
1 Med. Gaz. vol. 48, p. 985.
2 Taylor, 868.
3 See 55-56 V. c. 29, sb.209. 210, 211, 215, 216, Dom.; and see also The
Queen V. Inistan, (18[)'d), I Q. B. ioO. .,. , .-, £,, -- ,_.,., -
* Taylor, 3G7.
» Taylor, 366. ■ •
8 Taylor, 365. T - .^ . -
7 Taylor, 372. - ,. : ■
DUTIES OF COROSERS. 103
NcEvl materni, or mothers' marks, in newly
born children, are more common than is generally
supposed, and may closely simulate marks of
violence.^
Where the cause of death of a child is doubtful,
the orbital walls should be closely examined for
needle punctures or wounds of other sharp instru-
ments under the upper eyelid. The symptoms
produced by such injuries would be convulsions.^
7. Evidence. — The consideration of evidence in
general is reserved for another chapter.^
A few points relating to infanticide, in particu-
lar, wall here be noticed.
Mere appearances of violence on the child's
body are not sufficient of themselves. The evid-
ence must go further, and show intentional murder.
In order to connect the murdered child with the
mother sometimes an examination of the accused is
necessary. ' Unless this takes place within twelve
or fifteen days from delivery, no satisfactory evid-
ence can in general be obtained.*
Whether a suspected female can be forced to
furnish evidence against herself by submitting to an
examination seems doubtful. The spirit of our
laws is opposed to such ^/Ompulsory evidence, and
coroners are advised not to compel, or attempt to
compel, an examination.
Trying to frighten the accused into submission
is equally objectionable. A refusal to submit to
r 1 Tidy, vol. 1, p. 152. T"
2Tidy, vol.3, p. 197. " .
-- ' See chapter XI post. 7
* Taylor, 382. '
SB
104 DUTIES OF CORONERS.
such an examination should hardly be considered
as implying guilt; for some innocent women of
delicate feelings might naturally prefer lying under
an imputption of crime, ^,o submitting to a proceed-
ing so revolting to them.
The concealment of birth is now no presumptive
evidence of infanticide.^ In most cases of this
nature the unfortunate woman has every reason to
attempt concealment ; and to imply guilt from
conduct, the innocent motives for which can be so
easily understood, is shocking to human nature.
From the murder of bastard children by the
mother being a crime difficult to be proved, at one
time a special legislative provision was enacted for
its detection,*^ which made concealment of the birth
almost conclusive evidence of the child's murder.
But the severity of the statute^ rendered its provi-
sions fruitless, since few juries could be found wil-
ling to convict the unfortunate objects of accusation
on such objectionable evidence, and it was repealed
in England by 43 Geo. III. c. 58. In Canada this
Act was repealed by Provincial Statutes now em-
bodied in the Dominion Statute, 55-56 V. c. 29,
s. 697 ; and the trial of women charged with the
murder of their bastard children placed on the
same footing ar to the rules of evidence and pre-
sumptions as other trials for murder.
» 65-56 V. c. 29, s. 697, Dom.
» 21 Jac. 1, c. 27.
" The reader will remember the story of Sir Walter Scott, called
" The Heart of Mid-Lot/hian," which is founded on a trial under a similar
enactment in Scotland.
DUTIES OF CORONERS.
105
Sec 4.— MANSLAUGHTER.
1. Definition. — Manslaughter is defined to be
the unlawful killing of another without malice,
either express or implied, or as the criminal code
defines it " culpable homicide, not amounting to
murder, is manslaughter ; and may be either vol-
untary, upon a sudden heat, or involuntary, ensu-
ing from the commission of some unlawful act, or
from the pursuit of some lawful act criminally
or improperly performed.^ The main distinction
between manslaughter and murder is the absence
' * " malice aforethought."^
2. Practical remarks. — All homicide is pre-
sumed to be malicious until the contrary is proved.'
If the act is committed in the heat of passion
caused by a wrongful act or insult of such a nature
as to be sufficient to deprive an ordinary person of
the power of self control, it will reduce the offence
of killing to manslaughter where a malicious inten-
tion is not manifested by the use of deadly weapons
or other circumstances of the case.^ When no
such malice accompanies the act, and the party
provoked give the other a box on the ear or stroke
with a stick or other weapon, not likely to kill, and
death unfortunauely ensues, it will be only man-
slaughter.^ And if the death result from a violent
and unlawful restraint of personal liberty,^ or from
» 4 Blac. Com. 191.
^ A distinction as venerable as the Mosaic Law. See Num. xxxv. 15
and following verses.
» 1 E. P. C. 224.
« Jer. O. C. 185 ; Moir's case. Rose. C. E. 717. 65, 56 Vic. c. 29, b.
229, Dom. and Be<) remarks on p. 77 as to provocation.
»Fo8t. 29;.. «1E. P. C. 233.
j^ ^^
106 DUTIES OF COROyERS.
the first transport of passion, arising from the
detection by the husband of the adulterer in the
act/ the killing is reduced to manslaughter^ So if
one insults another, and gets a blow for his lan-
guage, which he returns, and a scuffle ensues, and
the party insulting is killed, it is manslaughter
only, for his blow to the person insulted is consid-
ered a new provocation, on the principle that the
second blow makes the affray, and the conflict a
sudden, unpremeditated falling out.^ So an assault
upon a man's person, accompanied with circum-
stances of great violence or insolence, which would
reasonably cause a sudden transport of passion and
heat of blood, will make the killing only man-
slaughter.^ Provocation of a slight kind will ex-
tenuate the guilt of homicide, where the party
killing does not act with cruelty or use dangerous
instruments ;^ but if the instrument used is such
that a rational man would conclude death would
follow, it is reasonable for the jury to find death
was intended.^
Prize fighting with or without anger and gen-
erally, all fighting, wrestling or other contests, in
anger, are unlawful, and if death result, it is man-
slaughter at least .°
Killing one who endeavours to commit b, felony
by force has been considered justifiable homicide,
if the intent to commit such crime clearly appears/
U H. p. C. 486.
2 1 Hale 455
n RU88. 581. __ ,,_ .._ _ -^; . .-^. *
*Fo8t. 291.
» 2 Lew. 225.
8 9 c. & P. :i59 ; 55, 56 Vie. c. 29, ss. 93, 94, Dora.
7 1 H, P. C. 484; Jer. 192.
BKd
DUTIES OF CORONERS. lOT
Lawful sports must be indulged in with due
caution^ according to their nature. For instance,
death arising from accident, through shooting at a
target placed in a positioa dangerous to persons
passing along highways or other places commonly
used, would probably be manslaughter.^
In all cases of homicide upon provocation, if
sufficient time has elapsed for the passion to cool
and reason to regain its propriety, the killing is-
then deliberate, and amounts to murder.^ , ,.
Sec.5.— HOMICIDE WHICH IS NOT CULPABLE.
Homicide which is not culpable may be con-
sidered under three heads : — (1) Homicide per
w/a/'^»?/mm by misadvent ire ; (2) Homicide se et
sua dcfendendo, in self-defence, and (3) Justifiable
homicide. Excusable homicide does not amount
to felony, although some fault attaches upon the
party by whom it is committed. Before 9 Geo.
IV. c. 31, s. 10, forfeiture of goods was a punish-
ment for this offence ; but now the party is entitled
to be set free, without puni'^ument or forfeiture.
1. HOMICIDE PER INFORTUNIUM
1. Definition.'] — lloYniQidiQ per infortiinium^ ox
by misadventure, is where a man doing a lawful act
with proper caution, and in a proper manner, with-
out any intention of hurt, unfortunately kills
another by mere accident or misadventure.^
» Arch C. p. 510.
^Fost. Cr. Law, 296. See also the remarks under the head of
" Murder," sec. 2.
MBla. Com. 182.
108 DUTIES OF CORONERS.
2. Practical remarks.] — In illustration of hom-
icide by misadventure, the following may be con-
sidered : — Where the head of an axe accidentally
flies off, while one is chopping, and kills a stander-
by ; when a person shooting at game, or at a mark,
with due caution, undesignedly kills another;
when a parent, moderately correcting his child, or
a master his apprentice or scholar, and happens to
occasion death. In such cases the death is only
misadventure.
If poison is laid for vermin, and a person takes
it and is killed, if it was laid in such a manner or
place as to be mistaken for food, the better opinion
seems to be, that it is manslaughter ; but if laid
with a proper degree of caution as to manner and
place, it is misadventure only.^
It seems killing a person by drawing the trigger
of a gun in sport, supposing it to be unloaded, is
homicide by misadventure, if the gun was tried
with the ramrod, or the usual precautions taken to
ascertain it was not loaded,*^ or if there was reason-
able grounds to believe that it was not.^
2. HOMICIDE SE ET SUA DEFENDENDO.
1. — Definition. — Homicide in self-defence is a
kind of homicide committed in defence of one's
person or property, or from unavoidable necessity,
upon sudden affray, and is considered by the law
in some measure blamable and barely excusable.
M H. p. C. 431 ; Jer. 217.
« Jer. 218 ; 1 Rusa. 658 ; Impey, O. C. 508.
3 FoBt. 265 ; 1 Buss. 659.
DUTIES OF CORONERS.
109
2. Practical remarks.] — Where a man is as-
saulted in the course of a sudden brawl or quarrel,
and before a mortal stroke given, he declines any
further combat, he may protect himself by killing
the person who assaults him if such an act be
necessary in order to avoid immediate death. ^
This kind of homicide is often barely distin-
guishable from manslaughter. The true criterion
between them is this : — When both parties are
actually combating at the time the mortal stroke
is given, the slayer is guilty of manslaughter ; but
if the slayer has not begun to fight, or, having
begun, endeavours to decline any further struggle,
and afterwards, being closely pressed by his antag-
onist, kills him to avoid his own destruction, this
is homicide, excusable by self-defence.'^
To make the plea of self-defence good, it must
appear that the slayer had no other possible or at
least probable means of escaping from his
assailant.^
The plea of self-defence extends to excusing
masters and servants, parents and children, hus-
bands and wives, killing assailants in the necessary
defence of each other.*
Killing from unavoidable necessity takes place
in cases such as the following : Two persons being
shipwrecked, got on the same plank, which,
proving unable to save them both, one thrust the
other from it, whereby he was drowned. It is said
1 1 Buss. 661 ; 55, 56 Vic. o. 29, as. 45, 46, Dom.
«4 Bla. Com. 184 ; Fost. 277.
» Impey, 0. C. 606 ; Jer. 220 ; 56-56 V. c. 29, as. 45, 46, 47, Dom.
* 1 Hale, 484.
110 DUTIES OF CORONERS.
the principle of self-preservation which prompts
every man to save his own life in preference to
that of another, where one must inevitably perish,
exouyes the homicide in such cases.'' This principle
of self-preservation cannot be considered to extend
to the justification of the immediate and direct
taking of another's life. Two cases of this kind
have recently been reported in the newspapers.
One where a shipwrecked party in order to save
themselves from perishing by starvation, killed a
boy who was one of their number. And the other
was the case of an Indian who with the others was
unable to obtain food and it is said the Indian
killed his daughter. This latter case has happily
been contradicted and is probably a false report.
Skc. 3.— justifiable HOMICIDE.
(1) Definition] — This kind of homicide is such
as the law requires, or permits to be done ; and is
not only justifiable in all cases, but in some com-
mendable. It is of three kinds : First, homicide in
the execution of the law f second, homicide for the
advancement of public justice ; third, homicide in
the just defence of property, or for the prevention
of some atrocious crime which cannot otherwise be
avoided. In all these cases the slayer is not
blamable, and is entitled to his acquittal and
discharge.
(2) Practical BemarJcs] — 1. Killing in execution
of the law must be done when, and in the manner,
1 4 Bla. Com. 186.
« 55-56 V. c. 29, s. 15, Dom.
DUTIES OF CORONERS.
Ill
the law requires it. ^hereiore wantonly to kill the
greatest of malefactors, is murder.^ Or, if an
officer, whose duty it is to execute a criminal,
behead the party when he ought to have hanged
him, it is murder f unless, perhaps, when he acta
contrary to the judgment upon a warrant from the
Crown."
(2) Killing in advancement of public justice
can only be done when there is an apparent neces-
sity for it : without the necessity it is not justifiable.*
If an officer of justice or other person is restricted
in the legal execution of his duty, he may repel
force by force.^ But he must not kill after the re-
sistance has ceased.*^ And if the party merely Jiies
to avoid arrest, the officer will not be justified in kill-
ing him unless he is a felon, and cannot otherwise
be overtaken. Killing a person who flies from
arrest for an offence, would be murder or man-
slaughter, according to the circumstances of the
case.''
It is the duty of every one executing any pro-
cess or warrant to have it with him and to produce
it if required, and every one arresting another,
whether with or without warrant, should give
notice, where practicable, of the process or warrant
under which he acts, or of the cause of the arrest.
1 1 H. p. C. 497.
- 1 Hale, 433, 501 ; 2 Hale, 411 ; 4 Bla. Com. 179.
sFoat. 268; 4 Bla. Com. 405.
* 4 Bla. Com. 180.
» 1 H. P. C. 494 ; 2 Ihid. Jer. 181.
« E. P. C. 297.
^FoBt. 271; Hale, 481; Jer. 228, and see 55-56 V. c. 29, Part H.,
Dom.
\\
112 DUTIES OF CORONERS.
But a failure to fulfil either of these duties, will
not of itself deprive the person executing the pro-
cess or warrant, or his assistants, of protection
from criminal responsibility, but is relevant to the
enquiry whether the process or warrant might not
have been executed or the arrest effected, by
reasonable means in a less violent manner.^
In the case of a riot,'^ if the officers (and those
commanded to assist them), endeavouring at the
proper time^ to disperse, seize or apprehend any of
the persons committing the riot and acting in good
faith and on reasonable and probable grounds
believing it necessary in order to suppress the riot
to use force, and it is not disproportioned to the
danger which they on reasonable and probable
grounds believe to be apprehended from the con-
tinuance of the riot, happen to kill any such
persons, they are justified and free from all blame.*
They would be justified also by the common law.°
And persons acting without orders, who in good
faith, and on reasonable and probable grounds
believe that serious mischief will arise from a riot
before there is time to procure the intervention of
any of the proper authorities, -^re justified in using
such force as they, in good f- .^n, and on reasonable
and probable grounds, believe to be necessary for
1 55-56 v. c. 29, s. 32.
* A riot is an unlawful assembly of three or more persons who have
begun to disturb the peace tumultuously, and when there are twelve or
more persons unlawfully, riotously, and tumultuously assembled together,
to the disturbance of the public peace, the Riot Act should be read. 55-56
v. c. 29, SB. 80, 83, Dom.
'i.e., thirty minutes after the Riot Act has been read. 65-56 V.
c. 29, 8. 84, Dom.
* 55-56 v. c. 29, ss. 40, 41, Dom.
HH. P. C. 495; 1 E. P. C. 304.
mm
DUTIES OF CORONERS.
113
the suppression of such riot, and as is not dispro-
portioned to the danger which they, on reasonable
grounds, beheve to be apprehended from the con-
tinuance of the riot.^
If a gaoler or his officer is assaulted by a
prisoner, in gaol or going to gaol, or by others in
his behalf, provided the assault is made with a
view of the prisoner's escaping, he will be justified
in killing the assailant, whether a prisoner in civil
or criminal suits, and this without first retreating."
(3) A person who is in peaceable possession of
real or personal property under a claim of right,
and those acting under him, are protected from
criminal responsibility for defending such posses-
sion, even against another person entitled by law
to the possession of such property, if they use no
more force than is necessary.^
1 55-56 V. c. 29. a. 42.
2 Fost. 321 ; 1 Hale, 481, 496 ; 55-56 V. c. 29, as. 17. 18, 31, Dom,
« 55.56 V. c. 29, 3. 49, Can.
B. c.
Ill
114
DUTIES OF (JURONERS.
CHArTER IV.
OF POISONS.
The author has been advised by a valued correspondent to omit tl\ia
ohapte*' in the present edition of this work, and no doubt some
apology IB required for not taking the advice. For a lawyer to
attempt to instruct medical men in the subject of poisons, and indeed
in any other branch of medical jurisprudence, is apparently a piece
oi presumption, and if these portions of the work were put forward
as from the writorV own knowledge, the presumption would not only
be apparent, but real. They are inserted, however, as concise and
convenient extracts and compilations from the leading medical
writers on the subjects, and in no way as his original productions.
There is not a statement of any importance that cannot be verified
by reference to standard authors, and in most cases the identical
words of these authorities are made use of. The information given
is consequently reliable, and it is believed will be found handy for
reference by coroners and medical witnesses engaged upon inquests,
and who have not always at hand more important works to refer to.
It is impossible for medical men, not in the daily habit of teaching
students, to bear in mind, all the effects and symptons of the various
poI:;cu8, or to recall at any given moment, all the medico-Icgal
knowledge they should have in their minds when suddenly called
upon to perform a jiotit-Jiwrtem, or to give evidence at an inquest, and
while these portions of this work are not set forward as at all
.original or complete, it is hoped they contain enough to suggest
TO medical men much ♦^^hat may have been forgotten for the moment,
or to at least put them on their guard, and so justify the retention
«f the chapter.
It may be remarked generally with regard to
poisons that there are certain modifying circum-
stances connected with them, some of which relate
to the poison itself, while others are connected
with the system of the individual who takes the
poison. Habit diminishes the power of poisons,
particularly opium, alcohol and arsenic. Disease
may modify or increase the action of poisons. In
paralysis the action of strychnine is modified. In
tetanus and delirium tremens, opium is modified,
and in apoplexy and inflammation of the brain, its
action is increased. Sleep usually retards- the
DUTIES OF CORONERS. IIB
action of poisons, especially arsenic and irritants,
but not of narcotics. Exercise accelerates the
effects of all poisons except narcotics.^
Usually the action of poisons is more rapid
TN'hr'n the dose ic larpfe. The fonn of the dose,
whether solid or in solution, pure or admixed, will
vary the symptoms, as will idiosyncrasy, state of
health, etc.
A combination of poisons will in some caftes
increase, and in others decrease their effects.
Other. <igain will neutralize each other. The salts
of calcium and the pottassium salts, by a careful
equipoise in the dose — the one contricting the
ventricle and the other relaxing it — can be made
to neutralize each other. Veratrine and the potas-
sium salts will act in a like manner. Arsenic is
modified by alcohol, and probably other irritant
poisons are also. Alcohol too modifies the effects
of the bites of poisonous snakes. In a case where a
large dose of corrosive sublimate and laudanum was
taken a remarkable postponement of all the usual
symptons is recorded. Prof. Keese also mentions
the following poisons as found to be antagonizing
in their influence, by his own experiments : Mor-
'pliine and Atrojniie (in the human subject but not
in cats and dogs); Atrojmie and Eserine ; Atro-
pine and strychnine. He states also that there ■!
is good reason for admitting the antagonism
hetvieen Aconite and Digitalis. He '?> Morphine ^
and Prussic Acid, Strychnine and Pt ..ssic Acid,
and Strychnine and Morphine, are not antagon- . -■
istic.
' Brown & Htewart, p. 320.
116 DUTIES OF CORONERS.
Of recent years a class of bodies called Pto-
viaines has attracted much attention and may here
be briefly noted. The symptoms are of a narcotic vn-
tant poison. Ptomaines have been found in decayed
meat, cheese, sausages, certain shell-fish, canned
meat and vegetables, milk, ice-cream, etc. They
bear a strong resemblance to some of the vegetable
alkaloids in their chemical and physiological reac-
tions. Numerous ptomaines have been discovered
in putrified hum..n bodies, among v/hich are a strych-
nine-like substance, a atropliine-like one, a vera-
trine-like, a conine-like, and a nicotine-like, pto-
maine. These substances may interfere with the
usual chemical tests and even cause a failure to
discover strychnine and other alkaloids in a dead
body, and raise a new difficulty for toxicologists,
and suggest a new and plausible line of defence in
trials for murder by poisoning. The importance
of this subject is shown by an Italian ".riminal trial
where the medical witness who perforined the
autopsy, gave it as his opinion that strychnia was
probably present, while for the defence the great
Selmi pointed out differences from strychnia, and
said he considered the compound to be a pto-
maine.^
Selmi obtained from a dead bv iy, one month
after death, a considerable amount of a crystalliz-
ahle ptomaine, giving reactions like those of alka-
loidal poisons, and having poisonous effects on
frogs, and he has even supposed that death from
various diseases may be due to the formation of
these compounds.^ -
' Brown & Stewart, p. 13.
» Brown & Stewart, pp. 13, 14.
DUTIES OF CORONERS. 117
The subject of ptomaines cannot be treated at
length in a work of this description, and is only
mentioned to recall it to the mind of the medical
witness and to put him on his guard when perform-
ing ?i> post-mortem in a case of poisoning. If a trial
follows he may hear a good deal about ptomaines,
and he should take care before it is too late, to
prepare himself for cross-examination on the
subject.
The quantity of poison found in the stomach
except of metallic poisons, is generally only
a small fraction of the quantity taken, being
merely the surplus beyond the fatal dose,^ and it
has in fact no direct connection with the fatal
result, that being caused by the absorbed portion
only.' ■ •
The appearances common to dead bodies gener-
ally are often mistaken for the effects of poison.^
Unhealthy or improper food, or acute disease,
may cause suspicious symptoms. This is a common
solution of suspected pois^ming.*
The results of experiments with poisons on
animals, are not altogether conclusive as to man,
but if a recent vomit proves poisonous to an aniujal,
with the same symptoms as in the 7nan, that is
almost conclusive evidence.^
If possible, the approximate quantity of the
poison should be ascertained and stated, particu-
* Browne & Stewart, p. 14.
- Reese, p. 203.
* Browne iS; Stewart, p. 15. .
■• Browne & Stewart, p. 15.
! Browne & Stewart, p. 15. ^
118 DUTIES OF CORONERS.
larly where the substance may have been admin-
istered medicinally.^
Dr. Maclagan, Professor of Medical Jurisprud-
ence, University of Edinburgh, stated on the trial of
Dr. Pritchard for the murder of his wife and mother-
in-law, that all the alkaloids are very often not
found though known to have been taken.*^
In cases of suspected poisoning, and where
there is a possibility of the body having been
embalmed, the fact as to whether it was embalmed
ot not, and the possibility or impossibility of the
poisons used in the process of embalming having
been introduced into the body, should be ascer-
tained and the evidence noted and preserved.
Liquid poisons injected for the purpose of embalm-
ing may penetrate into the different organs, and
even into the brain and spinal marrow, and it
should be borne in mind that embalming may
be resorted to with the intention of confounding
the discovery of poison criminally administered.^
Orfila, as quoted by Reese, says in a case of
true post mortem imbibition, the poison would
be found on the exterior rather than on the interior
of the organs ; while in a real case of poisoning, the
absorbed poison would always be equally deposited
in the interior of the organs.*
It has been noticed that hard white crystalline
deposits of sulphate of lime form on the surface of
soft organs a few months after burial of the body.
^ Browne & Stewart, p. 15.
" Browne & Stewart, p. 423.
3 Reese, pp. 218, 221.
< Reese, p. 221.
DUTIES OF CORONERS.
U^
When these crystals form on the mucous mem-
brane of the stomach, Lhey may be mistaken
for the effects of poison.^
Dark coloured wine, highly coloured fruits or
certain medicines taken shortly before death,
may stain the stomach so as to prove deceptive.^
In cases of suspected poisoning, the interval
that elapsed between the taking of food or drink,
aixd the first symptoms, should be discovered if
possible, as most poisons act very soon after their
administration, unless they are given in small
quantities at intervals. If other persons partook
of the same food or drink their state should be
enquired into. The course of the symptoms to a
fatal end — whether rapid or slow — should be noted
as the symptoms of some diseases simulate those
of some poisons, the greatest care should be taken
not to be deceived in this direction. Prof. Keese
states that the disorders which most simulate
irritant poisons are cholera-morbus, malignant
cholera, gastro-enteritis, peritonitis, ulceration of
the stomach, ilius, and hernia. And those which
most resemble neurotic poisoning are apoplexy,
epilepsy, inflammation of the brain, tetanus and
certain cardiac diseases.
1 Tidy, Vol. 1, p. 79.
2 Tidy, Vol. 1, p. 89.
120 DUTIES OF CORONERS.
Classification of imisons} —
inniTANTs.
Mineral
iM«« w,«*„ii;„ Acids, Sulphuric.
Non-metallic. ...- ,T * li -j -ni i
(Metalloids, Phosphorus.
/Alkalic compounds. Potash.
Metallic \ Heavy metals and ) , .
1 compoundo....)-(^''«^'"*^^
Ve«?etable, Savin.
Animal, Cantharides.
NECROTICS.
Cerebral, Morphine.
Spinal, Strychnine.
Cerebro-spinal, Coniine.
Irritant poisons occasioi. violent vomiting and
purging, either preceded, accompanied or followed
by intense pain in the abdomen, commencing in
the region of the stomach. Effects are chijHy
manifested by inflammation of the stomach and
intestines. Many poisons of this class possess
strong corrosive properties, and when swallowed
produce an acrid or burning taste, extending from
the mouth down the cssophagus to the stoinach.
Others possess no corrosive action, and are
called pure irritants. These produce their char-
acteristic symptoms less rapidly than those of the
farmer class, the effects not becoming visible till
after the lapse of half an hour from the act of
swallowing, unless in some exceptional cases.
Soon after death the bile undergoes changes and
its colouring matter oozes through the gall-bladder
whereby parts of the stomach and intestines may
become stained of a yellow or greenish-yellow
'Many of the following observations upon poisons, their classiflca-
cion 8 symptoms and antidotes, were originally compiled by the late Prof.
Croft, and have now been extended from Dr. Taylor's works on Poisons
and Medical Jurisprudence, Tidy's Legal Medicine, Reese's Medical Juris-
prudence and Toxicology and other standard works.
DUTIES OF CORONERS. 121
colour, not unlikelj^ to be mistaken for the action
of a corrosive poison.^
Prof. Tidy concludes that post mortem dis-
coloitrations of the stomach, considering the many
chances of error, are scarcely to be regarded, per
se, as of much importance in proof of the adminis-
tration of an irritant poison.^
Neurotic poisons act chiefly on the brain and
spinal marrow; the cerebrals, acting principally on
the brain, producing stupor and insensibilit}', with-
out convulsions ; the spinals, acting on the spiual
marrow, producing violent convulsions, sometimes
of the tetanic kind, not necessarily attended by
loss of sensibility or consciousness, and rarely in-
ducing narcotism ; the cerehro-spinal acting both
on the brain and spinal marrow, causing delirium,
convulsions, coma and paralysis. The cerebral poi-
sons have no acrid taste, and rarely give rise to
vomiting or diarrhoea, and they do not irritate or
inflame the viscera. Some of the irritant poisons
will, however, occasionally produce narcotio effects,
as has been observed with arsenic, while opium may
sometimes produce pain and vomiting v>^ith an
absence of the usual symptoms of cerebral disturb-
ance. Several of the cerebro-spinals, when taken
in the form of roots or leaves, often have a com-
pound action, producing their ordinary effects
together with those of irritant poisons.
Some short remarks are here offered upon the
most common poisons, calling attention to the
1 Tidy, Vol. I, p. 68.
' 2 Tidy_ Vol. I, p. 90.
122 DUTIES OF CORONERS.
general symptoms, fatal doses, etc., which may be
useful for convenient reference by coroners and
medical witnesses who have not made toxicology a
special or recent study.
IRRITANT POISON.
Mineral Irritants}
Sulphuric Acid (Oil of Vitriol). — Cases gener-
ally referable to suicide or accident. The symptoms
which connnence immediately are violent burning
pain, extending through the throat and gullet to
the stomach ; violent retching and vomiting, the
latter accompanied by the discharge of tough mucous
and of a liquid of a dark coffee brown colour, mixed
or streaked with blood ; mouth excoriated, tongue
and lining membrane white and swollen, hence dif-
ficulty in breathing; a thick viscid phlegm is formed,,
rendering speaking and swallowing very difficult ;
abdomen distended and painful; any of the acid
getting onto the lips or neck produces brown spots;
any of the acid itself, or of the matter first vomited^
falling on dark cloth, causes a red or brownish red
stain, and on coloured clothes, produces yellow or
red stains, and destroys the texture of the stuff ;
great exhaustion and general weakness ; pulse quick
and small ; skin cold or clammy ; great thirst and
obstinate constipation.
Fatal dose for an adult is a fluid drachm, and
for an infant half that quantity, but the degree of
concentration must be considered.
^ Prof. Reese insists that in every medico-legal case of poisoning with
antimony and other inetals, the actual metal should be obtained as the
only absolute and unequivocal proof; and this, too, in quantities suffi-
cient to admit of positive identitication by all the recognized tests.
DUTIES OF CORONERS.
123
Fatal period. — Usually within twenty-four
hours, but when the action produces suffocation,
death may be quite sudden.
It is said the bodies of peisons poisoned by this
acid resist putrefaction for a long time.
The moisture adherent to the charred hole
rhade by this acid in clothing, will distinguish it
from one made by a heated body, which will be
found dry unless moistened after being burnt.
Nitric acid (aqua fortis). The symptoms are
very similar to the above. Gaseous eructations
are produced ; the vomited matter has a peculiar
smell; and the membrane of the mouth, etc., is at
first white, becoming gradually yellow or brown.
Stains produced by the acid are generally yellow.
Teeth, white but yellowish at their junction
with the gums. The vapours of this acid may
cause death by bronchial congestion.
Fatal dose. Two drachms of concentrated acid
have proved fatal to an adult.
Fatal period. Usually within twenty-four
hours, but may be protracted to a much longer
time.
Hydrocliloric acid is rarely used as a poison.
The symptoms are very similar to those above
described,
A greyish, or white, appearance of the tongue
and interior of the mouth, witji the formation of a
false membrane is usually observed. This acid is
known also as Muriatic acid and Spirit of Salt.
124 DUTIES OF CORONERS.
The stains of this acid on dark cloth are at first
bright red, changing after some days to a reddish
brown.
Fatal dose. Half an ounce for an adult ; a
drachm has killed a child.
Fatal period, i-i'rom a few hours to many weeks.
Oxalic acid, although a vegetable substance,
may be ranked with the preceding aoids. Cases of
poisoning by this acid are generally referable to
suicide or accident. It produces a hot, burning
taste, and causes vomiting almost immediately,
unless taken in a diluted form ; the vomited mat-
ters have a greenish brown, almost black appearance ;
burning pain in the stomach, with tenderness of
the abdomen, followed by cold, clammy perspira-
tion, and convulsions ; pain and vomiting may
sometimes be absent : there is in general an entire
prostration of strength ; unconsciousness of sur-
rounding objects, and a kind of stupor ; legs
sometimes drawn up ; pulse small, irregular, and
scarcely perceptible ; the lining membrane of the
inouth, &c., is commonly white and softened; but
often coated with the dark brown mucous matter
discharged from the stomach. Oxalic acid stains
black cloth an orange and brownish red.
This acid is used in the arts under the name of
acid of sugar, and may be mistaken for sulphate of
magnesium (Epsom salts).
Fatal dose. Half an ounce to an ounce for an
adult.
DUTIES OF VOItUNERS. 125
Fatal period. Usually within an hour, but
death has occurred in three minutes, in ten min-
utes and after many hours and even days.
Pliosphonis. The symptoms are slow in appear-
ing : they may not occur for some hours or even
days. A disagreeable taste resembling garlic is
peculiar to phosphorus ; the breath has a garlic
odour ; an acrid burning sensation in the throat ;
intense thirst ; severe pain and heat with a pricking
sensation in the stomach, followed by distention of
the abdomen ; nausea and vomiting continuing
until death ; the first vomited matters are dark
green or like coffee grounds, emit the odour of
garlic, and white vapours, and sometimes appear
phosphorescent in the dark ; purging is often caused,
and the motions are luminous in the dark. Pupils
dilated, cold perspiration, great anxiety. Pulse
small, frequent, prostration of strength, and other
symptoms of collapse.
Urine highly albuminous and apt to be sup-
pressed. Chronic cases from this poison are apt to
be fatal and may result from the vapours of phos-
phorus in the manufacture of matches.
Fatal Dose. One tenth of a grain has proved
fatal, sucking two matches killed one child and the
tops of eight matches killed another older child.
Fatal Period. Usually one to five days.
Alkalies . These may be taken by accident, in
the form of pearlash or soap-lees. They produce
an acrid, caustic taste, and, if strong, soften and
corrode the lining membranes ; burning heat in
12G ' Di'TlES OF COROXEIiS.
the throat, extendinf^ down the gullet to the pit of
the stomach ; when vomiting occurs, the vomited
matters are sometimes mixed with blood of a dark
brown colour, and portions of the nmcous mem-
brane ; purging, with severe pain in the abdomen,
resembling colic ; the lips, tongue and throat soon
become swollen, soft and red. Pulse quick and
feeble, countenance anxious. Body covered with
a cold and clammy sweat. Kespiration rapid.
Fatal Period. From a few hours to months.
Fatal Dose. Half an ounce of caustic potash
is usually fatal.
Ammonia and its ci^rbonate produce symptoms
similar to the above.
Arsenic. The symptoms may commence within
a few minutes of the act of swaljowing, or may be
delayed for several hours ; in general they com-
mence within an hour ; faintness, depression and
nausea, with intense burning pain in the region of
the stomach, increased by pressure; the pain in the
abdomen becomes more and more severe, and there
is violent vomiting of a brown, turbid matter,
mixed with mucus, and sometimes streaked with
Wood ; purging, more or less violent, accompanied
by severe cramps in the calves of the legs ; dryness
and burning heat in the throat, with intense thirst ;
pulse small, irregular, scarcely perceptible ; skin
sometimes hot, at others cold ; great restlessness,
and painful respiration ; before death, coma, para-
lysis and tetanic convulsions or spasms in the
muscles of the extremities. The symptoms are
generally continuous, but sometimes there are
in'TiKS OF ronnxnns.
127
remissions and even intermissions. Tiie pain,
which is compared to a burning,' coal, is sometimes
absent, and there may be neither vomiting nor
pnrging, although the former is seldom wanting.
The intense thirst is sometimes absent, and occas-
sionally the symptoms almost resemble those of a
narcotic poison.
Some cases resemble cholera morbus, while
others indicate severe nervous disturbance. There
may be immediate collapse. Other cases resemble
those of narcotics, the autopsy frequently revealing
no trace of inflammation of the stomach. In cases
of recovery from the first effects, or of poisoning by
repeated small doses, there will be inflammation of
the conjunctiva, suffusion of the eyes, and intoller-
ance of light. A peculiar eruption is often pro-
duced, resembling nettle-rash. Local paralysis,
preceded by numbness or tingling of the fingers
and toes, are of frequent occurrence. Salivation,
strangury, exfoliation of the cuticle and skin of the
tongue, with falling off of the hair, foetor of the
breath and emaciation, are all symptoms of chronic
poisoning.
It is very d^^ngerous to use arsenic externally
as a face powder, or in soap, or in any other way.
Arsenic is ut:ed to harden lead in making shot,
and the use of shot in cleaning bottles, <&c., may
contribute a trace of the poison.
If white arsenic in the solid state is found in the
stomach, it cannot have come from wall paper,
clothing, cooking vessels, &c.
128 JjLT/J:^ of COROXJiliS.
Arsenic is not Ji normal constituent of the
human body, nor is it found in the soil in a sohible
state, and hence there is no danger of a dead body
imbibing' this poison after burial from the surround-
ing earth. Yot in cases where bodies are exhumed
there is danger of some of the earth being sent
with the portions selected for analysis, and conse-
quently in these cases tlie chemist should call for
a sample of the surrounding earth from the place of
burial if death is suspected by poison.^
lieese states that arsenic is not a cumulative
poison.
Arsenic possesses a strong anticeptic power,
causing the preservation of the body for a, long
period, and thereby rendering it possible to detect
the poison after burial for a long time. In one
case it was detected after fourteen years. This
power in arsenic is not always exerted.
The first symptoms ordinarily appear in half an
hour to an hour, but they have been immediate.
Fatal dose. Two grains, but recoveries have
taken place after doses of one to two ounces.
" ^"-Z period. The majority of cases end
■f' vvithin twenty-four hours, and these gener-
within eight or ten hours. One death is
.ecorded by Dr. Taylor in twenty minutes from a
large dose.
^A case occurred in Ontario where strong suspicions of poisoning by
arsenic were created by tlie discovery of that poison during the analysis,
but an examination of portions of eartli from the grave-yard in which
the body had been buried at once allayed these suspicions. Care, how-
ever, must be taken not to confound arsenic communicated by the soil
to the body with arsenic communicated from the body to the adjacent
soil.
bUTlES OF CO/iUXKll.S. 129
Chloride of inercurij or corrosive suhlimnte.
The symptoms come on immediately, or after a few
minutes, the poison exerting a chemical or corro-
sive action on the animal membranes. A strong
metallic taste is perceived in the mouth, a sense of
constriction of the throat during the act of swallow-
ing, amounting almost to choking, and a burning
heat in the throat, extending to the stomach ;
shortly a violent pain is felt in this organ, and over
the whole abdomen, increased by pressure ; fre-
quent vomiting of lon^, stringy masses of white
mucus, mixed with blood, together with profuse
purg \g, the evacuations being of a nuicus charac-
ter, and sometimes streaked with blood ; pulse
small, frequent and irregular ; tongue white and
shrivelled ; skin cold and clannny ; respiration
difficult ; intense thirst; and death is connnonly
preceded by syncope, convulsions and general
insensibility ; urine often suppressed ; salivation
is sometimes produced in a few he urs, but more
generally only after the lapse of soixie days, if the
patient survives so long ; sometimes the mucus
membranes of the mouth are uninjured, and pam
on pressure is occasionally absent. When taken
in small doses at intervals, colicky pains, nausea,
vomiting and general uneasiness are produced;
the salivary glands become painful, inflamed and
ulcerated, the tongue and gums red and swollen,
and the breath has a peculiarly offensive odour ;
difficulty in swallowing and breathing. Salivation
often occurs, but this may be produced in some
persons by very small doies of calomel. Calomel
B.C.— 9 «
130 DUTIES OF COROXERS.
occasionally acts as a poison, even in small doses,
apparently from the idiosyncrasy of the individual.
Excessive salivation and gangrene of the salivary
glands may be produced.
A bluish line is sometimes found at the edge of
the gums as in lead poisoning.
Fatal dose. For an adult three grains.
Fatal period. Generally from one to five days,
but death has occured in half an hour.
''''^''^'^ of Lead. Acetaite and carbonate of lead
proci i' colic and constipation of the bowels ; the
vomiting is commonly not very violent ; pain in the
mouth, throat and stomach are commonly observed ;
sometimes dragging pains in the loins, cramps and
paralysis of the lower extremities, are produced.
The symptoms often remain for a long time, return-
ing again and again. The carbonate is not so
poisonous as the acetate, requiring large doses to
produce any very serious effect ; but when swallowed
in small quantities for a length of time, it produces
the usual symptoms of lead poisoning (painter's
colic). The pain in the stomach is generally
relieved by pressure, and has intermissions. If
any fieces are passed, they are usually of a dark
colour. A peculiarly well marked character in
oases of poisoning by lead, especially when the
poison has been gradually absorbed during a con-
siderable period, is a clearly defined blue line round
the gums, where they join the teeth. Occasion-
ally purging is produced, and sometimes the
symptoms reappear after the patient has appar-
ently recovered. Chronic poisoning by lead may
DUTIES OF COROyERS. 131
occur among persons exposed to the powder of
many preparations of that metal, especially white
lead, and may also be car ed to a certain extent by
the continued use of some nair-dyes. Even hand-
ling articles containing lead m-.y, under some
circumstances, produce paralysis. Chronic poison-
ing may also be caused by the use of certain
waters, when kept in leaden cisterns.
Bain water or water from snow should never be
kept in leaden utensils, or used when drawn through
leaden pipes.
Fatal Dose. Uncertain. An ounce has been
taker without fatal effects, but a less quantity may
occasion alarming symptoms.
Fatal Period. From a few hours to several
days.
Coiypev. Poisoning by the sulphate or acetate
of copper (blue vitriol and verdigris) is not common,
owing to the colour and strong taste of these salts ;
but serious effects may be produced by the use of
pickles and other culinary preparations made in
copper vessels.
Even water drawn from a copper boiler may be
dangerous to use.
When a considerable quantity of either of the
above salts 'las been taken, the following symptoms
are usually observed : — MetalMc taste ; constriction
of the threat ; griping pains in the stomach and
bowels ; pain in the abdomen, increased on pres-
sure ; increased How of saliva; purging and vomiting,
the vomited matter being generally of a bluish or
greenish colour, and that from the bowels greenish
132 ■ DUTIEU OF COROXERS.
and tinged with blood. Prof. Tidy states that
jaundice is the specially diagnostic symptom of
copper poisoning.
When the poison is absorbed, the breathing
becomes hurried and difficult ; quick pulse ; weak-
ness ; thirst ; coldness and paralysis of the limbs ;
headache ; stupor and convulsions. A green paint
made of the oxychloride of copper (Brunswick
green) has sometimes caused death when taken
into the stomach ; and articles of food containing
salt, if left in copper vessels, are apt to become
injurious. When chronic poisoning ensues from
the after effects of a large quantity of some prepara-
tion of copper, or from the gradual assimilation of
small quantities, excessive irritability of the alimen-
tary canal is established, with tenderness of the
abdomen, and colicky pains resembling dysentery ;
frequent tendency to evacuate and to vomit ; loss
of appetite ; prostration and paral3'sis.
Fatal Dose. Half an ounce of verdigris has
proved fatal, and an ounce of the sulphate, but
larger quantities have been taken without fatal
results.
Fatal Period. From four to twelve hours.
Antimony. Although several of the prepara-
tions of antimo ''•, especially tartar-emetic, are
largely used in medicine, and occasionally in large
quantities, they may at all times, and under pe-
culiar circumstances, act as poisons ; children, for
instance, having been frequently killed by com-
paratively small doses of tartar-emetic. When a
large quantity has been swallowed a metallic taste
DUTIES OF CORONERS.
133
is noticed, followed in a few minutes by violent
vomiting ; pain in the stomach and bowels ; purg-
ing, and burning heat and choking in the throat ;
sometimes great thirst and flow of saliva ; cramps
in the arms and legs; sometimes severe tetanic
spasms ; coldness of the surface ; clammy perspi-
ration ; congested state of the head and face ; ex-
treme depression ; loss of muscular power ; pulse
small and feeble or barely perceptible ; respiration
short and painful ; lips and face livid ; eyes sunk ;
loss of voice ; incapacity for exertion ; wandering
or delirium, with loss of consciousness. These
symptoms do not all occur together : several may
be entirely absent, even the vomiting and purging.
Generally the quantity of urine is increased. Per-
sons may recover after taking a large dose of tartar-
emetic ; but if subjected to repeated doses during
recovery, fatal results may ensue. A peculiar
eruption, resembling small-pox, is sometimes ob-
served. When the poison has been administered
in small and repeated doses, chronic poisoning is
produced, which is principally characterized by
nausea, vomiting, watery purging, loss of voice
and strength ; great depression ; coldness of the
skin, and clammy perspiration.
Fatal Dose. Two or three grains have pro-
duced death, and doses up to an ounce have failed
to produce fatal results. Twenty to forty grains
are said to be the usual minimum fatal dose for an
adult.
Fatal Period, From an hour up to several
hours.
184 DUTIES OF COROXERS.
Zinc. Sulphate of zinc in an overdose pro-
duces pain in the abdomen, and violent vomiting
coming on almost immediately, and followed by
purging.
It has a strong metallic taste, with a burning
sensation and constriction of the throat, small and
frequent pulse, cold sweat, dilated pupils, coma
and death. It is a heart depressant.
Fatal Dose. In one case an ounce and a half
caused death in thirteen hours and a half, but the
fatal dose seems uncertain.
Chloride of zinc produces similar symptoms,
only more intense ; but acts also as a corrosive,
destroying the membranes and producing frothing.
Loss of voice may occur.
Fatal Period. The most rapid death was in
four hours, but cases may become chronic, lasting
for years aiid ending in stricture and exhaustion.
Iron. Green vitriol, or copperas, is sometimes
used as an abortive, and may produce violent pain,
vomiting and purging, sufficient to cause death.
Tin. Chloride of tin, dyer's salts, may be acci-
dentally swallowed. The effects are those of the
metallic irritants.
Nitrohenzole (essence of mirbane). This sub-
stance, when swallowed as a liquid or inhaled as
vapour, acts as a violent poison, in its effects very
much like prussic acid, but not nearly so rapid. A
blue colouration of the ski}i, and more especially of
the lips and nails, is very characteristic, resembling
Asiatic cholera.
DUTIES OF COROyERS. 135
The essence of mirbane resembles oil of bitter
almonds in its smell, and is sometimes used instead
of it in scents, soaps, etc.
Aniline acts very much in the same way as
nitrobenzole, the blue colour strongly marked.
Inhalation of the vapour causes symptoms like
intoxication. The aniline dyes are in many if not
all cases more or less poisonous, partly from the
dyes themselves, and partly from their often con-
taining arsenic, used during their preparation.
Carholic acid, when swallowed, causes a hot,
burning sensation, extending from the mouth to
the stomach. The lining membrane of the mouth
is whitened and hardened. There is severe pain
in the stomach, with vomiting of a frothy mucus.
Urine is often olive-green in colour. Skin cold
and clammy; lips, eyelids and ears livid; pupils
of the eyes contracted and insensible to light.
Breathing laboured and finally stertorous. The
breath and the air of the room smell strongly of
carbolic acid (tarry odour).
It is powerfully antiseptic. Coma usually pre-
cedes death and sometimes with convulsions.
Fatal Dose. Deaths have occurred from doses
of one to two ounces, but much less would prove
fatal — six or seven drops have produced dangerous
symptoms.
Fatal Period. — Death may happen in less than
an hour. In one recorded case it occurred within
ten minutes.
136 DUTIES OF CORONERS.
VEGETABLE AND ANIMAL IRKITANT8.
Savin is often used as an abortive, as from the
violent pain in the abdomen, vomiting and stran-
gury which it produces, it may sometimes have
that effect. Purging and sahvation are sometimes
observed.
Colchicum, which has been used intentionally
as a poison, produces burning pain in the gullet and
stomach ; great thirst, violent vomiting, and occa-
sionally violent bilious purging, dilated pupils, cold
skin, feeble pulse and rapid convulsions.
Fatal Dose. — Of the wine of the root, less than
half an ounce ; of the seeds, a table-spoonful, and
of the dried bulb, forty-eight grains, have proved
fatal.
Fatal Period. — Seven hours to several days.
Generally death results within twenty-four hours.
Of eight or nine persons, who in Montreal in 1873,
partook of colchicum supposing it was wine, live
of the cases terminated fatally within thirty-six
hours.
Cantha rides, which is sometimes used as an
abortive or as an aphrodisiac, produces burning in
the mouth and throat, with difficulty in swallowing;
violent pain in the abdomen; nausea, and vomiting
of bloody mucus ; great thirst and dryness of the
throat, but in some cases salivation ; incessant
desire to void urine, which becomes albuminous.
Purging is not always observed. The matters dis-
charged are mixed with blood and mucus. After a
DUTIES OF VOUOXERS. 137
time there is often severe priapism, and the genital
organs are swollen and inflamed. In fatal cases |
faintness, giddiness and convulsions sometimes I
occur. Owing to the popular idea of its aphrodisiac i
properties, this substance is sometimes administered I
on sweetmeats, such as lozenges. The shining
particles of the insect are easily recognizable under !
the microscope.
Fatal Dose. — Twenty-four grains of the powder ']
and an ounce of the tincture. f
Poisonous Mushrooms. — Symptoms, violent vom- f
iting, purging, abdominal pains, thirst, anxiety, ';
cold sweats with giddiness, dimness of vision, |
trembling, dilated pupils, delirium, stupor, convul- |
sions and death. The symptoms vary with different " . i
idiosyncrasies.
First Symptoms. — Within an hour.
NEUROTIC POISONS.
These poisons affect principally the brain, spinal
marrow and the nervous system. They possess
no corrosive properties; produce no local chemical
action; rarely give rise to vomiting or purging, and do
not commonly leave any marked appearances in the
stomach and bowels. Fulness of the vessels of the
brain and its membranes is sometimes observed, as
also a redness of the mucous membrane of the
stomach, in cases of poisoning by prussic acid.
Their principal symptoms are drowsiness, giddi-
ness, headache, delirium, stupor, coma and some-
times convulsions and paralysis.
b
138 DUTIES OF CORONERS.
CEREBRAL.
Ojniim, Laudanum. — The symptoms are giddi-
ness, drowsiness, tendency to sleep ; stupor,
succeeded by perfect insensibility. When in this
state the patient may be roused, but not at a later
stage, when coma has supervened with stertorous
breathing. The pulse is at first small, quick and
irregular; the respiration hurried; but later the
pulse is slow and full ; the breathing slow and ster-
torous. The expression of the countenance is
placid, pale and ghastly ; the eyes heavy, pupils
contracted and the lips livid ; vomiting and purging
are sometimes observed; convulsions are sometimes
produced, especially in children; and all secretions
are suspended, except by the skin, which is often
bathed in perspiration. The contraction of the
pupils is considered an important sign of opium-
23oisouing, but the same effect on the eyes has been
produced in apoplexy of the pons varolii and in
uroemic poisoning in Bright 's disease. The symp-
toms usually commence in from half an hour to an
hour, but sometimes in a few minutes. All the
preparations of opium and of poppies, as well as
morphia, act much in the same way; the latter
substance producing, in addition, excessive itching
of the skin, followed by an eruption, and frequently
causing convulsions.
The stupor or coma produced by burns and
scalds may be mistaken for opium-poisoning, as
there are no well-marked indications by which to
distinguish the one from the other. Prof. Tidy
Di'TiES OF conoyi:iis.
139
does not concur in Taylor's recommendation to
withhold opium from burnt children, since extreme
pain may be and often is fatal.
Fatal Dose. — Minimum four or five grains for
an adult. Two or three drops may be fatal to
young infants. Reese states that an infant may be
narcotized by the milk of a nurse who has taken
opium. On the other hand recoveries of adults
constantly take place from very large dost..; even
up to several ounces. J^e Quincy used nine ounces
of laudanuui or three hundred and sixty grains of
solid opium daily. The susceptibility to the effects
of opium is exceptionally great in some individuals.
A case is on record where an infant died from the
effects of a laudanum poultice placed over the
abdomen to relieve pain.
Fatal Period. — Seven to twelve hours in the
average cases with a wide range in some.
Morpldne. — Symptoms much the same as those
of opium but usually come on earlier and may
produce convulsions more frequently than opium
and occasionally of a tetanic character.
Fatal Dose.- Deaths have occurred from less
than three quarters of a grain and recoveries have
been made after taking seventy-five and even one
hundred and twenty grains. The external applica-
tion of this poison has proved fatal.
Chloroform. — Symptoms : Local irritation in
the stomach and stiuuilation of the system, rapidly
followed by narcotism, insensibility, stupor, con-
vulsions, dilated pupils (but sometimes contracted),
140 nVTIKS OF L'OROXERS.
flushed face, full and oppressed pulse and frothing
at the mouth.
Fatal Period. — Death may quickly follow if the
chloroform is not properly diluted with air, (the
average amount of vapour to act safely as an
anesthetic being three and a half per cent., the
maximum being four and a half per cent.). One
case proved fatal in one minute after breathing
thirty drops, and another in a very short time after
breathing the vapour of fifteen drops. Its action is
depressant when taken by inhalation, producing
syncope in most cases and in others asphyxia.
Reese states it is undoubtedly a far more dangerous
anaesthetic than ether. Other authorities hold
the reverse opinion. In fact it is said that the
question as to which is the safer to use is almost an
international one between the American and Eng-
lish physicians.
Fatal Dose. — A fluid drachm killed a boy four
years old in about three hours after swallowing it,
and death has often occurred from doses of half an
ounce and upwards. The maximum of vapour to
act safely is four and a half per cent.
Choral Hydrate. — Moderate doses act on the
brain as a hypnotic. Large doses have a strong
depressant action in the ganglia at the base of the
brain and on the spinal cord, producing feeble
action of the heart and lungs, with generally deep
sleep. Pulse very slow and feeble, face pale.
Fatal Dose. — Uncertain. Generally, thirty grains
may be taken as a safe maximum dose, but in some
DUTIES OF t'onuNEns.
141
cases that quantity has proved fatal. Tliis druf^
has a tendenc}' to accuiimlation and a sudden and
dangerous action. The doses should not he re-
peated under six or eight hours.
Ether. — The odour of this aufesthetic is easily
recognized when present. In large doses its
symptoms are similar to those of alcohol. A short
period of delirious excitement, then coma and other
symptoms of narcotism, lleese is of the opinion
that ether is a much safer anaesthetic than chloro-
form.
Pnissic or Hydrocyanic Acid. — The symptoms
occasioned by a large dose of this acid may occur
almost instantaneously, and are rarely delayed
beyond one or two minutes. Hence the first symp-
toms are seldom seen, but when the patient is
examined at the above period, he is found perfectly
insensible ; eyes fixed; prominent and glistening,
pupils dilated and unaffected by light ; limbs
flaccid; jaws fixed; frothing at the mouth; skin
cold and covered with clammy perspiration ; con-
vulsive respiration at long intervals ; pulse imper-
ceptible ; and involuntary evacuations are occasion-
ally passed. The respiration is slow, deep, gasping,
and sometimes heaving, sobbing and convulsive.
When a small quantity has been swallowed, the
patient has first experienced pain in the head, with
confusion of intellect ; giddiness, nausea ; a quick
pulse ; loss of muscular power ; shortness of breath
and palpitation. There is generally frothing at the
mouth, with a bloated appearance of the face, and
prominence of the eyes.
142 DUTIES OF cvroxkhs.
The peculiar odour of prussic acid is an impor-
tant thing to notice if present but its absence is no
proof of the non-existence of the poison. The
smell affects persons differently. With some
it produces a spasmodic constriction about tho
throat, even without the odour being detected;
with others it is suffocating or sickening with a
kind of " nipping " in the nostrils or a sensation of
dryness in the throat.
What is termed '* smell blindness " or " anoz-
ism," is said to be exceedingly common, and in the
case of prussic acid the powers of different persons,
(and apparently of the same persons at different
times) to perceive the odour, are much diversified.
Yet some chemists consider the odour when
perceived, one of the most delicate and positive
tests of prussic acid.^
Glycerine increases the stability of prussic acid
and may be useful if suspected substances have to
be kept a long time.
Fatal Dose. — For an adult, about fifty minims of
the officinal acid, equal to nine -tenths of a grain
of anhydrous acid. Fatal cases are recorded from
taking seven-tenths of a grain, and a case was
mentioned in the Lancet of a person dying from a
dose of less than a grain. The inhalation of the
vapour has proved fatal.
Fatal Period. — Generally ten to fifteen min-
utes, out death has occurred as early as two min-
utes. Sensibility and power of volition and loco-
motion, may cease in a few seconds.*^ An external
^ Browne & Stewart, pp. 63-G7.
- Taylor I, p. 380.
I) I' TIES OF CORoyEltS.
143
application of ttiis poison to a wound in the hand
cartsed deatii in one honr.
Oil of bitter almonds, bitter alniotd water,
laurel water, and cyanide of potassium may all
produce ettects similar to those caused by prussic
acid. Owin^,' to the extensive use of the last
named salt by photographers, many serious acci-
dents have happened. The kernels of poach,
apricot and cherry stones may »lso produce similar
symptoms if eatenin quantity.
Alcohol, when swallowed as raw spirits or hi^h
wines, may act as a poison. ])eath may be pro-
duced almost instantaneously, or the ordinary
symptoms of intoxication may come on after a few
minutes, ending in insensibility and convulsions,
which latter are often absent. With diluted alco-
hol excitement may be produced before stupor, but
with concentrated, profound coma may be induced
in a few minutes.
Acute alcoholism may be mistaken for opium-
poisoning and concussion of the brain. The odour
of the breath will generally reveal the nature of
the case.
Tobacco, w'hen swallowed in a solid form or as
an infusion, may produce faintness, nausea, vomit-
ing, giddiness, delirium, loss of power in the limo3,
relaxation of the nmscular system, trembling, com-
plete prostration of strength, coldness of the sur-
face, with cold, chunmy perspiration ; convulsive
movements ; paralysis and death. Sometimes
there is purging, with violent pain in the abdomen ;
sometimes a sense of sinking or depression in the
144 DUTIES OF COROXERS.
region of the heart ; sHght dilatation of the pupils ;
dimness of sight, with confusion of ideas ; weak
pulse and difficulty of breathing are also observed.
The poisonous principle of tobacco (nicotine)
will cause death with almost the same rapidity as
prussic acid, and with very similar symptoms.
The external application of tobacco to the
sound or abraded skin may produce fatal results.
A wet leaf applied to a child's throat for croup is
dangerous. Tobacco smoking has caused death.
Cigarettes are vrorse than cigars or pipes from the
custom of inlialing the smoke from the former and
thus poisoning the blood.
Fatal Period. — Snuff swallowed in whiskey
has caused death in one hour. An enema of
tobacco caused death in fifteen minutes in one case,
and in thirty-five minutes in another. A decoction
of tobacco applied to the skin of a man for an erup-
tive disease resulted in death in three hours.
Poison of Snakes. — As deaths from snake
poisoning may come under the notice of coroners
and medical witnesses, the subject may be briefly
noticed here. The bites of rattls snakes are the
only ones likely to interest Canadians. The late
Prof. Croft paid some attention to the question
and in a paper from him and read by Dr. White
before a joint meeting of the Canadian Institute, and
the Natural History Society of Toronto, according
to the Daily E7npire report, he stated that several
hours generally pass before any constitutional
effects are felt from the bite, although swelling of
the parts adjoining the wound would intervene in a
DUTIES OF CORONERS. 145
very short time. That in its properties the poison
very much resembled the alkaloids siicli as strych-
nine, morphine arid atrophine. He gnve a test of
iodine which produced with the poison an insoluble
precipitate, and he based upon this result the opinion
that iodine or its preparations, if quickly applied,
would no doubt prevent the constitutional effects
of the poison. Other remedies he mentioned were
the tubers of the Agave Virginica, the Peta and the
Dagger plant. He stated, also, that hi nters some-
times open the wound, fill it with gunpowder and
then blow up the powder, which he naturally termed
a somewhat heroic mode of treatment. Internal
remedies other than stimulants he considered use-
less, and stimulants only to sustain strength. He
mentioned also the snake-eating bird, the Pesano,
which when wounded by a snake-bite is said to eat
the Agave plant and then retui ^ to eat the snake.
SPINAL POISONS.
These poisons do not act on the brain, but on
the spinal marrow, producing violent convulsions
and rigidity of the muscles, resembling tetanus.
The most remarkable among them is mix vomica,
and the alkaloids strychnine which is contained in
the berries.
Nux Vomica. — The symptoms and treatment of
poisoning with nu omica, are the same as i», the
poisoning with strychnine.
B.C.— 10
V.
^ •
146 DUTIES OF CORONERS.
Fatal Dose. — Of the powder, 30 grains equal to
J grain strychnia, of the alcohoHc extract, three
grains.
Fatal Period. — Shortest, fifteen minutes.
Average, one to two hours.
Strychnine. — The taste of this substance is
intensely bitter, and at an interval of time varying
from a few mmutes to one hour or more, the person
who has taken it is seized with a feeling of suffoca-
tion and great difficulty of breathing. The head
and limbs are jerked ; the whole frame shudders
and trembles ; tetanic convulsions then suddenly
commence ; the limbs are stretched out, the
hands clenched, the head is bent backwards,
and the body assumes a bow-like form, sup-
ported on the head and feet (opisthotonos) ; the
soles of the feet are curved ; the abdomen hard and
tense ; the chest spasmodically fixed, so that
respiration seems arrested ; the eye-balls promi-
nent and staring ; the lips livid ; a peculiar sardonic
grin is noticed on the features. Between the par-
oxysms the intellect is perfectly clear ; but there
may be loss of consciousness before death. The
fits are intermittent, whereby poisoning by strych-
nine is distinguished from tetanus ; moreover, the
symptoms come on suddenly, almost without
warning. The attacks subside after a few minutes,
but return again rapidly, and may be induced by
very slight causes. The rigidity of the body and
arched position of the feet often remain after
death.
DUTIES OF CORONERS. 147
Upon the trial of Dr. Palmer for the murder of
John Parsons Cook, the most eminent men^among
the English physicians and analysts gave the most
contradictory evidence as to the possibility of
detecting strychnia.^
In strychnia cases the tissues should always be
sent for analysis at the same time as the stomach,
but in separate jars.^
Fatal Dose. — Half a grain to a grain for an
adult. One-sixteenth of a grain has proved fatal
to a child between two and three years old.
Fatal Period. — This varies. Deaths are
recorded in five, ten, fifteen, eighteen and thirty
minutes, and up to several hours. The patient
generally dies within two hours, and often in less
than an hour. The action of strychnine in the
form of powder, and in solution differs considerably.
As powder it is much slower, and in pills, if hard,
slower still. By hypodermic injection the most
intense effect is produced.^
But few of the other spinal poisons have been
used for felonious purposes, but accidents have not
. unfrequently happened from the accidental use of
the roots or leaves of certain plants. The follow-
ing may be mentioned as occurring in this country :
Cicuta maculata, musquash root, beaver poison.
The roots of this plant are sometimes mistaken for
parsnips. The symptoms are ^ddiness ; dimness
of sight ; headache, and difficulty of breathing ;
' For a valuable report of this trial see Browne & Stewart's Reports of
Trials for murder by Poisoning.
2 Browne & Stewart, p. 291.
3 Browne & Stewart, p. 287.
148 DUTIES OF CORONERS.
burning pain in the stomach, with vomiting, and
often convulsions preceding death.
CEREBRO-SPINAL.
Coniitm maculatum (spotted hemlock) varies in
its effects, producing sometimes stupor, tingling
sensation along the muscles, dilated pupils, head-
ache, coma and slight convulsions : at others par-
alysis of the muscular system. The Urst effects
are like intoxication.
Fatal dose. — One drop of conine is considered
a poisonous dose.
Fatal period. — Usually from one to three hours.
^thusa cyna/pium (naturalized). — The roots
maybe mistaken for turnips, and produce symptoms
resembling those of conium.
Slum lineare is a common plant in this country,
and would probably produce similar symptoms.
Aconitum napellus (monkshood or wolfsbane),
being often grown as a garden plant, may occasion-
ally give rise to accidents. Numbness and tingling
of the mouth and throat ; the same feeling in the
limbs ; giddiness ; loss of power ; frothing and
sense of swelling at the back of the throat, severe
pain in the abdomen, followed by vomiting and
purging, are the most common symptoms. Some-
times the patient is completely paralyzed, at others
there is dimness of sight and cerebral symptoms.
The root is sometimes mistaken for horse radish,
and the medicinal tincture may be taken by acci-
dent.
I
Dl'TIES OF COIWXKRS. 149
The characters and physiological action of com-
mercial aconitia vary greatly.
The tingling and numbness quickly produced
in and around the parts to which the alkaloidal
extract of aconite is applied, with the salivation and
sense of swelling at the back of the throat wliich
frequently follow, and which effects, or some of
them usually last from three to six hours or longer,
are peculiar to aconite, and consequently the taste
test is of the utmost value and should never be
omitted.
Stewart states that a substance previously
proved to be an alkaloid by its yielding precipitates
\vith most of the general re-agents for alkaloids,
and which when applied to the tongue and injected
under the skin of a small animal, produces the
effects already described is absolutely certain to be
aconitia.^
In cases of poisoning by aconite, death may
result from asphyxia, shock or syncope.
Fatal dose. — Variable, according to the strength
of the preparations, Yji of ^ grain and ^/ig of a grain
have produced death. In a newspaper report of a
recent inquest in England on the body of one Wil-
liam Wight, 721 of ^ grain is said to have caused
his death within three hours notwithstanding the
prompt efforts of a medical man to save his life.
Fatal loeriod. — Generally within three or four
hours. Th3 first symptoms usually occur in from
a few minutes to one or two hours.
^ Biuwne & Stewart, p. 576.
150 DUTIES OF CORONERS.
Belladonna (deadly nightshade). — The leaves^
berries and roots of atropa belladonna aro very-
poisonous. Symptoms : — Heat and dryness in the
mouth and throat, difficulty of swallowing, nausea,
giddiness, great dilatation of the pupil, loss of
vision, flushed face, sparkling eyes, delirium, con-
vulsions followed by stupor and coma.
Fatal dose. — Of atropine, the active principle
of belladonna, one-half to three-quarters of a grain
is considered a minimum fatal dose for an adult.
Fatal i)eriod. — Within twenty-four hours.
Datura stramonium (thorn apple, Jamestown
weed). — The seeds of this common plant are exceed-
ingly poisonous and often produce furious delirium,
difficulty in swallowing, dilated pupils, vomiting,
and, after a time, insensibility, which may termi-
nate in death.
DUTIES OF CORONERS.
151
CHAPTER V.
OF ANTIDOTES.
As coroners and medical witnesses may be
called upon to consider the effect of the treatment
adopted prior to the death of the person on whose
body the inquest is being held, this chapter on
antidotes and proper treatment in cases of poison-
ing, may be found useful on emergencies when
more complete works on the subject are not at
hand.
General BemarJis. — In many cases no antidotes
are known, and in other cases when available,
must be employed as soon after the administration
of the poison as possible. In the case of mechani-
cally corrosive poisons, little advantage can be
expected. The use of demulcent drinks may in
almost all cases be recommended, and also the
administration of emetics or clearing out the
stomach by means of appropriate apparatus, unless
vomiting has already taken place. The chemical
action of antidotes is either in neutralizing acids
or by forming substances more or less insoluble in
the juices of the stomach, whereby they become
wholly or partly inert, and may be gradually
removed.
SidphiLvic acid., (oil of vitriol). — Any substance
that will neutralize the acid may be used, as the
sulphates are mostly inert. Chalk, magnesi?
^im-itL'^.^,^^
If
152 DUTIES OF COROXE/US.
bicarbonate oi soda (baking powder), carbonate of
soda (washing soda), soap suds, ammonia, or even
pounded mortar may be used, copious diluents,
sucli as barley water, flaxseed tea, oil, &c. The
action of the strong acid on the passages is, however,
so violent, that little benefit can be expected, and
the same cause generally prevents the use of the
stomach pump, lieese says the stomach pump
should not be used from the risk of perforating the
softened oesophagus.
Nitric acid, (aqua fortis). — The above remarks
apply equally to this corrosive poison.
Hydrochloric acid, known also as Muriatic
acid and Spirit of Salt. — The same treatment as
for Sulphuric and Nitric acid should be adopted.
Oxalic acid, (known also in the arts as acid of
sugar). — Finely pounded chalk or whitening is
probably the best antidote ; any substance contain-
ing carbonate of lime, such as mortar, scrapings of
whitewashed walls, may be used, mixed with milk
or lime-W'ater and oil. Opium relieves the severity
of the symptoms, bat the alkalies and their carbon-
ates, potash, soda or ammonia would be of no
avail, as the oxalates of their bases are soluble and
poisonous. In cases of poisoning by any of these
salts, the most efficacious antidote would probably
be chalk partly dissolved in vinegar.
Phosphorous. — No direct antidote is known.
Probably the administration of emetics is all tliat
could be of any service, with subsequent use of
weak soda or lime water.
DUTIES OF COROXEliS.
153
Albuminous aud inucilaf(inous drinks, holding
hydrate of magnesia in suspension rriay be used.
Oil is objectionable as it tends to diffuse
the poison. Oil of turpentine if given early
is said to be a reliable antidote — the old oil and
not the fresli hydrocarbon. Oxygenated water
introduced through a tube — the inhalation of free
oxygen into the lungs — animal charcoal and nitrate
of silver, are reconnnended.
AlIialicH. — Weak acids, such as dilute vinegar,
tartaric or citric acid (lemon juice) may be freely
used. Mucilaginous drinks and sweet oil may
be added. The stomach pump should not be used.
Opium will relieve the pain, and stimulants may be
given to counteract the depression.
Arsenic {Arsenious acid). — liydrated peroxide of
iron is imdoubtedly a good antidote, administered
by spoonfuls in milk every half liour. It cannot be
said that the oxide will neutralize solid pieces of
white arsenic, but it will act upon it as fast as it
dissolves, and w411 thus give time for its removal
from the bowels.
Reese states that vomiting should be induced,
if not active, by a quick emetic, (sulphate of zinc
and ipecac) or a draft of nnistard water, and that
warm diluent drinks or demulcents, such as arrow-
root, mucilage, &c. and chalk, are useful, followed
by the use of hydrated susquioxide of iron in large
doses, frequently repeated, and afterwards by a
dose of castor oil.
The effects of arsenic are modified by the sim-
ultaneous use of alcohol or opium.
154 DUTIES OF COnONERS.
When the poison has been a salt of arsenioua
acid, a sohition of acetate of the peroxide of iron
must be used at the same time, as when an
overdose of Fowler's solution has been taken.
Hydrated oxide of magnesium, obtained by
adding liquor potassoe to a solution of Epsom salts,
may be used instead of the iron preparation ; also,
as above, the acetate of magnesia may be required,
which is easily obtained by dissolving the carbon-
ate in vinegar.
Chloride of Merciir/j or Corrosive suhlimate. —
The white of two or three eggs is perhaps the best
remedy ; it is not advisable to use a larger quantity.
Finely divided metallic iron has been recommended
as reducing the salt to the form of metallic mer-
cury, which is comparatively inert. Vomiting
should be induced by the free use of warm diluent
drinks, glutin or wheat flour in a paste and milk,
should be used.
A weak solution of liver of potash (sulphide of
potassium) might form the insoluble sulpnide of
mercury, but this potash salt is not altogether
harmless itself.
Lead. — Dilute sulphuric acid, when white lead
has been swallowed, or a solution of Epsom salts or
Glauber's salts, when any salt such as sugar of
lead has been taken. For persons exposed to the
dust of white lead, a lemonade made with sulphuric
acid is a tolerably sure preventive of ill effects.
The free drinking of milk has been recom-
mended as an antidote to lead poisoning. Keese
recommends the soluble alkaline and earthy sul-
DUTIES OF COROXERS.
155
phates, especially the sulphate of niaf(nesiiiin, and
vomiting should be early promoted by zinc sul-
phate, followed by opium and castor oil if necessar^ .
Copper. — Sugar, or rather honey, has been
reconnnended as an antidote to salts of this metal,
as the oxide may thereby be reduced to the form
of suboxide ; its action, however, is somewhat
doubtful. Fine iron filings have also been pro-
posed, by which the metal njay be separated. Pro-
bably white of egg and milk are the best substances
that can be administered. Vomiting should be
assisted , yellow pru.;siate (ferrocyanide) of potas-
sium may be used.
Antimonij. — Probably strong green tea, coffee,
galls or any vegetable astringent substance contain-
ing tannin, would be ellicacious, if the vomiting
caused by antimonial preparations did not prevent
their retention. Hydrated peroxide of iron has
been recommended. The stomach pump may be
used, washing soda in not too strong solution may
do good. Follow' with opium and stimulants.
Zinc. — There does not seem to be any direct
chemical antidote for this poison, beyond ordinary
medical treatment. Use mucilaginous drinks and
milk freely. Albumen is said to be the best anti-
dote. Opium w^ill allay the irritation.
Cantharides. — No chemical antidote is known.
Evacuate by emetics and cathartics (castor oil),
opium and stimulants.
Till. — White of egg may counteract the irri-
tant effects of chloride of tin, dyers' salt.
156 DUTIES OF COROXKRS.
Nitrohenzole (essence of niirbane). — No {intidote
is known.
Aniline. — No antidote is known.
CarhoUc acid. — The speedy nse of the stomach
pump and washing out with water is probably the
most effectual treatment. Emetics of mustard
water and sulphate of zinc, albumin, oil and demul-
cents, or a solution of soap, may be tried. Sulphate
of sodium and saccharate of lime, are said to be
antidotes. Oil should be applied to the skin and
stimulants freely given to prevent collapse.
PrusHic or Hi/droci/anic acid. — For the organic
poisons few, if any, antidotes are known. The
action of prussic acid is so rapid that there would
seldom be time to administer any. Possibly
salts of iron with magnesia might be of service.
When only a small quantity has been taken, or the
vapour inhaled, dousing with cold water nuiy be
recommended, followed by cautious inhalation of
diluted ammonia and chlorine vapours, with stimu-
lants applied internally and externally.
Colchicum. — There is no known antidote.
Opium, Ldudanum. — Use the stomach pump
or emetics (sulphate of zinc or mustard water).
The injection hypodermically of a two per cent.
solution of apomorphine is reco?nmended if the
patient cannot swallow. Rouse the patient by
dashing cold water over the face and chest, and by
making him walk about and give him strong coffee.
Prof, lieese says atropine should then be carefully
administered hypodermically, every half hour watch-
DVTIKS OF LVnOXKRS. 157
ing its effects upon the pupils, and that electro-
nia.i^netism should he eni})loyed, also artificial
respiration, if the other remedies fail. Alcohol is
supposed to postpone the symptoms, and it is said
that atropine and picrotoxin aie antidotes.
Morphine. — Se(> ti^atment under opium.
Alcohol. — Use the stomach pump or an emetic,
cold water to the head. Plenty of fresh air, gal-
vanism, ammonia and coffee.
Chlorofonn. — If taken in li(|uid form, the sto-
mach pump should be used, or a prompt emetic,
followed by stinndants. If inhaled, fresh air should
he admitted and cold water applied to the face and
chest. Suspending the body by the feet has
proved successful. The tongue should be drawn
out of the mouth to facilitate respiration. Artificial
respiration and a direct galvanic current should be
used.
Chloral Hijdrate. — Picrotoxin has been used
successfully.
Htrijcluiine. — The most equally poisonous alka-
loid, curarine, has been recommended as overcom-
ing the effects of strychnine in a remarkable manner.
Strong coffee or other astringents may be used,
and chloroform has been employed with success in
some cases, enabling the system to get rid of the
poison in a few hours. Give large draughts of
warm mustard v,ater or a dose of ipecac and sul-
phate of zinc. If possible use the stomach pump.
Chloroform by inhalation, Prof. Keese states,
appears to have been attended with the happiest
158 DUTIES OF COROXERS.
results, the patient being kept under its influence,
\;arefully watching its effects. He strongly advi^ies
its early administration. Potassium bromide,
hydrate of chloral, nitrate of amyl and atropine,
are recommended. Paraldehyde, uretham and luti.
dine, have been given as antidotes. Reese deems
tobacco, tincture of iron, tincture of iodine and
aconite of no value. Stewart says chloroform is
the direct antidote tc strychnine, and he considers
that most cases could be saved if, on the approach
of the convulsions, the patients could be put vigour-
ously under the action of chloroform. He also
thinks tannin may be useful as an adjunct, as it pre-
cipitates strychnia as well as most other alkaloids.
Aconite, Aconitine (the active alkaloid principle
■of aconite). — There is no chemical antidote. The
stomach should be emptied by the stomach pump
or an active emetic. Animal charcoal, tannin or
astringent infusions, are recommended, and slight
galvanic shocks passed through the heart, and
artificial respiration. The inhalation or oxygen
might be of some advantage. Strychnine being
antagonistic to aconitine, might be used with cau-
tion. Prof. Eeese states that the cases reported
warrant the use of digitalis as an antidote.
Belladonna, atropine (the active principle of
belladonna). — There is no chemical antidote. Eva-
r -.ate the stomach The physiological antidote is
morvliine, wrxli should be carefully and repeatedl}^
admin^'stered. The subcutaneous injection oipilo-
carjjinc has been found effectual.
DUTIES OF CORONERS. 159
Dat'ra stramonium. — The treatment should be
the same as for belladonna.
Conium maculatuin. (spotted hemlock). — Eme-
tics or stomach pump, followed by castor oil and
stimulants.
CHAPTER VI.
OF WOUNDS AND BRUISES.
Sec. 1.— examination OF WOUNDS 159
" 2; -CHARACTERS OF A WOUND INFLICTED DURING
LIFE Ifil
" 3.— CHARACTERS OF A WOUND MADE AFTER DEATH Ki'i
'• 4.— PRACTICAL REMARKS 163
Sec. 1.— EXAMINATION OF WOUNDS.
The wounds on a dead body should be
examined as to their situation, form, extent,
length, breadth, depth and direction. And the
presence or absence of eft'used blood, either liquid
or coagulated, and of ecchymosis in the skin, should
be noticed. The surrounding parts and edges of
wounds should also be carefully examined, care
being taken not to destroy the external appear-
ances more "-han can possibly be helped, as these
often afford valuable evidence in identifying the
weapons used.^ The dissection, too, should not be
1 Taylor, Vol. t p. x.dS.
160 DUTIES OF COROXERS.
confined to the injured part, particularly when
the death would not apparently be caused by the
wounds found on the body. All the organs and
cavities should be carefully inspected, to see if any
n{>tural cause of death existed.^ Deaths appar-
ently caused by violence have sometimes been
really caused by poison. This was the case in an
instance mentioned by Dr. Taylor. A girl died
apparently from a severe chastisement inflicted by
her father for stealing, but the death being rather
more sudden than would be expected from the
nature of the injuries, the surgeon examined the
stomach, in which he found arsenic. The girl, to
avoid her father's anger, had poisoned herself.^
Such cases shew the necessity of examining the
stomach, no matter how unconnected with that
cavity the apparent cause of death may be. By
an examination of the stomach important evidence
relating to the time of death is sometimes dis-
covered from the absence or presence of food
therein, and when present, from its nature and
degree of digestion.
A medical witness who has examined the body
should not only be able prove he founi wounds
or injuries sufficient to account for death, but he
should be able to go farther, and prove that no
other cause of death could be found. To do this
he niust examine all the organs and cavities.
In cases of exhumation, injuries or fractures by
pick or shovel of the grave-digger, may sometimes
be mistaken for violence inflicted during life.^
1 Taylor, Vol. I. p. 485.
-Taylor, Vol. I. p. 48.5.
3 Tidy, Vol. I. p. 85.
DUTIES OF COROXKRS.
161
The effects of vermin on a body may resemble^
and should not be mistaken for womids/
Sec. 2.— CEIARACTWRS OF A WOUND INFLICTED DURING
LIFE.
Dr. Taylor says the principal characters of a
wound intlicted during life are: — 1. Eversion of the
edges, owing to vital elasticity of the skin. 2.
Abundant hemorrhage, often of an arterial charac-
ter, with general sanguineous infiltration of the
surrounding parts. 3. The presence of coagula.
There may be no appearance of bleeding but
the edges will be everted and the muscles and skin
retracted."
It seems wounds which prove immediately fatal
do not alw ays present any characters by which to
distinguish them from wounds made upon the dead
body. Wounds which prove fatal within ten or
twelve hours present throughout much the same
characters.^
The presence of gangrene, the effusion of ad-
hesive or purulent matter, or swollen and enlarged
edges, and the connnencement of cicatrization,
prove the wound was made sometime before
death.* A burn which has occurred during life
will, in, general, leave marks of vesication with
serous effusion, or a line of redness, or botli, about
the burnt part.'^
1 Tidy, Vol. I. p. 92.
= Taylor, Vol. I. p. 487.
3 Taylor, Vol. I. p. 487.
* Ta;, 'or. Vol. I. p. 487.
» Taylor, Vol. I. p. 709.
B. c.-ll
162 DUTIES OF CORONEIiS.
A bruise produced during life, may not be ap-
parent in a dead body when first recovered after
some days submersion in water, but after a very
few hours exposure to air it will probably show
itself with even exaggerated severity.^
Bec. 3.— characters OF A WOUND MADE AFTER DEATH.
The following are the chief characters of a
wound made after death, as given by Dr. Taylor :
— 1. Absence of copious hemorrhage. 2. If there
be hemoiThage, it is exclusively venous. 3. The
edges of the wound are close, not everted. 4.
There is no sanguineous infiltration in the cellular
tissue. 5. There is an absence of coagula.
When wounds are inflicted soon after death, it
becomes more difficult to distinguish them from
those made during life, according to the length of
time that has elapsed since the breath left the
body. The characters of a wound upon the dead
body, made twelve or fourteen hours after death,
are distinctly marked, but if inflicted before twelve
or fourteen hours have elapsed, they become less
and less distinct, until medical testimony can prove
no more than that the wound was made during life,
or very shortl}^ after death. ^
Cuts and stabs, if made during life, bleed pro-
fusely, but much less, if at all, when made after
death, so that the quantity of blood lost is some-
thing to judge from in these cases. Lacerated and
' Tidy, Vol. I. p. 81.
- Taylor, Vol. 1. p. 487.
DUTIES OF COROXEns. 163
contused wounds, however, do not always cause
much hemorrha''e.^
Sec. 4— practical REMARKS.
The discoloration of the skin (called ecchymosis)
which usually follows contusions and contused
Avounds, does not always take place around or even
near the seat of injury. Sometimes it is found at
some distance, and leads to mistakes as to the
exact place of the injury, or to the number of
injuries received. These discolored parts are gener-
ally recognized as not being the immediate seat of
the violence from the skin over them being smooth
and unabraded.^
This discoloration often proceeds from natural
causes. Aged persons sometimes have it on their
legs and feet.^ Persons severely afflicted with
scurvy will get it on the slightest pressure.'* After
death cadaveric ccch3'mosis or lividities repeatedly
occur l)oth externally and internally, particularly
if the person died suddenly, in diffused patches, in
stripes, traversing and intersecting each other in
all directions, and in spots varying in size.
They do not occur on those portions of the
body that are sul)jected to pressure, such as by
actual contact with a bed, hence the surface on
which a body rests may produce stripes which to
the unprofessional observer would present the
appearance of being the effect of blows from a
' Taylor, Vol. I, pp. 488, 489.
-Taylor, Vol. I. p. 4!»0.
3 Taylor, Vol. I. p. 4!)4.
* Taylor, Vol. X. p. 495.
164 DUTIES OF COnOXEliS.
stick or other violence,^ or a line round the neck
having the appearance of the mark of a cord, may
be produced. But whether proceeding from in-
firmity or disease in the hving, or from congestion
or gravitation in the dead, a surgeon can pretty
readily distinguish this kind of discoloration from
that produced by blows. Almost invariably the
cutis alone is found discolored when the skin is cut
into, and the extravasation of blood, compared to
the size of the marks, is slight.^
Post mortem lividities appear only on dependent
parts of the body, are irregular in shape, with well
defined edges, are not elevated above the skin, the
colour is uniformly dark, and remains tolerably
constant until putrefaction sets in. No zones of
colour form round the edges. In life bruises the
position depends on the seat of the injury, they
often have the shape of the inflicting instrument,
effused blood flows upon incision, the colour is not
generally uniform, the bruised parts often elevated
above the surrounding skin, the dark purple colour
after eighteen to twenty hours, or sometimes as
late as two or three days, becomes highly tinted at
the edges, and more or less violet coloured, and is
succeeded by various shades of green, yellow and
lemon, the centre always being the darkest pait.
During these changes the spot enlarges. There is
effused blood into the true skin. Internal lividities
may sometimes resemble the effect of diseases or
injuries, such as congestive apoplexy of the head
' Taylor, Vol. I. p. 495 ; Tidy, Vol. I. p. 65.
2 Taylor, Vol. I. p. 495.
DUTIES OF CORONERS.
165
or lungs, meningitis, injury to the back during life,
inflammation of the intestines.^
Putrefaction will also produce suspicious-looking
marks on dead bodies, hut their general characters
are well distinguished, and cannot easily be con-
founded with marks of violence.^
While we bear in mind that apparent marks of
violence found on dead bodies are often the result
of natural causes, we nnist at the same time
remember that severe internal ruptures and lacera-
tions may occur from violence, without there being
any external discoloration to indicate their cause.'*
These ruptures can be distinguished from those
occurring from natural causes by the absence of
disease in the organ injured.^
AVounds made with a cutting or stabbing instru-
ment can generally be recognized by their appear-
ance. The edges are clean and regular. The
wound produced by a stab is apparently smaller
than the instrument used, owing to the elasticity
of the skin; but sometimes, from its mode of in-
fliction, it is larger. When the weapon passes
through the body, the exit wound is usually smaller
than the entrance aperture.^
Wounds are often accounted for by stating the
party injured fell upon stones, glass, crockery, or
other sharp substance, and wounded himself. A
careful examination of the wounds will generally
1 Tidy, Vol. I. p. 60.
= Taylor, Vol. I. p. 4')6.
^ Taylor, Vol. I. p. 4%.
■» Taylor, Vol. I. p. 4i)4.
' Taylor, Vol. I. p. 499.
166 DUTIES or vonoyERs.
expose any pretence of the kind. Accidental in-
juries of this nature present marks of laceration
and irregularity.
C'ontused wounds are the most diilicult to deal
with. They can seldom be positively ascribed
either to [criminal violence or to mere accident,
from an examination alone. The number, extent
and position of the injuries may help to explain
their origin. An accidental fall will seldom pro-
duce a number of wounds, nor will there be a very
copious effusion of blood beneath the skin, nor will
such a fall usually wound the top of the head.
Contused wounds on bony surfaces sometimes look
as though made with a cutting instrument.^
An examination of the dress worn over the parts
wounded may assist in discovering the nature of the
injury. A cutting weapon will divide the dress with
clean edges, but a dull instrument will seldom divide
it at all, and if it does, the edges will generally
be ragged. Any dirt or other substance near the
injury to the dress should be noted, and the in-
strument by which the wound is supposed to be
made examined for similar substances.
Evidence as to whether a wound is the result
of suicide, homicide or accident, can sometimes be
gathered from a close examination of its situation,
direction, shape and extent. Coroners cannot be
too particular in gathering the minuticB of wounds
from a medical witness, for if anything important
is omitted at the inquest, any further examination
of the body is seldom practicable.
1 Taylor, Vol. I. p. 502.
iJi'TlES OF COltOXKliS. 107
The weapon with which a wound is produced is
not always covered with blood, particularly if the
wound is a stab. Sometimes no blood is found on
the weapon, or there is only a slij^ht film, which,
on drying, gives to the surface a yellowish-brown
colour.^ When blood is found, the manner in
which it is diffused over the weapon should be
carefully noticed.'^ Any hair or Hbres adhering to
the weapon, or imbedded in blood on the weapon,
should be examined with a microscope or powerful
lens, and its nature — whether human hair or not,
or cotton, woollen or other fibres — ascertained.'*
Foreign substances, such as wadding, paper, hay-
seeds, etc., found in wounds, may afford strong
evidence of their origin if carefully examined.^
Mud found on clothing may serve to connect the
accused with an act of murder, if there is anything
peculiar in the soil, where the nuu'der is com-
mitted. The mud should be examined miscro-
scopically.^
Scorched hairs away from the actual seat of a
burn are suggestive of its origin having been a
flame. ^
In all cases of death from violence or maltreat-
ment, the mortal injury is nob necessarily specific
and well-defined, for death may result from shock,
without there being any visible internal or exter-
nal lesion. The shock may be occasioned by a
1 Taylor, Vol. I. p. 536.
- Taylor, Vol. I. p. 53().
■' Taylor, Vol. I. p. 537.
■« -Taylor, Vol. I. pp. 538, 543.
'Taylor, Vol. I. p. 538.
"Ticiy, Vol. II. p. 95.
168 DUTIES OF COHONEltS.
fiiiif^lc blow, or by many injuries each comparatively
slight. ^ In such cases the age, constitution, and
the previous state of health or disease niay acceler-
ate or retard the fatal consecjuences.^
It is suflicient to constitute nnirder that the
party dies of the wound given by the prisoner,
although the wound was not originally mortal, but
became so in consequence of negligence or unskil-
ful ti-eatnient ; but it is otherwise when death
arises not from the wound, but from the unskilful
applications or operations used for the purpose of
curing it.'* In the one case death results from the
wound by improper treatment, in the other from
improper treatment irrespective of the wound.
When death is owing to the wound, it matters not
if more skilful treatment or more favourable cir-
cumstances Vv'ould have prevented the fatal result.
It is sufficient to prove that the death of the
party was accelerated by the malicious act of the
prisoner, although the former laboured under a
mortal disease at the time of the act.'' ^V man is
not bound to have his body always in so sound and
healthy a state as to warrant an unauthorized
assault upon him.
Severe wounds of the head, heart, great blood-
vessels of the neck, ruptures of the diaphragm and
of the bladder, generally prove rapidly fatal, and
immediately deprive the injured person of the
power of volition and locomotion : but cases are on
1 Taylor, Vol. I. p. 58(5.
• Taylor, Vol. I. p. 586.
••< 1 Hale, 428.
* 1 Hale, 4-28 ; Reuina v. Paine, C. C. C. 1^80.
DUTIES OF CORONKliS.
1G9
record of persons surviving for some time after
receiving such injuries, and retaining the power of
volition and locomotion, almost to the time of
death. By bearing such cases in mind, dilliculties
arising from the body being found at a distance
from where the injury could have been received,
etc., may be removed.^
A dilliculty may also occur from persons who
were near the scene of a murder at the time of its
committal, not having heard any cries or noise,
which can be explained in cases where the trachea
is found divided. An injury of this kind produces a
loss of voice. ^
Although, in cases of severe wounds persons
may survive long enough to perform various acts of
volition and locomotion, yet the infliction of a
mortal wound, particularly when accompanied with
much hemorrhage, will generally prevent all striKj-
gliug.^ This is important to know in some cases,
in order to fix the time of wounding. As long as
the injured party was struggling with his antag-
onist, it is pretty certain he was not thus wounded.
If the injured person has been stupid or insen-
sible previous to death, strict enquiries should be
made as to whether he was intoxicated or not.
When death ensues from rupture caused by
unauthorized violence, care should be taken to
ascertain if the part ruptured was in a diseased
condition or not, for if previous disease is established,
it may mitigate the offence of the assailant in some
1 Taylor, Vol. I. p. 634.
■ Taylor, Vol. I. p. G32.
3 Taylor, Vol. I. p. 034.
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rv
•^9,^
170 DUTIES OF COlloyERS.
cases. Severe ruptures of the various organs may
take place without there being any external signs
of injury to account for theni.^
There has been some discussion as to whether
people in trouble ever really die of an actual
' ' broken heart. ' ' The London Dailij News recently
stated that the late Sir George Pago entions an
actual case of broken heart cited by Dr. o . Mitchell,
of the Je%rson College, Philadelphia. The captain
of a packet, on which Dr. ^Mitchell was surgeon,
frequently conversed with him respecting a lady
who had promised to become his bride on his
return from the voyage tney were then making,
and he evinced great v/armth of feeling towards
her. On reaching port the captain was abruptly
informed the laay had married some one else.
Instantly the captain w^as observed to clasp his
hand to his breast and fall to the ground, and
almost immediately expire. A post-mortem re-
vealed that his heart was literally torn iu twain.
The tremendous propulsion of blood, consequent
upon such a violent shock, forced the powerful
muscular tissues asunder and life was at an end.
In cases of death from gunshot wDunds it is
sometimes very material to ascertain whether the
piece was fired near to or at a distance from the
injured person. Dr. McKay of the Nova Scotia
Medical Board and a graduate of the University of
Halifax and Royal College of Surgeons, England,
in his testimony on the trial of William Preeper
and Jane Doyle for the nnirder of Peter Doijle,
1 Tftylor, Vol. I. p. 605. ,_._ „
DUTIES OF CORONERS. 174
stated ''there are indicia in Medical Seienoe from
which it can be said at what distance small shot
were fired at the body.^
If the muzzle of the piece is near the body the
edges of the aperture of entrance will be torn and
lacerated, and will appear blackened. The clothes
will also be found blackened, and sometimes burnt.
If the muzzle is not in the immediate contact with
the body, the wound will be found rounded, or if
the bullet strikes obliquely, oval. When the piece is
fired at some little distance, the aperture of entrance
will be round or oval, the skin slightly depressed,
the edges appearing a little bruised, but no mark
of burning will be found.^
Prof. Tidy points out tbat it should not now be
regarded as certain proof that a shot was not fired
close to the person because of the absence of tattoo
marks, since the improvements in making powder,
obtain almost complete combustion of the carbon
particles.^
The depth of the wound and the internal effects
of it generally, will give some evidence of the force
of the projectile, ^nd from this some opinion may
be formed of the distance from which the shot
was fired, particularly if the capacity of the weapon,
its condition of cleanliness, and the nature of the
charge, can be ascertained.
If possible, the projectile in cases of gunshot
wounds should be carefully examined, and means
^ Preeper v. The Queen, 15 S. C. 401, an iiiatructivo ca^e on the
adniissioti of evidence.
- Taylor, Vol. I. p G85.
»Tidy, Vol. I. p. 164.
172 DUTIES OF CORONERS.
adopted to preserve its identity, should a trial be
at all likely to follow the inqiies^..
The gun or pistol should also be preserved and
proof of its identity secured, for its carrying capa-
city and condition as regards cleanliness, as well as
its ownership, may become important.
Several wounds may be produced on the same
body by a single bullet, by its splitting on angular
surfaces or projecting ridges of bone. A case once
occurred in which a ball, after entering a man's
body, divided into two pieces, which, passing
through one leg, lodged in the opposite one, thus
jR'Akiwg jive ivounds! three of entrance and two of
exit.
And Stanley in his work " Through the Dark
Continent," mentions an accident which occurred
to young Kalulu, one of his followers, from the
d"'" charge of a Snider rifle, by which he was
Wv. anded in eight places.^
The ball may also divide, and one portion pass
out of the body and the other lodge in it, leading
a, careless observer to suppose the whole ball had
made its exit.^
A number of wounds may also be due to the
piece having been loaded with two or more bullets.
In cases of suicide by pistol shots, the marks
indicating a near discharge of the pistol are
usually found and the marks of gunpowder on one
of the hands.
1 Vol. II. p. 115.
* Taylor, Vol. I. p. 687.
DUTIES OF VOROXERS.
173
A gun fired close to a person may cause death,
although merely loaded with wadding or even gun-
powder.^
It seems an assailant may occasionally be iden-
tified from the fiash of a gun on a dark night if the
distance is moderate and the smoke not great, but
Dr. Taylor appears to consider that the man who
declared he recognized a robber through the light
produced by a blow on his eye in the dark (!) pulled
the long bow.
And Prof. Tidy states that the subjective sen-
sation of flashes of light, called " seeing sparks,"
produced by a blow on tne eye-ball, is not worth
serious discussion in this connection.^
In the clearest moonlight a person cannot be
recognized at a greater distance than sixteen to
seventeen yards, or by star-light, further off than
ten to thirteen feet.^
It is possible that a chemical analysis of the
projectiles found in gunshot wounds may be of
service. Such an analysis may connect the pro-
jectiles with metal of a b.hnilar nature found on the
accused or in his use.
Should it be material to ascertain whether a
gunshot wound was received while retreating from
or approaching towards a person who fired the shot,
an examination of the wound itself will generally
afford evidence on the point. If the bullet has
entered the front of the body, the person nnist
ha\e been facing his antagonist, unless he was
1 Taylor, Vol. I. pp. G89, 701.
^Tidy, Vol. I. p. '214.
3xidy, Vol. I. p. 212.
174
DUTIES OF COP.ONERS.
struck by a glancing ov rebounding ball ; and if it
has entered the back paio, the contrary must have
been the case. When the projectile passes through
the body, of course there may be a wound in
front and behind also ; it vvill then be necessary
to find out which is the aperture of entrance and
which the aperture of exit. The former is gener-
ally three or four times smaller than the latter,
the skin is slightly depressed, and, if the nuizzle
of the piece was close to it, may be blackened or
burnt. On the other hand, the orifice of exit is
not only larger but more irregular and is never
discoloured by the powder or flame, its edges are
somewhat everted, and if there is any bleeding, it
will most likely be from this aperture.^
Prof. Reese states that the entrance orifice of
the ball is livid and depressed, and is larger than
the point of exit when the explosion occurs in
close contact with the body, but when the piece is
fired fiom a distance the aperture of entrance is
always smaller than that of exit ; and that after
some days the <^ontused margins of the entrance
wound, slough away, thereby enlarging the orifice,
while tliose of the exit partially adhere, causing the
latter wounds to appear smaller than the former.^
To determine the direction a ball came from
with regard to the person struck, is occasionally
more dilhcult. If the piece was fired upwards, the
course of the ball through the body may still be
downwards, owing to its striking a bone or other
hard substance, and vice versa. And if fired on a
1 Taylor, Vol. I. p. C85 ; Tidy, Vol. I. p. IGO.
* Reese, pp. 114, 115.
lilt
III
DUTIES OF CORONEIiS.
175
level with the orifice of entrance, the course of the
ball may also be deceptive from similar reasons.
The fact of the aperture of exit being immedi-
ately opposite that of entrance, does not neces-
sarily prove the shot passed directly through the
part struck, for balls have been known to enter
the front of the head and come out at the back,
without penetrating the bone, their course having
been riund the skull under the skin merely.^
In one case on record the ball struck the upper
part of the abdomen, and passed out at the back
nearly opposite, without traversing the abdominal
cavity. It had deflected beneath the skin. This
deflection of balls is most often met with when
they strike obliquely a curved surface.^
The cicatrix of a wound in the case of a person
who has done growing is smaller than the wound
that caused it, but in the case of a wound on a
child, it increases in size as the body grows.^
When the body of an individual who is sus-
pected to have died from external violence, is not
seen until some time after dissolution, the injuries
will appear to be of a much more aggravated
nature than they ought to bo considered by the
medical jurist.*
' A case of the nature referred to in the text was reported in a Toronto
paper as follows : " Anotiieu Shootixo Accidknt. A few days ago, a boy,
who refused to give his name, or that of any of tlie parties concerned,
came to Dr. Fisher's office to have a pisto) bullet taken out of his head.
It was found on examini z;^ the wound that the bullet had cut the skin
on the left side of the head just above the ear, and that, failing to pene-
trate the skull, it had traversed the scalp and lodged between tlie skull
and the skin, nearly opposite the place where the skin was first broken.
The bullet was removed without any difficulty. Oli being asked liow
the shooting took place, the boy refused to give any particulars further
than that it was accidental." Tidy, Vol. I. p. 102.
"Taylor, Vol. I. p. 689.
3 Tidy, Vol. I. p. 162.
* Taylor; Devergie; Beck.
176 DUTIES OF COROyEHS.
i
CHAPTER VII.
OF THE HYDROSTATIC TEST.
This test, although now exploded as a reliable
one, for the purpose of proving the live birtJi of
infants, is still one which may afford important
corroborative evidence on the subject, and its use
therefore should not be neglected.
The mode of performing the hydrostatic test is
as follows :
The lungs are removed from the chest in con-
nection with the trachea and bronchi, and placed
on the surface of water, free from salt or other
ingredient which would increase its specific gravity
— pure distilled or river water is recommended.^
If they sink, notice whether rapidly or slowly.
Then try if each lung will sink separately ; cut
them into several small pieces, and see if these
i 'Prof. Tidy says use a large vessel filled (by preference) with rain
(j water. And his directions are: "Remove the lungs and heart entire,
11 securing all the larger vessels to prevent loss of blood." And he gives a
further test after making the ones mentioned in the text, namely : Each
piece of lung is to be wrapped in a cloth, the cloth then to be placed on
the floor, and covered with a piece of board and pressure applied by a
person standing on the board for a few minutes. The several pieces,
ii I after this treatment, are again to be tested whether they sink or float.
i ', If the lungs float by all these tests there is strong presumptive evidence
;1 ( in favour of respiration, and conversely if they sink there is strong pre-
f;li, 8umptiv3 evidence in favour of non-respiration. He also says: Note
lijj wliet)ic;r any morbid products (tubercle, etc.), or foreign substances
llj! : (meconium, mucous, etc.), are present in the air-cells, and passages —
|i!l (Tidy, Vol. I. pp. 264, 2G5). Taylor thinks there is no good reason fur
placing the lungs in the water with the heart and thymus gland attached,
as, he says, some have recommended. Taylor, Vol. II. p. 331].
DUTIES OF COROXERS.
177
pieces float or sink. If the lungs float, note if
they float high above the surface, or at or below
the level of the water, and see if the buoyancy is
due to the lungs generally, or only to the state of
particular parts. By considering the genei^J re-
sult of these experiments, an inference may be
drawn as to whether respiration has taken place at
all, or partially, or perfectly.^
While performing this test, the remarks regard-
ing .'^ in Chapter III. s. 3, should not be lost
sight of.
1 Taylor, Vol. II. p. 330.
B.c — 12
178 DUTIES OF CORONERS.
CHAPTER VIII.
BLOOD TESTS.
Examination of blood stains should always be
left to experienced professional men, if possible,
but where such assistance cannot be obtained, the
following tests of blood may be found useful.
The colouring matter of blood readily dissolves
in cold distilled water, forming, if recent, a bright
red solution.^ The red colour of this solution is
not changed to a crimson, blue or green tint by a
few drops of a weak solution of ammonia. If the
ammonia is concentrated or added in large quan-
tity, the red colour turns brownish.^
Blood being heavier than water, will sink when
placed in that liquid, descending in streaks. After
ascertaining that the specific gravity of the sus-
pected substance is greater than w^ater,^ heat the
solution to about 170*^ Fahr. when, if the sub-
stance is blood it will coagulate, and the red colour
be destroyed, and a muddy brown flocculent pre-
cipitate formed. Heat seems to be a good test of
blood, as other red colouring matters do not lose
their colour by its application. Nitric acid and a
solution of corrosive sublimate will both produce a
precipitate in the red solution of blood.
1 Taylor, Vol. I. p. 555.
- Taylor, Vol. I. p. 566.
^If tlie stains have been subjected to heat before beinf» placed in
water, this test will fail, as heat when applied to dry blood, whether ou
clothing or weapons, renders it insoluble in water.
DUTIES OF CORONERS.
179
The red colouring matter of blood is always
more or less mixed with albumen, which gives to a
dried blood-stain on linen, or cloth, a well-marked
stiffness.
A solution of the red-colouring matter of blood
in water produces with tincture of guaiacum a
reddish-white precipitate of the resin. On adding
to this a solution oi peroxide of hf/drogeu, a beauti-
ful blue colour is more or less rapidly brought out.
If a sufficient quantity of alcohol or ether is added
the precipitate will be dissolved and a deep sap-
phire blue solution will result. Other red colour-
ing matters, when thus treated, will give a reddish
colour to the resin, but undergo no change on tlie
addition of peroxide of hydrogen, and are thus well
marked and distinguished from blood. Whether
the blood is new or old, concentrated or exceed-
ingly diluted, the test produces the blue colouration.
It produces the change better in a diluted, than in
a concentrated, state. A drop of blood diffused in
six ounces of water may be thus detected in one or
two drachms of the mixture.^
These tests, it must be remembered, can merely
prove the matter to be blood. Whether human
blood or not must be otherwise ascertained.
When tlie blood is on clothing endeavour to
ascertain whether the articles examined were worn
by the deceased or accused, as the case may be.
As a rule blood spots have well-defined and
somewhat raised edges. Their general appearance
should be noted. Examine them with a large
' Taylor, Vol. I. pp. 5i'o, 556.
180 DUTIKfi OF CORONEliS.
magnifying glass. If .'•hey are on a coloured sub-
stance they can be seen best by artificial light.'
After the lapse of a week, Dr. Taylor states, it
is extremely difficult to give an opinion as to the
actual date of a blood stain on white or nearly
colourless linen and other stuffs. And on coloured
clothing no changes are observable in the stains
from which to form an opinion as to their date of
origin. Spots of blood on white stuffs, when
recent, are of a red colour, which changes to a
reddish brown or a deep red-brown after a few
hours.^
If the colour of a blood stain is bright-red, it is
a proof that the stain is recent, but if it is brown
it is no proof that it is old.^
If coagulated librin be found in the blood-stain,
the most that can be stated is thc^t there is a clear
presumption that the blood was recently shed.^
A blood stain on the 'andle of a knife or axe
may present a very different colour or appearance
to one on the blade, owing to the rapid change in
the colouring matter of blood from the soluble to
the insoluble form, by the action of oxide of iron.°
When the suspected stain is on clothing, dip
pieces of the stained part in a small quantity of
distilled water, until it is charged with sufficient of
the colouring matter to apply the tests above
given. If the solution is too small in quantity to
iTidy. Vol. I. p. 184.
s Taylor, Vol. I. p. 556.
3 Tidy, Vol. I. p. 189.
* Tidy, Vol. I. p. 201.
»Tidy, Vol. I. p. 190.
DUTlEfi OF COROIfERS.
181
obtain coagula by heat, the chemical tests must be
ubandone'l, uiul the microscope resorted to. If
possible, it should be ascertained on which side of
the clothing the blood fell, as this may be of
iiijportance. Generally, the side whic}> first comes
in contact with blood, will be more stained than
the other. ' ■ ., ., • .■■•,■ . ; ..
If the stain is on plaster or wood, cut or scrape
off a portion and soak it in water, and proceed in
like manner. It is recommended in these cases to
first of all examine a portion of the piaster or wood
which IS unstained.
Suspected spots on weapons may be tested by
exposure to a heat of 77'^ to 8G" Fahr. If of blood
they will come off in scales, but not so if they
arise from rust.^
Blood-stains wliich cannot be removed intact
for purposes of evidence, should be carefully mois-
tened by means of a soft broad brush, with a mix-
ture of one part glycerine, to ten parts of water ;
and an impression taken on thick unsized paper of
rather lough texture.'^
To apply the tests above given to such stains,
the following method is recommended : — Pour a
stratum of water upon a piece of plate-glass, and
lay the stained part of the weapon upon the surface.
By this means the colouring matter of blood will
be dissolved and a solution obtained to experiment
upon.
The stains of blood on a weapon if scraped off
and heated, will give off" a smell of burnt horn and
'2 Beck, 146.
^Tidy, Vol. I. p. 155.
182 DUTIES OF CORONERS.
evolve ammonia, which may be detected l)y its
turning red Htmus paper, blue.
Prof. Tidy says : " That to the question * was
the blood human ' it is better, in the present state
of science, at once to confess our inability to give a
definite reply. "^ Prof. Reese in the second edition
of his work stated as the result of investigations.
'* That given a skilled and careful microscopist with
a good instrument of proper amplification, it will
generally be possible to diagnosticate a human
blood stain from that of any of the lower animals,
with the possible exception of the guinea-pig and
opposum, (excluding, of course, those few animals
more rarely met with, whose corpuscles are larger
than the human, viz., the elephant, great ant-eater,
walrus, whale, sloth and capybara), and it will
always be possible absolutely to distinguish between
human blood and that of the ordinary domestic
animals." But in the third edition (1891) of his
book, he withdraws this statement and states that
'' The opinion of the best informed and most exper-
ienced experts is that it is impossible, in the present
state of science to say of a given specimen of blood
fresh or dry, more than that it is the blood of a
mammal."^
Taylor in the third edition of his Medical
Jurisprudence published in London in 1883, states
it is impossible in the present state of science, to
affirm that the corpuscles extracted from blood
stains dried on clothing or weapons, are not those
of some domestic animal belonging to the class
mammalia.
1 Tidy Vol. I. p. 200.
^ Beese p. 140.
I)L'TIES OF COROXRRS.
183
In a discussion before the medico-legal society
of New York, May 2nd, 1892, by the leading Amer-
ican microscopists, the following consensus of
opinion was reached. 1. That there was no diffi-
culty in distinguishing between human blood and
that of birds, fishes and amphibia generally. 2.
That a reliable discrimination could be made by
competent observers between human blood and the
blood of animals, when the size of the red corpuscles
was much smaller than that of man, notably the
ox, the horse, the goat, the sheep, the pig and
most manmials. 3. That the blood of a dog, the
rabbit and the guinea-pig, so nearly resembles
human blood in the size or diameter of the red
corpuscles, that it was more difficult, and divided
opinions exist among obser\'ers. Professors Reese,
Formad, Reyburn and others, claiming the differ-
ence is apparent under instruments of very high
power, except in the blood of the guinea-pig and the
opposum. Prof. EweU and others denied that the
results were such as to make it certain and absolute
when in doubtful cases human life is at stake.
4. All concurred in the safety of the careful micro-
scopist asserting " that the blood examined is
consistent with human blood," or that "the micro-
scope may enable us to determine with great
certainty, that a blood is not that of a certain animal
and is consistent with the blood of man." ^
The better opinion seems to be that the blood
of a man cannot be distinguished from that of a
woman, or the blood of a child from that of an
* Bae Taylor's Mammal of Med. Jur. Eleventh American edition,
p. 279.
ItiS
184 DUTIES OF COROXERS. '
adult. Nor can menstrual blood be distinguished
from that of the body generally.^
The optical method or spectial analysis applied
by a competent person for the discovery of blood,
is valuable as a corroborative process, since by it,
the minutest trace of blood can be discovered, and
there is no case in which blood admits of a chemical
examination, in which spectral analysis does not
admit of application previous to the chemical tests
without interfering with them ; but this process
indicates no distinction between the blood of man
and animals.^
Before closing this chapter, it is proper to repeat
that the examination of blood stains should be
entrusted to experienced professional men alone,
where practicable, and in cases hot requiring
immediate^investigation, the assistance of a chem-
ist or surgeon possessing Provincial reputation
should be obtained. The tests are all of them of
a delicate nature, requiring judgment and experi-
ence to produce reliable results, and should not be
left to inexperienced persons to d^il with.
1 Taylor, Vol. I. p. 566 ; Tidy, Vol. I. p. 20.
2 Taylor.^Vol. I. pp. 569-570.
DUTIES OF CORONERS.
185
CHAPTER IX.
OF DEODANDS.
One species of hoiiiicide j^er infortunium, which
does not arise from the kilHng of man by man, is
occasioned by pure accident, without the default,
concurrence or procurement of any human creature.
This takes place when the death is occasioned by
some beast or inanimate thing. By the common
law the instrument which caused death in such
cases was forfeited to the Sovereign for pious
uses, under the name of a deodand. This singular
custom appears to have had its origin in the days
of Popery in England, and was designed as an
expiation for the souls of such as were snatched
away by sudden death. These forfeitures being
founded rather in superstition and ignorance than
in the principles of sound reason and policy, did
not meet with much countenance from the courts
in modern days, and at last, by 9 & 10 V. c. 62,
were entirely abolished in England, and in Canada
by 32-33 V. c. 29, s. 54, and see R. S. C. c. 181,
s. 35; 55-50 V. c. 29, s. 964, (D.).
186 BUT I EH OF CORONERS.
CHAPTER X.
OF FLIGHT AND FORFEITURE.
Formerly it was the duty of coroners to inquire
what goods a person found gnilty of murder had,
and to cause them to be vahied and deUvered to
the township. This part of their duty was abol-
ished by 1 Eich. III. c. 3, except, perhaps, in cases
where the accused fled, when it was said the coro-
ner might, as formerly, seize the goods of the
fugitive. Now by 55-50 V. c. 29, s. 965, all for-
feitures are abolished throughout Canada.
In England the goods and chattels of a felo de
se were forfeited to the Crown, until the Act 33-
34 V. c. 23, was passed, which abolished the for-
feitures except on outlawry, and by sec. 44 of the
English Coroner's Act of 1887,^ coroners were for-
bidden to inquire of the goods of such persons who
were found guilty of murder or manslaughter.
150-51 V.o. 71.
ni'TIF.S OF COROXFRS.
1S7
CHAPTER XI. •
OF EVIDENCE.!
Sec. 1.— competency OF WITNESSES 187
1. IDIOTS 188
2. LUNATICS 189
n. CHILDREN 18«»
4. INFIDELS l',)0
5. PRISONERS 191
(i. HUSBAND OR WIFE OF PIIISONEK 191
7. CORONERS 192
8. JURORS 192
9. CONSTABLES 193
" 2.— PRIMARY EVIDENCE 193
" 3.— PRESUMPTIVE EVIDENCE 194
'•' 4.-MATTERS OF OPINION.. 195
" .5.— MATTERS OF PRIVILEGE 19(5
- ti.— HEARSAY EVIDENCE 197
" 7.— RELEVANCY OF EVIDENCE '201
" 8.- LEADING QUESTIONS 201
" 9.— PROOF OF HANDWRITING 202
" 10.— PROOF OF DOCUMENTS 203
•' 11.- ADMISSIBILITY OF INQUISITIONS, Ac. TAKLN BY
CORONERS 203
Sec. 1.— COMPETENCY OF WITNESSES.
All persons of sound mind and of sufficient
intelligence to understand the nature of an oath,
and who believe in its religious obligation, not
being the prisoner or the wife or husband of the
' It will be necessary to remind the professional reader that this
work is intended for the practical use of coroners alone, and consequently
when it treats of any branch of the general law, no pretence is made to
do more than give such portions of that branch as may be found useful
to coroners in the discharge of their duties.
188 DUTIES OF CORONERS.
prisoner, are competent and compellable to give
evidence in every court of justice concerning the
matters in issue. ^
The persons not competent to be witnesses
pointed out by this ru'e are —
1. Idiots.
2. Lunatics.
3. Chddren.
4. Inlidels.
5. Prisoner.
(). Husband or wife of prisoner.
Each of these classes requires to be noticed
separately ; but it may be here stated that the
question of competency of the witness is one to be
decided solely by the coroner on a preliminary
examination. This preliminary examination is
called the examination on the voir dire," and for-
merly it was held that no objection to the com-
petency of witnesses could be made except upon
the voir dire; but it appears that now a witness
may be declared incompetent, and his evidence
rejected at any time during the examination.''
There are various causes which may affect the
credihilitij of a witness, but a blemish of this kind
must not exclude the witness, and the amount of
credit due to his testimony the jury will be the
judges of.
1. Idiots, or those who never have had any
understanding from their birth, are incompetent to
* The prisoner and Lis wife or husband are now competent but not
compellable to t;ive evidence. See the Canada Evidence Act, 1893,
B. 4, Dom.
* See form No. 35.
sjarvis O. C. '201.
iO^
or TIES OF CORONERS.
189
give evidence. Persons born deaf, dumb and blind,
pre looiied upon in law as idiots. But this is a legal
presuuipticn which may be done away with by proof
of understanding and sufficient religious belief.
Deaf and dumb persons, if found competent, may
give evidence by signs, or through an interpreter,
or in writing, or in any other manner in which
they can make themselves intelligible.^
2. Lunatics are those who, having had under-
standing, have lost their reason, by disease, grief
or other accident. They are only competent wit-
nesses during lucid intervals.
3. Children. — The age of the child is immaterial,
when judging whether or not he is competent of
being a witness. The criterion in cases under the
jurisdiction of coroners is his religious belief. If
he has such a knowledge of the obligation of an
oath, as to undrrstand the religious and secular
penalties of perjury, he is competent — otherwise
not. Where there is any doubt as to a child's
competency, the practice is for the coroner to
examine him as to his knowledge of the effect in
this world and in the next of taking a false oath,
and for the coroner on such examination to decide
whether the child is competent or not.
Where a child is not competent and cannot be
sworn, of course what he has said to others about
the matter oi inquiry is inadmissible.
Since the passing of the Canada Evidence Act,
1893, when a child of tender years is tendered as
'1 H. p. C. 34; 1 Leach. C. C. .55; 3 Car. & Pv 127 ; The Canada
Evidence Act, 1893, s. 6, Dom.
190 DUTIES OF CO RUNE HIS.
a witness, and such child does not in the opinion
of the coroner undersiand the nature of an oath,
tiie evidence of such child may still be r^^ceived
though not f^iven upon oath if in the opimm of the
coroner such child is possessed of sufficient intelli-
gence to justify the reception of the evidence and
understands the duty of speaking the truth. But
no case is to be decided upon such evidence alone,
as it nnist be corroborated by some other material
evidence.^
4. In^ \ Is. — Infidels who do not believe in God,
or if they do believe in God do not think that He
will either reward or punish them in this world or
in the next, cannot be witnesses, as an oath is no
tie or obligation upon them, but if they do believe
in God and that he will so reward or punish them,
they are competent as witnesses.^ The only means
at disposal of the coroner for determining whether a
proposed witness is such an infidel as to be incom-
petent to give evidence, is to question him upon
the void dire.^ as to whether he believes in God, a
future state of rewards and punishments, and the
sanctity of an oath. If his answers are orthodox,
he must be admitted. Infidels such as Gentoos,
who believe in a God the avenger of falsehood, can
be received as witnesses.^
156-57 V.c. 31,8. 25, Dom.
8 Omichtiitd V. Barker, Willes, 538 ; 1 Sm. L. C. 194 ; Powell on Evi.
p. 22.
» See Form No. 35.
*()iiiicliiind V. Barker, Willes, 538; but see section 23 of the Canada
Evidence Act, 1893, wliich may liave the effect of admitting infidels to
afiSrm.
DUTIES OF CORONEJIS.
191
5. PrLsoner.s. — The prisoner and the wife or
husband of the prisoner are now competent, but
not compelhiblo tc: give evidence, ^ and accomplices
are admisL.ible to give their evidence for what it is
worth. A settled principle with regard to the evi-
dence of accomplices is, that a prisoner ought not
to be convicted upon tht evidence of any number
of accomplices, if unconlirmed or uncorroborated
by other testimony.- The testimony of the wife of
an accomplice is not a proper contirmation of his
statement.'' The conlirmation need not be in every
particular, as long as it is sufficient to satisfy the
jury that the evidence is worthy of credit.* Thg
accomplice's evidence ought, howc/er, to be cor-
roborated with regard to the identity of the
prisoner, so as to satisfy a jury that che prisoner
is tJif person who connnitted the crime which is
charged against him by the accomplice.^
A confession made by a prisoner to be admis-
sible as evidence against him, must be proved by
the prosecution affirmatively to have been free and
voluntary, and not caused by inducement proceed-
ing from a person in authority. If it flows from
hope or fear, excited by a person in authority, it 11-
inadmissible.^
6. Husband or wife of prisoner. — Husbands
and wives of persons charged are now competent,
but not compellable, to give evidence, but the
' The Canada Evidence Act, 18'J3, s. 4.
- 5 C. & P. 23G.
a 7 C. & P. 168.
^Jervis, O. C. 260.
' 8 C. <fc P. 107.
« The '^ueen v. Thnmpmn, L. R. C. C. R. Weekly Notes, 1893, p. 86.
192
DUTIES OF C0RONEHS.
failure of the person charged or of the wife or hus-
band of such person to testify, is not to l)e made
the subject of couinient by the coroner or by coun-
sel for the prosecution in addressing? the jury/ and
in the case of a wife mortally injured by her
husband, her dying declarations, if not otherwise
inadmissible, are evidence against him f as are
also the dying declarr^tions of the husband against
the wife, under similar circumstances.'* And after
a divorce a vinculo inatri))ionii, either husband or
wife can give evidence for or against the other. ^
7. Coroners. — The better opinion seems to be
that a judge cannot be a witness and a presiding
judge at the same trial, and the same objections
which are applicable to a judge would naturally
apply to a coroner. The cases are reviewed by
Armour, C.J., in his instructive judgment in Beg. v.
Petrie, 20 Out. K. 317. Where there is any chance
of a coroner being required as a witness, he should
decline holding the inquest.
8. Jurors. — Members of the coroner's jury can
be called as witnesses on the inquest, but they ^ust
be sworn as other witnesses. It is better, how-
ever, to avoid calling jurors who may be wanted as
witnesses, since Armour, C.J., pointed out in Beg.
v. Petrie 20 Ont. K. at p. 320, there are grave
objections to a juror being sworn as a witness. °
1 The Canada Evidence Act, 1893, s. 4.
' 1 East. P. C. 357.
» 1 East, P. C. 455.
* Peake's Evid. App. p. 39.
« 1 Salk 405 ; Foacoe 136 ; Beg. v. Winegarner, 17 Ont. K. 208.
liUTIES OF (UmoNKRS.
103
0. Comtahles. — Coroners' constHblcs , can l)e
sworn as witnesses, or us jurors, or as both
together.^
Kkc. 2.~PRIMARY KVIDENCK.
It is an inflexible rule that the best evidence
of w4iich the nature of the tiling is capable nnist
be given. Hence a copy of a deed or will is inad-
missible as evidence, so long as the original exists-
and is producible, no matter however indisput.ibly"
authenticated.
On the same principle, so long as a writtenr
document can be produced, oral evidence of its
contents is inadmissible, except when it is in the
possession of an adverse p<irty, who refuses or
neglects to produce it ; or when it is in the posses-
sion of a party who is privileged to withhold it,,
and who insists on his privilege ; or when the pro-
duction of the document would be, on physical
grounds, impossible, or very inconvenient ; or wiien
the do-^nment is of a public nature, and some other
mode ot proof has been specially substituted for
reasons of convenience.^ The preliminary ques-
tion as to whether secondary evidence of a docu-
ment should be admitted or not, is one for the
coroner to decide alone, after hearing all the evi-
dence tendered on the point.
And a written statement of a witness if; not to
be admitted as equal to the oral evidence of the
1 Reg. V. Winegarner, 17 0. R. 208. ,-.;„—-
2 lioscoe's Cr. Ev. 2.
B.C.— 13
194
DUTIES OF CORONKns.
witness .himself. Any evidence which has testi-
mony of a more orirjiual kind behind it must not
be received until the better evidence is shewn to
be unprocinul)le. Tut if the ori^nnal evidence
cannot be produced, the next best need not to be
required, for there are no degrees in secondary
evidence.
Sec. 3.— PRESUMrTIVE EVIDENCE.
On many investigations no direct proof as to
the perpetrator of the crime can be obtained ; but
circumstances point so strongly in one direction,
that it would be contrary to reason not to call
upon the suspected person to contradict or explain
this evidence against him. Evidence of this kind
is called jjresurnjytive, and care must be taken not
to draw too hasty conclusions from it.
A case may here be mentioned which will serve
to illustrate the subject, and also, from its unfortu-
nate result, to shew the danger of placing too much
reliance upon presumptive evidence. A man was
apprehended with a horse in his possession which
had recently been stolen, and as he could give no
satisfactory explanation of how he came by the
animal, and the thief was unknown, the law pre-
sumed he was the man who had stolen it. Horse-
stealing was then a hanging matter, and the poor
man was executed. Afterwards it came out that
the real thief, being closely pursued, had overtaken
the man and asked him to hold the horse for a few
minutes, and in this way the thief escaped and the
innocent man was found with the horse.
DUTIES Of CORONERS.
195
In this r'onneotion the following prosninptions
may be mentioned :
The hiw presnnies innocence.
The law presumes in criniinal matters tha'j
every person intends the probable consequence ot
an act which may be highly injurious.
Every one is presumed to l)e sane at the time
of doing or omitting to do any act, until the con-
trary is proved.^
The law presumes that a person acting in a
public capacity is duly authorized to do so.
If a man by his own wrongful act withhold the
evidence by which the facts of the case would be
manifested, every presumption to his disadvantage
will be adopted.^
A presumption may be rebutted by a contrary
and stronger presumption.''
There is no presumption that a married woman
committing an oifence does so ., nder compulsion,
because she commits it in the presence of her
husband.*
Sec. 4.-MATTERS OF OPINION.
Ordinary witnesses must only sfcat^ facts, and
leave the judge or jur}^ to draw all infoiences from
them. Their own opinions regarding the facts to
which they testify should not be received. But
1 55-56 v. c. 29, s. 11, Dom.
2 Powell's Ev. 56.
» 5 Taunt, 326.
* 55-66 V. c. 29, s. 13, Dom.
106 DUTIES OF (■(UtOXKRS.
the opinions of skilled or scientific witnesses are
admissible to elucidate matters which are of a
strictly professional or scientific character.^
Sec. 5.— matters OF PHIVlLEGE.
A witness may be anl-ed any question, but there
are many he need not answer.
A witness is not now excused from answering^
any question tending to criminate himself, or which
may tend to establish his liability to a civil pro-
ceeding at the instance of the Crown or of any
other person, but no evidence so given can be used
against him in any criminal proceeding thereafter
instituted against him, other than a prosecution
for perjury in giving such evidence.*^
Counsel, solicitors and attorneys cannot be
compelled to disclose communications which
have been made to them in professional confidence
by their clients. This, however, is the privilege
of the client, not of the legal advisers.
Clergymen and medical men do not possess the
same privilege with regard to confidential com-
munications made to them in the performance of
their professional duties; but the judges have
shewn a disinclination to receive such connnunica-
tions made to clergymen.
^ Powell's Ev. 93. Wharton, in his work on Criminal Evidence, lays
jt do^vn as a general rule in the justice and propriety of which Mr. Jus-
tice Gwynne, of the Supreme Court of Canada, says in I'rei'per v. 'I'lie
Queen, 15 S. C. Hep. at p. 418, he entirely concurs, that it is not neces-
sary for a witness to be an expert to enable him to ti^\e an opinion as to
matter depending upon special knowledge, when he states the facts upou
which he bases his opinion.
" The Canada Evidence Act, 1893, s. 5.
hUTIES OF CORONERS.
197
A witness is not allowed to state facts, the
disclosure of which may be prejudicial to any public
interest.
In criminal cases no evidence can be excluded
on the ground of indecency.^
Sec. fi.-HEARgAY EVIDENCE.
Hearsay evidence, or the oral or written state-
ment of a party who is not produced in court is, as a
genera] rule, not admissible. The principal excep-
tions to this rule requiring notice are —
{a) When offered in corroboration of a witness'
testimony, to shew that he affirmed the same thing
before on other occasions.^
{h) When it is essentially connected with a
transaction and fovms part of it.
(c) When given as popular reputation or opinion
or as the declarations of deceased witnesses of
competent knowledge, if made before the litigated
point has become the subject of controversy, and
without reasonable suspicion of undue partiality or
collusion."^
{d) When the evidence consists of dying declar-
ations in cases of homicide. The death of the
deceased must be the subject of the investigation,
and the circumstances of the death the subject of
the dying declarations. Here the feeling of
responsibility on the approach of death is looked
1 Powell's Ev. 33.
" Powell's E.r. 87.
» Powell's Ev. 94.
198 DUTIES OF CORONERSt.
looked upon as equal to the effect of an oath upon
the conscience. The sense or conviction of
approaching death must be perfect and certain,
although the declarant need not be in articulo
mortis, or even tliiyih he is, provided he thinks
there is no hope of a continuance of life, and is
under an impression of almost immediate dissolu-
tion.^ The declarations nnist have been made by
a person who, if alive, would have been a compe-
tent witness.^
Dying declarations will still be admissible
although the attendant surgeon ha?^ ^^'ven some
hope of living to the dying rersc jefore the
declarations are made, and such declarations may
be taken in evidence if tlie deceased believed he
should not recover in spite of the hope expressed
by the surgeon.^
Before receiving dying declarations as evidence,
the coroner should inquire into the circumstances
under v.hich they were made, and exclude them if
there is any reasonable doubt as to the veracity,
sanity, consciousness or sense of religious respon-
sibility and impending dissolution in the mind of
the deceased.^
Prof. Tidy, states, —
It may fall to the lot of a medical man to be
present when dying declarations are made which
'3 CAP. G29 ; Roscoe's Cr. Ev. 3 ; and see Eegina v. Unwell, Law
Times, Jan. 25, 1845, H17 ; Ilegina v. l^arret, Leeds Lent Assizes, 18()9 ;
Jenkins' cane, C. C. reserved April, liUVJ, L. R. 1 C. C. 187; Rcjiina v.
Harvey, Exeter Sura. Assizes, 1854 ; Renina v. ]V(iniitall, Leeds Au.
Assizes, 18tJ9 ; Rejina v. Rettingill, C. C. C. April, 1872.
2 Powell's Ev. 124.
' Remind v. Bayley, Ex. Cham. Jan. 1857.
* Powell's Ev. 124,
DUTIES OF CORONERS.
199
may become of great importance. Jn such cases,
if a magistrate is present, he should not interfere
beyond caUing the attention of the magistrate to
what is said if he is not attending to it, and by
giving professional opu^ions as to the dying per-
son's state — whether it it? hopeless, whether the
person is capable of understanding what he is say-
ing, &c. But if no magistrate is present, the med-
ical attendant is the most proper person to receive
the dying declaration. He should first ascertain
the views of the party as to his chances of recovery
and record what is said in the actual words, and
then take down, also in his actual words, his
dying declaration, and have the statement signed
by the party if possible. If there is no possibility
of taking down the words at the time of utterance,
they should be recalled, and put in writing, as soon
as, and as accurately as possible. And if they have
been heard by others, they should be read to them^
and signed by the physician and all the parties.
No additions should be made to these notes. Any
afterthoughts or recollections, may be the subject
of separate notes and be kept for what they may
be worth. ^
(e) When a prisoner makes a statement of the
circumstances of the crime with which he is charged
it is evidence against hnn, unless elicited by a per-
son who had at the time actually or presumably
power to forgive, or who in tha. capacity induced
the prisoner to confess by holding out to him an
offer or prospect of forgiveness. _ -^ - - - -^- -
1 Tidy, Vol. I, p. 12 ; and see Taylor, Vol. I, p. 481 ; Reese, p. 25.
200 bUTIICS OF COROyJUR.i.
If the prosecutor or his wife has obtained the
confession by any threat or i^roniise, it is inadmis-
sible, or if the confession was made under similar
circumstances to the master or mistress of the
prisoner when the crime has been connnitted
against either of them, or to the attorney of
the person in authority, or to a constable or any
one acting imder a constable, or to a magistrate.
But the inducement must be held out by a person
who has presumably power to shield the criminal.
If the inducement be made in the presence of such
a person who stands by and does not object, his
silence will exclude the confession. But induce-
ments held out by persons who have no authority
in the matter will not make the confession inad-
missible.
If a party accused wishes to make finy state-
ment, the evidence against him should be first read
over, and then he should be cautioned according to
the form No. 52, in appendix.^ He may then make
his statement, which should be read over to him,
and be signed by the coroner. He is not to be
sworn.
(/) Statements having reference to the health
or sufferings of the persoji who makes them, form
another exception to the general rule rejecting
hearsay evidence'. If it becomes necessary to
inquire into the state of" health at a particular time
of a person who is deceased, a witness may detail
* This caution the writer has applied to coroners' inquests by ana-
lof^y, a similar caution bein^ requisite at investigations before magis-
trates. Seer)5-u6 v. c. 29, s.Ml.Dom.
m
DUTIES OF COltOyKRS. 201
what the deceased person said on that subject at
the time.^
Sec. 7.— relevancy OF EVIDENCE.
The evidence must be confined to the matter
in issue, and must tend directly to the proof or dis-
proof thereof. Under this rule, evidence that
a prisoner has committed a similar crime before,
or that he has a disposition to commit such crimes
is inadmissible.^ Evidence of good character is
admissible in criminal cases, but as coroners'
juries have no power to try the party suspected,
such evidence need not be taken at inquests.
Sec. 8.— leading QUESTIONS. -
On an examination in chief a witness must not
be asked leading questions ; or, in other words, a
,\ritness must not be asked by the person calling
him, questions so shaped as to suggest the answers
he is expected to make. When he is cross-ex-
amined, that is, examined by the opposite party to
the one who called him, he may be asked leading
questions. Generally, questions which may be
answered by " Yes " or " No " are leading ques-
tions. If, however, the witness proves hostile to
the party calling him, the coroner may, in his
discretion, allow leading questions to be asked, or
1 Roscoe's Cr. Ev. 30.
- Powell's Ev. 225.
I';
! Hi
202
DUTIES OF COROXERS.
if a question from its nature cannot be put except
in a leading manner, the coroner should allow it to
be asked ; ^ or if the witness has forgotten a cir-
cumstance, and it cannot otherwise be recalled to
his mind, it may be asked him in a leading form.
1 1 1
I !;;) i
Sec. 9.— proof OF HANDWRITING.
If it becomes necessary to prove handwriting,
the following methods are admissible :
(a) By a witness who saw the party write or
sign the document.
(h) By a witness who knows the party's hand-
writing. Such knowledge may have been obtained
merely by having seen him write once (provided
it was not for the purpose of making the witness
competent to give evideace) or by having seen
documents purporting to be written by him, and
which, by subsequent communications with him,
he has reason to believe are the authentic writings
of such party.
(c) By the comparison by witnesses of a disput-
ed writing with any writing proved to the satisfac-
tion of the coroner to be genuine. Such writing
and the evidence of witnesses respecting the same,
may be submitted to the coroner and jury, as
evidence of the genuineness, or otherwise of the
writing in dispute. '^
'Powell's Ev. 439
« 56-66 v. c. 29, 8. 698.
ItUTIES OF CORONERS.
203
Sec. 10— proof OF DOCUMENTS.
The necessity for calling an attesting witness
to instrnmen's, the vahdity of whicli does not
require attestation, has been done away with, and
such instruments may now be proved by admission
or otherwise as if there had been no attesting wit-
ness thereto.^
Inquests taken ex officio as by coroners acting
under general commissions or appointment, seem
to be admissible in principle without further
evidence of authority than that they were acting as
such officers."
Sic. 11.— ADMISSIBILITY OF INQUISITIONS Etc. TAKEN
BEFORE CORONERS.
As to the admissibility of inquisitions and
depositions and statements taken before coroners,
the legal reader is referred to The Prince of Wales
Ass. Co. V. Palmer, 25 Beav. COS ; B. v. Gregonj
8. Q. B. 508 ; Brookes v. Flojjd, 13 L. T. N. S. 79 ;
Beg. v. Moonei/, 9 Cox, C. C. 411 ; Beg. v. Colmer, 9
Cox, C. C. 50G ; Bex v. Mills, 4 N. & M. 0, and the
Canada Evidence Act, 1893, s. 10.^
^5.5-56 V. c. 29. s. 696, Dom.
''Roscoes N. P. pp. 110, 111. Lond. Law Monthly, Ed. 1890.
^A mere outline of the rules of evidence which coroneis will most
conimcnly have to consider, has been iittemped in the te.xt. Further
information on the subject of evidence can be found in the works of
Taylor, Roscoe, Starkle, Powell, Phillips and others.
204
DUTIES OF GOnONERH.
CHAPTER XII.
THE coroner's COURT.'
Sec. 1.— when AND WHERE HOLDEN
2.— WHO M.\Y ATTEND
3.— THE JURY, AND HOW SUMMONED
4. -THE WITNESSES, AND HOW SUM.MONED
0.— COUNSEL ,
6.— OPENING THE COURT
7.— VIEWING THE BODY
1. THE PL.\CE WHERE THE BODY IS FOUND..
2. THE POSITION 01' THE BODY
3. THE MARKS AND SPOTS UPON THE BODY
AND CLOTHING
4. THE SURROUNDING OBJECTS
5. THE B1']ARING AND CONDUCT OF THE
PARTIES IN ATTENDANCE
CONTINUING AND ADJOURNING THE COURT..
8.-
9.— THE MEDICAL TESTIMONY
10.— THE DEPOSITIONS
11.— OBSTRUCTIONS— HOW PUNISHED.
12.— THE INQUISITION
1.
2.
3
4.
5.
6.
7.
8.
THE VENUE
THE PL.ACE W TERE HOLDEN
THE TIME WHiIN (lOLDEN
BEFORE WHOM HOLDEN
THE VIEW
THE DESCRIPTION OF THE DECEASED ....
WHERE THE BODY LIES
THE JURORS AND THEIR FINDING UPON
OATH
9. THE CHARGE TO ENQUIRE
10. THE VERDICT
IL THE PARTY CHARGED
12. THE ADDITION
13. THE ALLEGATION OF TIME AND PLACE....
14. THE DESCRIPTION OF THE ACT
15. THE ATTESTATION
13.— PUBLICATION OF PROCEEDINGS
14.— i^EFRAYING EXPENSES
205
207
209
220
221}
228
230
233
235
248
241
242
242
24!)
208
272
273
274
275
275
276
276
276
277
277
278
278
27!)
280
280
281
284
285
280
^ For the forma connected with this chapter see the Appendix.
hrriiis or co/ioxrns.
Sr:r. 1.— WHEN AND WIIKRH HOLDKN.
205
When the coroner receives proper notice of a,
de.ith havinf( taken pLioe under such circiinistfinces
as require investi<^^ation/ he should procure the
necessary information on oath,- and if within his-
jurisdiction proceed to hold his inquest forthwith,
by issuing a precept or warrant 'Ho summon a jury
to appear at a particular time and place named.
The inquest must be taken within a reasonable
time after the death. Seven months has been
held too late.' But the time ought in each case to
be governed by the state of the body.
It has been held that a coroner is not justified
in delaying the inquest upon a body in a state of
decomposition for so long a period as five days, in
order that the body may bo identified and l)uried
and registered under the right na^ne ; and the
mere fact that it has betii placed in a mortuary
can make no difference. '^
If it is so far decomposed as to afford no infor-
mation on view, the inquiry should he left to the
justices of the peace. Still it is difficult to say
vaien the body will afford no informition, for in
some instances the bones alone might point out
the cause of death ; and in some cases of poison-
ing, traces of the poison niight be found long aft^r
the body was decomposed ; yet, it is said, the
^ See p. 11.
"See p. 12 and form No. 10.
8 See form No. 16, and see remarks upon the case of 7)i re Bernj, 9 Ir.
R 123, on p. 44.
^ 1 Stra. 22 ; 1 Salk. 377 and 23.5.
'^Inre Hull, 9 L. R. Q. B. D. 689.
tsmm
20G hrriKs of coroxkus.
whole of the body shouhl 1)0 inspected.' However,
in the coinparatively few instances when h coroner
is called upon to hold incjuests lon,t( after the death
has happened, he must ^^overn his decision in this
respect by a judicious consideration of all the facts
he can learn with regard to each case.
When judjL,nnent of death is executed on a
prisoner the inquest is to be held within twenty-
four hours after the execution, and the jury at the
inquest shall inquire into, and ascertain the iden-
tity of the body, and whether jud<,nnent of death
was duly executed on the offender. And the
inquisition in such cases must be in duplicate, and
one of the original &> must be delivered to the
sheriflf.*^
When a prisoner dies in prison, otherwise than
by hanging, in puvsuance of a legal sentence, the
coroner, when notified of the death by the proper
officer of the prison, nmst proceed forthivith to
hold an inquest upon the body.'*
If the body has been buried, the coroner may
lawfully take it up for the purpose of holding an
inquest.* It is a misdemeanor to bury a body, on
""' 'ch an inquest should be held, before or without
uending for the coroner ; and, if possible, the body
ought not to be moved in any way until viewed by
the coroner and jury.^
It is a misdemeanor to burn or otherwise so
dispose of a body upon which an inquest ought to
' li. V. Bond, 1 Stra. 22, and see pp. 18 and 51.
- 00 & 56 v. c. 29, s. 944, Dom.
3 R. S. O. c. 8, s. 3.
•• 2 Haw. c. 9, 8. 23 ; 4 M. S. Sum. 333.
n Sa'.k. 377.
hUTIKS OF COnoXKRS.
207
be held, as to prevent the coroner from holding
the inquest.^
The proceedings by inquisition, being judicial,
must not be conducted on a Sunday in Ontario. "^
It is not absolutely requisite that the inquest
should be held at the same place where the body
is viewed, provided it is taken within the same
jurisdiction.'
In cases where a coroner has authority to act,
the proceedings are in substance the same as before
a grand jury.*
In olden days the impanelling of the coroner's
inquest and the view of the body was commonly
in the street, in an open place, and in corona
populi; ^ but in modern times it has become usual
to hold ^he inquest in any convenient building.
I'l Nova Scotia, coroners are authorized to hold
inquests on Sunday when it is necessary to do so."
Skc. 2. -who may attend.
Much discussion has taken place as to whether
the public have a right to attend inquests. It
seems from the best authorities that they have
1 The Queen v. Price, L. R. 12 Q. B. D. 247; The Queen v. Stephenson,
L. R. 13 Q. B. D. 331.
- 9 Co. (if.6 ; Dakins' case 2 Sauiid. 291a ; Jer. O. C. 279 ; In re Cooper,
et ul.,r) It. R. 25G; it is submitted tliat section 729 of 55 ife 56 V. o. 29, Dom.
does not apply to coroners' inquests.
3 2 Hawk. c. 9, s. 25 ; Latch. lOfi ; Poph. 209, and see ante. p. 4.^.
* Regina v. Goldbui, 39 U. C. Q. B. 259 ; U. v. Ingham, 5 B. & S. 275 ;
Agneic v. Stewart, 21 U. C. Q. B. 396.
"Hist, of the Commonwealth, by Sir T. Smith, p. 96.
«R. S. N. S. 5th Series 1884, c. 17, 8. 3.
2().S itrriKs OF ronoxKns.
not.^ Tlio power of deciding' who sluill bo present
and wlio not, rests with the coroner, who, toj^'ether
jjlii with fill persons who iidininister a pnhlic dnty, has
a ri^'lit to pr(!serve order in the place where it is
adniim'stered, and to tnrn ont whom he thinks fit,
witliont rendering himself liuhle to an action of
trespass.^
And the coroners' conrt being a conrt of record'^
of which the coroner is a judge, this is in accor-
dance with the ancient rule that no action ' ill lie
against a judge of record for any matter done by
him in the exercise of his judicial functions.^
But however clear the power to exclude the
public from inquests may be, and however proper
for the sake of decency, or ont of consideration for
the family of the deceased, the exercise of that
power in some instances may be, yet it should not
be used in an arbitrary manner, nor for the mere
sake of shewing a little authority. A coroner had
far better err on the side of publicity, than in con-
ducting his proceedings too secretly. When any
one is excluded, it should be for a just cause, and
after due consideration.
Should it become necessary, or proper, to
exclude any one, the coroner should first request the
party to leave the room, and on his refusal to do so,
1 Only tliose summoned, or who are suspected or interested in the
result (if the inquiry, or live in the nei^hhourhood where the body is
found dead, at most have such ari^^ht. Jer. O. C. 241.
- () B. & C. Oil ; and see 10 B. & C. 237 ; and see judgment of Lord
Abhij^er in JewiKon v. Dyson, 9 M. & W. 585
^ Some doubt is thrown uj)on this by Lord Abinger in his judgment
just cited. But see also the judgment of Hagarty, C.J., in Gamer v. Cole-
man, VJC. P. 100.
■» B. & C. 025, and ante, p. 50.
DVTIKS OF COfioyKliS.
200
the conatal)le should tlien he instructed to expel
him, using no unnecessary violence.^
In Noiia Scotia when the inquest is held on the
body of a person who has been killed by an explo-
sion or accident in a mine, and the majority of the
jury think it necessary, the coroner nnist adjourn
the iufjuest to enable the inspector or some other
person properly qualified, appointed by the com-
missioner, to be present to watch tho proceeding's.
At least four days notice in writing of the time and
place of holding the adjourned in(iuest nuist be
given to the commissioner.-^
Sec. 3.-THE JURY, AND IIOW SUMMONED.
Inquests held by coroners are expreshily excepted
from the operation of the Juror's Act, ^ and cor-
oners left to make all inquests by jurors of the same
description as they were used and accustomed to
do before the passing of that Act.
No qualification by estate is necessary for jurors
on inquests, but they should be " lawful and honest
men."* Aliens, convicts and outlaws are not such,
and if impanelled on the inquest, it seems the
inquest may be avoided.'^ They should be rejected
by the coroner, although, strictly speaking, jurors
upon inquests are not challengeable,^
1 Agneio v. Stewart, 21 U. C. Q. B. 396, and post, a. 5, p. 220.
"■ R. S. N. S. c. 8, 8. 24.
3 R. S. O. c. 52, 8. 138, anrl 8ee Reg. v. mnegariu-r, 70 Ont. R. 208.
•• Lord Raymond, 1305.
« 2 H. P. C. 00, 155 ; Lamb Just. 391.
8 Mir. c. 1, 8.13; Brit. 6 a.
B.C. — 14
I
ill
210
DUTIES OF tVltOXEIiS.
M
m
Each juror should be able to write his own
nauie sufficiently well to enable him to sign thb
in(iuisition, and any one summoned as a juror who
cannot do so should be rejected if it is possible to
do without liim.
Jurors ought to be persons indifferent to the
subject matter of the inquiry, and residents of the
municipality or district where the body is found,
although jurors taken from the body of the county
cannot be objected to. Householders should be
preferred.^
The jury upon inquests on prisoners ought to
be a party jury, as it is called, that is, one -half
prisoners (if so many there be) and the other half
persons not prisoners,^ except when the prisoner
was executed under sentence of law, in which case
the jury must not be composed of prisoners confined
in the gaol, or of officers of the prison.^
And in inquests upon fires, they are to be
impanelled from among the householders resident
in the vicinity of the fire.^
No person appears to be exempted from serving
on coroners' juries, yet those who are exempted
ffom serving on other juries had better not be
summoneJ.^
The following persons are absolutely freed and
exempted from being returned and from serving as
' Fort, de Land, c. 25.
2 Umfrev. 212, 213.
3 55-66 v. c. 2!», s. 944, Dom.
* R. S. O. c. 217, s. 3
» See/H re Dutton [1892] 1 Q. B. 48G.
rH'TIES OF COliOXERS.
•211
either grand or petit jurors in any of the courts of
Ontario.^
1. Every person upwards of sixty years of age.
2. Every member of the Executive Council of
Canada and of the Province of Ont^vrio.
3. The secretaries of the Governor-General and
the Lieutenant-Governor ; and
4. Ever}' officer and other person in the service
of the Governor-General or Lieutenant-Governor
for the time being.
o. Every officer of the Dominion or Provincial
Government ; and
■ (3. Every clerk and servant belonging to the
Senate and House of Conmions and the Legislative
Assembly, or to the public departments of Canada
or of the Province of Ontario. '
7. Every Inspector of prisons.
8. The wardens of the Provincial Penitentiary,
the Central Prison and Eeformatory.
9. Every officer and servant in the said Peni-
tentiary, Central Prison and Reformatory.
10. Every jn-ge of a court having general
jurisdiction throughout Ontario.
IL Every judge of any county or other court
(except the General Sessions of the Peace) having
jurisdiction throughout any county in Ontario.
12. Every sheriff, coroner, gaoler and keeper
of a house of correction or lock-up-house.
' R. S. O. c. 52, 8s. 6, 7, 8, y, 10.
212
DUTIES OF CORONERS.
ill
I
13. Every priest, clergyman and minister of the
gospel recognized by law, to v.iiatever denomina-
tion of Christians he may belong.
14. Every member of the Law Society of Upper
Canada, actually engaged in the pursuit or practice
of his profession, \,'hether as a barrister or student.
15. Every solicitor of the Supreme Court of
Ontario actually practising.
IG. Every officer of any court of justice,
whether of general, county, or other local jurisdic-
tion, actually exercising the duties of his office.
17. Every physician, surgeon and apothecary,
duly qualihed to practise and being in actual
practice.
18. Every officer in Her Majesty's army or navy
on full pay.
19. The officers, non-connnission officers and
men of corps of volunteers, while they continue
such.
20. Every pilot and seaman actually engaged
in the pursuit of his calling.
21. Every officer of the post office, customs, and
excise.
22. Every sheriff's officer and constable.^
28. Every county, township, city, town and
village treasurer and clerk.
24. Every collector and assessor.
25. Every professor, master and teacher of any
university college, collegiate institute, high school,
^A coroner's constable is admissible as a juror, but if it can be avoid-
ed it is better tbat he should not be sworn of the jury. See R. v.
Wincganier, 17 Out. R. 20S.
DUTIES OF CORONERS.
213
public school or other school or seminary of learn-
ing, actually engaged in performing the duties of
such appointment.
2G. Every oflficer and servant of any such
university, college, school or seminary of learning,
actually exercising the duty of his office or
employment.
27. Every editor, reporter and printer of any
public newspaper or journal actually engaged in
such employment or occupation.
28. Every person actually employed in the
management and working of any railway.
29. Every telegraph operator.
30. Every miller.
31. Every fireman belonging to any regular fire
company.
Every member of the Senate and House of
Commons and of the Legislative Assembly of this
Province — every warden and every member of any
county council, — every mayor, reeve or deputy
reeve of any city, town, township or village, — every
justice of the peace, and every other member and
officer of any municipal corporation, — is also abso-
lutely freed and exempted from being selected to
serve as a grand or petit juror in Her Majesty's
inferior courts.
No man not being a natural-born or naturalized
subject of Her Majesty is qualified to serve as a
grand or petit juror in any of the courts aforesaid
on any occasion whatever.
214
DLri'lllS OF (JOllOSEliS.
No man attainted of any treason or felony, or
convicted of any crime that is infamous, unless he
has obtained a free pardon, and no man who is
under outlawry, is qualified to serve as a grand or
petit juror in an^ of the said courts on any occasion
whatever.
The coroner's jury in Ontario may consist of
any number of persons not less than twelve ; and
the verdict must be the opinion of the majority,
provided that majority be composed of twelve jury-
men at least. ^
The oath of the foreman and the oath of the
jurors will be founa in the appendix of forms of
Nos. 25 and 2(3, and if the foreman, or any of the
jurors affirm, form No. 36 can be used. And see
remarks upon swearing witnesses and jurors in
section 4, [)ost.
The old rule was that if twelve could not agree,
the jury should be kept without meat, drink or fire,
until they returned their verdict ; and if this w^as
ineffectual no verdict could be taken by the coroner,
nor could he discharge the jury and call another,
but he had to adjourn them to the next assizes for
the county, when they might have the benefit of
the opinion and direction of the judge. In modern
practice this harsh law has been mitigated and the
jurors allowed reasonable accommodation and com-
forts while making up their decision. If after
some delay, there is no chance of a verdict the
coroner should adjourn the jury to the next assizes
' Reglni v Gnldiiuj, 30 Q. B. 2.'9.
mm
DUTIES OF CORONERS.
215
for the county. And if they cannot then agree the
judge of the assize will discharge them.^
No'A^ under the provisions of the Criminal Code,
1892, jurors are allowed by law at any time before
giving their verdict, the use of fire and light when
out of court, and also reasonable refreshment.^
In a case at Winchester, April, 1880, Mr. Jus-
tice Hawkins is reported to have said that if the
coroner had himself discharged the jury when he
found they could not agree, he would not have
found fault w^ith him. But this cannot be looked
upon as a decided authority, since the point was
not before the learned judge for consideration. In
the fifth edition of Jervis, the editor suggests a
way out of the difficulty arising from a disagree-
ment of the jury, by the coroner inviting the jury
to find as much as they can agree upon, as for
instance the identity of the deceased, when, where
and how the death happened, and then the jury
could leave the question open whether the killing
was felonious, or such other questions as they
could not agree upon. The coroner might
then accept their finding, and after the inquisition
was drawn up and completed, discharge them.'*
But in all cases when juries cannot agree coroners
had better adopt what may be considered the
established practice and adjourn them over to the
' Regina v. Echiheatz, 4 F. & F. 1004.
'^ 50-50 v. c. 29, 8. 674, Dom. There may be some doubt whether this
provision applies to coroner's juries, but that can be left to the lawyers to
decide, and coroners are recommended to follow the modern practice
whenever it is reasonable that jurors should be allowed lire, light and
refreshment.
•* Ses ColcMiii V. City of Toronto, 23 Out. 1\, 345.
larii;'-
216 Dl'TI/CS OF COROXERS.
nexb assizes for the county and have them there
dtalt with by the presiding judge.
In a recent case in England, a jury disagreed
and were bound over by the coroner to attend the
next assizes, and on the matter coming before Mr.
Justice Day at the Hereford Assizes, all the jury
were in attendance except one, who was absent
through illness. Mr. Justice Daij, under the cir-
cumstances, discharged the jury, and the coroner
held another inquest.^
The jury may at an}' time during the inves-
tigation call back witnesses and ask them further
questions.
If a juryman has any evidence to give at the
inquest he should be sworn as any other witness,
but if possible a person who may be required as a
witness, should not be called as a juror.^
It is the province of the jury to investigate and
^ determine the fads of the case, but they should
take the laiv from the coroner.
The jury are summoned by the coroner issuing
his precept or warrant to the constables of the
county to summon at least twelve^ able and suffi-
cient men to appear before him at an hour and
place named. This warrant, with a summons for
each juryman^ is given to a constable, who should
jiilj serve the jurors personally, or at least leave the
llii'j
1 Attorney-General v. Moore, 1893, 1 Ch. G76.
- 1 Stilk, lOo ; lloscoe, 130 ; R. v. Winegarner, 17 O. R. 208 ; and see R.
V. Vetrie, 20 O. R. at p. 320.
3 Any number thoiifjht advisable, but not less than twelve, may be
sumnioneil. See Form No 10.
■« See Form No. 18.
Hi
1
1)1 i
Dl'TlKS OF CUJWXJiJi.S.
217
snmmons at their dwelling house with some grown-
up member of the family, and return the warrant
to the coroner with the names of the persons sum-
moned.^ Where a party jury is required, a war-
rant must also be issued to the gaoler of the
prison.^
If a person duly summoned as a juror does not,
after being openly called three times, appear and
serve as such juror, the coroner may line the delin-
quent person any sum he may deem proper, not
exceeding four dollars.^ x\nd he must thereupon
make out and sign a certihcate'* containing the
christian and surname, residence and trade, or
calling of such person, the amount of the line
imposed, and the cause of the fine, and transmit
such certificate to the clerk of the peace for the
county in which the person resides, on or before
the first day of the General Sessions of the Peace
then next ensuing, and cause a copy of such certifi-
cate to be served upon the person by leaving it at
his residence within a reasonable time after the
inquest. And the line so certified is estreated,
levied and applied in like manner, and subject to
the like powers, provisions and penalties in all
respects as if part of the fines imposed at such
General Sessions.*^ If sufiicient jurors attend the
inquest, it is unusual to fine those who do not obey
the summons.
> See Form No. 19.
2 See Form No. 17. Jervis O. C. 322.
» R. S .0. c. 80, 8. 5, and see 2 Hale, 59.
* See Form No. 23.
» R. S. O. c. 80, 88. 5, G.
218 DUTIES OF CORONERS.
Jurors are sometimes summoned verbally, but
tbis can hardly be considered a compliance with
the statute which says " duly sunmioned."
A warrant to summon the jury with a summons
for each of at least twelve jurors should be given to
the constable, and if it becomes necessary in order
to make up a jury to select any persons from the
audience, or who may be near at hand they should
be served with a regular sunnnons, care being
taken to choose only residents of the county where
the body is found. ^
If a constable refuse or neglect to make a return
of the service of jurors he can be fined before the
judge of assize.'-^
In Nova Scotia^ coroners are authorized by
statute to personally, or by a constable to summon
the jury.^ Where the inquest is on the body of a
person killed by a mine accident in Nova Scotia,
no person having a personal interest in, or employed
in, or in the management of, the miae in which the
explosion, or accident, occurs ; or any relative of
the deceased person can serve as a juror or as cor-
oner,^ and if in the opinion of the inspector it will
lead in such cases to a more thorough investigation,
and will be more conducive to the ends of justice,
he may require the constable, or other oiiicer,
to summon as jurymen, not more than three
working men employed at any other colliery than
' In re Duttoii, 18!>2, 1 Q. B. 486.
■ 2 Hale, 5[).
»R. S. N. S. 5th series, 1884, c. 17, a. 3.
^li.K. N.S. C.8, R. 24.
nCTIES OF VORoyEliS.
219
that at which the accident occurred, who sliall
form part of the jurymen in such inquests.'
In Prince Edward Idand, a coroner's jury con-
sists of seven in number only, and the jurors must
be summoned personally by the coroner, or by a
constable furnished with a precept for the pur-
pose.*^ They are to be selected from the nearest
inhabitants. •'
In British ColiDiibia, a jury must consist of not
less than six persons.* To avoid any uncertainty
as to the meaning of the statute in this behalf,
it is recommended not to summon more than
eleven jurors, under any circumstances, and if
six at least agree their verdict can be taken.
Whatever number of jurors are summoned, six at
least must agree to find a valid verdict, but if
there are more than eleven jurors it would ]>e
questionable if a verdict of six only could be
taken. If a juror does not appear and serve after
being duly summoned and openly called three
times, the coroner may impose a fine upon him not
exceeding ten dollars, and by warrant under his
hand, may by such person as he shall appoint,
levy the amount with costs, by distress of the
goods and chattels of the delinquent, the cost not
to exceed those usunlly payable under distress for
rent.^
In The North-West Territories, a coroner's jury
need not exceed six persons, but six jurors at
iR. S.N. S.c.8,8. 24.
■ Sfe Form No. IG.
339 V. c. 17, 8. 2, P. E. I. ,
*li. S. B. C. 1888. c. 24, s. 6.
'•' R. S. T). C c. 24, s. 13.
220 DUTIES OF conoMUts.
least rmist agree to render the verdict valid.*
Whatever number are sworn on the jury the ver-
dict must be that of the majority, but the majority
must be composed of at least six persons.
In Newfoiuidland, inquests are held by stipen-
diary nuigistrates sitting alone vithout a jury, and
there the office of coroner is abolished."^
. Sec. 4.— the WITNEHSES, AND HuW SUMMONED.
Who are competent witnesses has already been
considered in the chapter on Evidence.
All persons competent to give evidence who
are acquainted with the circumstances connected
with the subject nuitter of inquiry, should offer
their evidence to the coroner, and if they do not,
lie has authority to issue a summons'^ to compel
their attendance, and to commit them should they
refuse to appear,^ or, after appearing refuse to give
evidence upon the subject of inquiry'' ; or he may
fine them up to four dollars, which fine is enforced,
&c., in the same manner as fines imposed upon
jurors for non-attendance, as to which see the
previous section.*^
The witnesses are summoned by giving a con-
stable subpa3nas^ for them, which he must serve,
1 R. S. C. c. 50, 8. 85.
-■38 V. c. 8,N.F.
3 See Form No. 29.
•» See Form No. 31.
•> See Form No. 38 ; 1 Chitty Cr. L. 164.
« R. S. O. c. 80, 89. 5, 6 ; and see Form No. 23.
' See Form No. 2'J.
DUTIES OF COROXKRS.
221
and keep a meiiiorandiini of the service on each
witness, in order to be able to prove it.
When the attendjinco of any person coi.fined
in any prison or gaol in Canada, or upon the Hniits
of any gaol, is reqnired, the coroner must ninkc an
order upon the warden, or upon the sheriff, gaoler,
or other person having the custody of such pri-
soner, to deliver him to the person named in the
order to receive him.'
On the appearance of each witness the coroner
should cake down his name, abode and occupation,
and then administer the oath that he shall speak
the truth, S:c." The witnesses shoidd be sworn
according to the peculiar ceremonies of their own
religion, or in such manner as they think most
binding upon their consciences.'^ A Jew is sworn
upon the Pentateucli, a Turk upon the Koran, &c.
And Quakers, Mennonists, Tunkers and United
Brethren or Moravians and other witnesses who
object on grounds of conscientious scruples to
take an oath or are objected to as incompetent
to take an oath are allowed to aflirm* as follows :
" I solemnly affirm that the evidence to be given
by me shall be the truth, the whole truth, and
nothing but the truth." This right of affirming
is given under the Canada Evidence Act, 1893, s.
23, and only applies to witnesses. With regard
to coroners y 2/ rors the former practice must govern.'"'
^ See 55-5G V. c. 29, as. 675, 680, Dom.
2 See Form No. 36 ; Umf. 177.
'^Mildrone's Case, Leach Cr. Ca. 412 ; Walker's Case, Leach Or. Ca.
498.
* See Form No. 36, and Can. Ev. Act, 1893,
5 55-56 v. c. 29, s. 675,
222 i)UTu:s of vnjtoxEns.
A juror must be sworn according to the usual
form' unless it is not bindin;^^ on his conscience, in
which case the oath should be administered in
such form and with such cc^remonies as ho may
declare to be binding upon him.'^
A witness who declines swearing on the New
Testament, though he professes Christianity, may
be allowed to swear on the Old Testament, if he
considers that more binding on his conscience.'^
The manner of administering the different
oaths and their forms will be found mentioned in
the appendix of forms, No. 36.
If any witness is a foreigner, unable t under-
stand English, he must be examined through the
medium of an interpreter, who must be sworn well
and truly to interpret as well the oath to the
witness, as the questions put to him by the court
and jury, and his answers thereto.^
The coroner must hear evidence on oath, not
only on the part of the Crown, but for and against
the suspected person, and "on all hands" if it is
offered.^
After each witness is sworn, and his evidence
reduced into writing b_y the coroner, it must be
read over to him.'' Then ask him if it be the
whole of the evidence he can give, and any addi-
tions or corrections he mentions should be noted.
1 See Forms 25, 26.
2 Widker's Case, Leach Cr. Ca. 498.
^EdmumU\.Roive,li. &M..11.
I^'''"'! ^ "See Form. No. 37.
fy'i '"'^ 52Hale, fi2, 157; Rex v. Scorey, 1 Leach C. L. 43; R. v. Colmer,
^IrJ : . s 9 Cox C. C. 500.
^ii — —. - "i R. V. Plummer. 1 C. & K. COO.
11
4
Kfp jiilf
DUTIKS itF cnRoXICKS.
223
Eequost him to si^ni the dopositioiiH ut the end
and to the nt^dit hand of the paper. Jlis doin^^ so
is not abnohitely necessary/ but to refuse is a con-
tempt for which it is said the witness may be com-
mitted.^
Each deposition sliould be certified and sub-
scril)ed by the coroner. He should do so to the
left hand in the following' words :
" I certify that the above information was
taken and acknowled/^ed the day, year and phue
above mentioned, before me, A. B., Coroner."'*
If all the witnesses do not attend, or if thor<»
be any good reason, the coroner may adjourn the
inquest to another day, to the same or another
place, first taking the jurors in a recognizance for
their appearance at the adjourned time and place.*
In Britinh Columbia, a witness duly summoned,
who, after being openly called three times, fails to
appear and give evidence, may be fined by the
corone in the same way and to the sajne extent
as a juror. '^
In The North-ioest Territories, coroners, by
It. S. C. c. 50, s. 86, have the same powers to
sunnnon witnesses and to punish them for disobey-
ing a sunnnons to appear, or for refusing to be
sworn, or to give evidence, as are enjoyed by
justices of the peace. And by turning to thu
iL. C. L. 996.
- Bee Form, No. 39 ; Chitty C. L. 1G4 b. 1, C. &. K. GOO.
=* Powell, Ev. 307.
■»SeeForm, No. 43. ,
«R. S. B. C. 1888, c. 24, 8. 13, "" ^ " '
224 DUTIES OF COROXimS.
Criminal Code, 1892/ we find these powers stated
as follows : " If it appears to the justice that any
person being or residing within the province, is
likely to give material evidence either for the
prosecution or for the accused on such inquiry, he
may issue a summons under his hand ^ requiring
sucii person to appear before him at a time and
place mentioned therein, to give evidence respect-
ing the cliarge, and to bring with him any docu-
ments in his possession or under his control,
relating thereto.^ The summons must be served
by a constable, or other peace officer, upon the
person either personally, or if he cannot be con-
veniently met with, by leaving it for him at his
last or most usual place of abode, with some
inmate thereof apparently not under sixteen years
of age.^ If the party does not appear at the time
and place appointed, and no just excuse is offered,
then (after proof upon oath that such summons
has been served as aforesaid, or that the person is
keeping out of the way to avoid service) the justice,
being satisfied by proof on oath that he is likely to
give material evidence, may issue a warrant under
his hand to bring such person at a time and place,
to be therein mentioned, before him or any other
justice, in order to testify as aforesaid.'^ If the
party is brought before a justice on such warrant
he may be detained before the justice, ... or in
the common gaol, or any other place of confine-
155-66 v. c. 29, Dom.
=> See Form K. Sch. to Act.
3 See 55-5() V. c. 29, ss. 580, 843, Dom.
- * See 55-5(5 V. c. 29, s. 581, Dom.
* See Form L. Sch. to Act.
DUTIES OF COROXKRS.
225
ment, or in the custody of the person having him
in charge, with a view to secure his presence as a
itness on the clay appointed, or he may be
released on recognizance with or without sureties,
to give evidence as therein mentioned, and to
answer for his default in not attending upon the
sunnnons as for a contempt, and the justice may,
in a summary manner, examine into and dispose of
the charge of contempt against such person, who,
if formd guilty thereof, may be fined or imprisoned,
or both, such fine not to exceed $"20.00, and such
imprisonment to be in the common gaol without
hard labour, and not exceeding the term of one
month, and he may also be ordered to pay the
costs incident to the service and execution of the
sunnnons and \>.^vrant, and of his deteniiuii in
custody.^ If the justice is satisfied by evidence
upon oath that any person Vvithin the province
likely to give material evidence either for the
prosecution or for the accused, will not attend to
give evidence without being compelled so to do,
then, instead of issuing a summons, he may issue
a warrant in the first instance ^ which mav be
executed anywhere within the jurisdiction of such
justice.'^ Any witness who refuses to be sworn
after appearing, or having been sworn refuses to
answer such questions as are put to him, or refuses,
or neglects to produce any documents which he is
required to produce, or refuses to sign his deposi-
tions, without, in any such case, offering any just
1 See Form P. P. Sch. to Act.
2 See Form M. Sch. to Act.
3 55-56 V. c. 2y, s. 583, Dora.
B.C. — 15
226
DUTIES OF VOROXKIiS.
excuse for such refusal, the justice may adjourn
the proceedings for any period not exceeding eight
clear days, and may, in the meantime, by warrant,'
commit the person so refusing to gaol, unless he
sooner consents to do what is required of him.
And if such person, upon being brought up upon
such adjourned hearing, again refuses to do what
is so required of him, the justice, if he sees fit,
may again adjourn the proceedings, and commit
him for the like period, and so again, from time to
time, until such person consents to do what is
required of him. But this shall not prevent the
justice from sending any case for trial, or otherwise
disposing of the same in the meantime, according
to any other sufficient evidence taken by him.^
o
Sec. 5.— counsel.
Counsel appear to be on the same footing as the
general public^ with regard to having a right to
attend the inquiry. The coroner can exclude them
if he thinks proper and counsel cannot insist upon
being present, and upon examining and cross-
examining witnesses, and can maintain no action
against a coroner for excluding them from the room.
Counsel being employed by clients to attend on
their behalf makes no difference. But if any of the
family of the deceased, or any persons likely to be
accused by the verdict, desire to be present, or to
' See Form O. Sch. to Act.
■'55.56 v. 0. 29, s. 585, Dom.
» See Chap. XII. 8.2. . ^
DUTIES OF CORONERS.
227
be represented by counsel, such desire should be
gratified except under very special circumstances.^
This power of exclusion should be cautiously
used, as few cases can occur in which its exercise
can result in any good.
Robinson, C.J., recommended that a sound and
reasonable discretion, as well as due moderation
should be exercised by all persons discharging judi-
cial duties, and he says counsel have no more right
to insist on taking part in the proceedings at an
inquest, than they w^ould have to go into a grand
jury room, and insist on examining witnesses called
before them.^
Should the ends of justice or the feelings of the
family of the deceased really require the inquest to
be conducted privately, the coroner may, in his
discretion, exclude counsel for or against the sus-
pected person.^
If it should become necessary for a coroner to
exercise his power of exclusion, or if counsel or any
of the public should be persistent in questioning
witnesses against the wish of the coroner the of-
fender should first be requested to desist, and then
if necessary to leave the room. On refusal the
coroner should cause the constable to remove him
using no unnecessary violence.
In Nova Scotia, w^hen an inquest is held on the
body of a person killed in a mine accident, the
1 Barclees' Case, 2 Sid. 90, 101 ; Jeivis O. C. 241.
» Ag7iew V. Stemirt, 21 U. C. Q. B. 3W\.
^ The professional reader is referred to Jervis O. C. 2G4, et neq., for
ar<,'nnient8 and cases for and against this power of exclusion, and Agnnw
V. Steivart, 21 U. C. Q. B. 3%; Garnett v. Furrand, 1 B. & G. Oil.
m
•1; ' 228 DUTIES OF CORONERS.
,L, workmen of the colliery at which the accident
occurred, are at liherty to appoint a person to
represent them at the inquest, and examine the
witnesses, but subject to the order of the coroner.
At such inquest the person so appointed whether a
legal gentleman, or not, is entitled to be present.^
Sec. G.— opening THE COURT.
On the day appointed, the coroner, constable,
jurors and witnesses must all attend. The coroner
having received the return of the jurors and warrant
from the constable, endorses a return on the back
thereof, which is signed by the summoning con-
stable, thus :
" The execution of this precept or warrant
appears in the schedule annexed.
" The answer of A. B., constable."
Annex a schedule containing the names of the
jurors summoned, and shewing when and where
each juryman was served.^
The warrant should be preserved and returned
with the other papers by the coroner.
A sufficient number of jurors being present
(that is not less than twelve in Ontario), the cor-
oner now directs the constable to open the court by
proclamation,^ and afterwards proceeds to call over
the names of the jury, making a dash against the
1 11. S. N. S. c. 8, 8. 24.
!" See Form, No 19.
3 See Form, No. 21. . . ,
DUTIES OF CORONERS.
229
name of each us he appears. They are not chal-
lenj^'eahle, but an objection properly made may be
admitted.^ When the court is opened no other
persons should be allowed to act as jurymen than
those already selected or sunnnoned,^ nor should
any of those selected be allowed to retire from the
jury notwithstanding twelve or more may be left.
If twelve of those summoned do not appear, a suffi-
cient number to make up twelve can be summoned
from the persons present or in the neighbourhood
being residents of the city or county.
The jury being brought in view of the body, are
requested to choose their fojeman. After the fore-
man is chosen he is called to the book and sworn,
the coroner first saying to the other jurors, "Gentle-
men, hearken to your foreman's oath; for the oath
he is to take on his part is the oath you are sever-
ally to observe and keep on your part."
After this the Ibreman is sworn,'' and then his
fellows, by three or four at a time,* in their order
upon the panel, and it is better with the body still
before tliem.^ The coroner then takes down on his
papers the names in full of the foreman and jurors,
and proceeds to call them over one by one, first
saying, "Gentlemen of the jury, you will answer to
your names, and say 'sworn' if you are sworn."
The coroner now charges the jury, acquainting
them with the purpose of the meeting.^ The jury
1 Umf. 185.
2 See Cox's Cr. Law Cases, Vol. IX. Part VI.
3 See Form, No. 25.
••See Form, No. 26.
» But see 11 v. Ferrand, 3 B. & Aid. 260 ; R. v. Iiiffham, 5 B. & S. 257.
« See Form, No. 27.
230
DUTIES OF COnOXEliS.
should then view and examine the body, the coroner
drawing their attention to, and making observa-
tions upon, such appearances as call for notice.
Sec. 7.— viewing THE BODY.
This is an inflispensahle proceeding, as all in-
quests nnist be taken super visum, coyyorls — that is,
upon view of the body — the dead body itself being
the first evidence offered to the jury. If, therefore,
the body cannot be found, or is in such a state as to
afford no evidence on inspection, an inquest is not
to be held by the coroner, unless under a special
commission for the purpose.^
As far as possible, the whole of the body should
be available for inspection by the jury. If it has
been buried, it should be entirely exhumed, to per-
mit of a coiriplete examination, if thought neces-
sary, but it is not necessary that the jury should
view the coniplete body, nor that the bod}' should
be entirely stripped for the view ; but they shoidd
see some portion of it, and should have the oppor-
tunity of seeing the whole body if they so desire.
In the Princeton murder case, the body of Benwell
had been buried before being viewed by the
coroner's jury, and the face only (it was reported)
was uncovered, and the jury viewed that alone.
If this report was true, such a proceeding, which
precluded the possibility of the jury viewing the
whole body, if they so desired, was hardly correct.
»2 Hawk. p. C. 9.
DUTIES OF CORONERS.
281
The view must be taken at the first sitting of
the inquest, and the coroner and jury must be all
present together. The jury are not to view the
body one by one, or the coroner at one time and
the jury at another,^ but all nnist be present at one
and the same time, in order that the observations
of the coroner may be heard by all.*^
The view, too, must be taken after the jury are
sworn, otherwise a material part of the evidence
will be given when the jury are not upon oath. It
is safer to swear all the jury at the same time and
in view of the body.'' When viewing the body, its
position and appearance, its dress and marks of
violence, blood spots and marks of mud thereon,
and the appearance of the surrounding enrth or
objects, should all be most minutely noticed. The
skill and intelligence of the coroner and jury can
here be shewn more than in the performance of any
other part of their duties.
It is most important that the identification of
the body should be clearly established, and the
evidence as to this fully preserved ; and if it is a
case which will come before the criminal courts, it
should be borne in mind that the identification of
the body of the deceased must extend to its being
that of the person with whose death the accused
will be charged.'*
^ In England, by statutes 6 & 7 V. c. 83, s. 2, the coroner and the jury
need not all view the body at the same time, but in Canada we must Htill
go by the old law as stated in the text.
'' 1 Chit. Rep. 745 S. C. ; 3 B. jt A. 2G0. ^
» R. V. Inqham, 5 B. & S. 257.
* See in re Berry, 9 Ir. R. 123. _..,, :: . .
;i!i
232 DUTIES OF VO RON Kits.
Where judgment of death is executed on any
offender, the law requires that the jury inquire
into and ascertain the identity of the body, and
whether judgment of death was executed on the
offender.^
Before making some general remarks upon the
appearances to be noticed, it will be f)roper to
caution persons who may be required to take part
in inquests not to permit sudden prejudice to
influence their minds. If there is anything
unusual in the death, nothing is more connnon
than for a suspicion of murder to arise at once,
which, from repetition, easily becomes a belief in
many minds.^ Popular inclination of this kind
should be guarded against by the jurymen in par-
ticular.
The general appearances to be noticed when
viewing the body may be considered under the fol-
lowing heads :^
1. The place where the body is found.
2. The position of the body.
3. The marks and spots upon the body and
clothing.
4. The surrounding objects : their position
and indications.
5. The bearing and conduct of the parties in
attendance.
Ij 1 55-5G V. c. 29, a. 944, Dom.
2'2Beck, p. 3.
•' M ich of the information j^iven under these heads is taken from the
Upper Canada Law Journal for February, 1856.
JJUTIES OF CORONERS.
23n
1. The 1)1 ace where the hodjf in found. — When
inspecting the place where the body is found, care
should be taken to ascertain, if possible, whether
or not the person died in that place, for most of
the information to be obtained from an inspection
depends entirely upon the death having taken place
in the spot examined. A hasty conclusion, there-
fore, regarding the place of death being the same
as the plac> where the body is found, is to be
avoided. In cases of very severe wounds, par-
ticularly of the head, jurors and even medical men
are too apt to think that the injured person must
have been instantly deprived of the power of voli-
tion and locomotion, and have died immediately.
This is not alwa^^s the case, for persons have been
known to live for days after the most severe
wounds of important organs, and to have retained
their power of willing and moving to the last.
In>tances of this kind have already been noticed in
Chipter v., and others can readily be found in
works on medical jurisprudence. Even when the.
wounded person is too much injured to walk, he
may have sufhcient power to turn upon his face or
back, and thus change the relative positions of the
murderer and the murdered, so as to render value-
less any inference to be drawn therefrom. If a
severe wound of an important organ is accompanied
by great hemorrhage, in general there can be no
struggling or violent exertion after the wound is
inflicted.
A careful examination of the place where the
body is found and the place where the person died
284
DUTIES OF COItONKIiS.
will often supply evidence to distinguish between
homicidal, suicidal and accidental death, and the
examination should bo made bearing in mind these
three kinds of death. iVny peculiarity in the soil
should, be carefully noticed, and compared with any
mud that may be found on the body or clothes of a
sU'pected person. Foot-prints near the body
should be guarded from obliteration. The method
usually recommended for ascertaining if a foot-
print was made with a particular boot is to make
an impression with the boot near the one found,
and compare the two. Placing the boot into the
impression is not advisable, as doing so may
destroy the print without giving any satisfactory
evidence, and will not afford any means of com-
paring the nails, patches, etc., on the sole with
the original impression. Some writers assert that,
the foot-print on the ground is generally smaller
than the foot which made it, owing to the consis-
tence of the soil, the shape of the foot, or the boot
or shoe covering it, or the manner in which the
foot was placed in walking. Sometimes it is said
to be larger if on a light soil.^
But Prof. Tidy, who seems to have given this
matter his usually close and careful attention,
states foot-prints in sand or other material of fine
and freely moveable particles, are usually smaller
than the foot, and in clay, or other material not
composed of fine and free particles, the impress is
larger than the foot. An impress made by a per-
son running is always smaller than that of the
' 2 Beck. 14<).
,.:..,1..L:..:
DUTIES OF CORONERS.
235
same person walking', and of the same person
standing still will be larger than either.^
The direction of stains, position of weapons,
etc., compared with the foot-prints, should be
recorded.
If a decomposed body is found in ice, or snow,
the chances are that the person did not die from
cold, but that after putrefaction connnenced, the
body was by some means brought from a warm
place to where it was found. '^
Suicides rarely choose a long, lingering and
painful mode of death.
2. The position of the body. — The position of the
body will sometimes indicate the mode of death,
and will often afford evidence strongly corrobora-
tive of or adverse to its supposed or ascertained
cause. For instance, a body found in an upright
or sitting posture with a severe wound on the head
would lead to the supposition that it had been
placed in that position after death. But murder-
ers have been known to purposely place their
victims in positions calculated to indicate acci-
dental or suicidal death. And, on the other side,
persons dying from accident or by their own hands
have been found in positions strongly suggestive
of murder. An extraordinary case of this kind is
on record. A prisoner hung himself b}'' means of
his cravat tied to the bars of his window, wdiich
was so low^ that he was almost in a sitting posture,
and when found his hands were tied by a handher-
' Tidy, Vol. I. pp. lo3, 154.
- *Tidy, Vol. II. p. 737.
236 DUTIES OF CORONERS.
chief. Tin's was nn(l()ul)te(lly a crbg of siiioido.
It was supi)()se(l he had tied his hands witli liis
teeth. In cases of death hy han^^nn^', the postnre
of the hody may be of considerable importance in
distiii^Miishing snicidal from homicidal han<,nn<^,
but in the former it is not necessary that the body
should have been totally suspended. Cases fre-
quently occur where the bodies are found with the
feet on the ^^ronnd, kneelin^Lj, sitting, or even in a
recnn)bent posture.^ The convict Greenwood, who
huii^' himself in the Toronto f,'aol, some years a<^o,
when found was han<(in^ by a long tv wel from the
I bars of his cell window, and so close to the lioor
that he had to crouch in order to throw his weight
on the towel.
A convict named Switzer connnitted suicide
[ by strangling himself with a small rope attached
; to the grating of his cell. He was found on his
I feet, but leaning forward far enough to produce the
{ pressure suiiicient to cause strangulation.
, A curious case connected with this subject
occurred within the writer's own knowledge dur-
ii ing the month of January, 1864. A won] an of
dissipated habits was found dead in her own house
in a sitting ]josture. She appeared to have slipped
from her chair while intoxicated, and in doing so
caught the string of her cap over the back part of
the chair, and being alone and unable to extricate
herself, was strangled.
As a rule a horizontal mark of a cord, the knot
being on the same level as the cord, more especi-
:_. ., ^Taylor, Vol. II. pp. 55, 57.
Dl'TIRS OF CORONERS.
2:n
ally if it be a coiiiplote mark and hdow the Jtiri/nx,
suf^'^osts stnin^Tilation rather than suspension.
And if there are sercral marks of the cord, strangu-
lation is always ratiier su«j:^a'stod than han^in*^.'
When the last attitude of life is maintained
after death, important evidence mav be f,Mthered
from the position and posture of the body. It
should be noted whether the body tits itself to the
surface on which it rests or not. It should also be
noted whether the eyes are open and jawdropijed.'*'
What was in the hands, if any thing, and if a
weapon, whether it could, from its position be a
case of suicide or not. ^^'hatever is found should
be carefully preserved and means taken to identify
it. The force with which the articles are grasped,
should also be noted before removal from the
hands. A firm grasp would rather indicate suicide
than homicide, but if the weapon be found loosely
held, no conclusion of value can be deduced as to
the question of suicide or homicide.'^
If possible, the body should be first viewed
exactly in the position in which it was found.
1 Tidy, Vol. III. p. 204.
-Prof. Tidy says if a dead body be discovered, evenly extended and
fillin^^ accurately tbe surface on wliicli it rests, having the eyes and jaw
closed, it is practically certain there must have been some interference
with the corpse after death, id before post mortem rij^idity commenced.
(Vol. I. p. 5(1.) Old ni^rscr and other exiierienced persons close the eyes
and bind up the lower i>>.w as soon as possible after the person is deiid in
anticipation of the rij^idity which may set in very soon. Tennyson alludes
to thin cnatoxn in The Death of the Old Year: —
" His face is growin,^' sharp and thin,
' Alack! our friend is fjone,
Cloxe up his eyes ; tie up his chin;
Step from the corpse, and let him in ' " 7
- - ~ ■ ^ ■" ' That standeth there alone,
■ '■ And waiteth at the door.''
3 Tidy, Vol. I. p. 56.
238 tjcties of coroxers.
3. The Marks and Fjpots vpon the Body and
Clothing. — These may be exainiiied by the coro-
ner and jury, but a medical witness will be more
competent to draw conclusions from them, should
the suspicious nature of the death render the pro-
duction of such testimony proper. The body
should be inspected for swellings, coloured spots,
tattoo marks, wounds, ulcers, contusions, fractures
or luxations, and any fluid flowing from the nose,
mouth, ears, sexual organs, etc., should be care-
fully noted.
Taltoo marks rarely become obliterated, and
when they do, only after at least ten years. They
can be artificially obliterated, but the means
adopted will leave scars, as actual destruction of
the skin must be effected.^
Before making this examination of the body,
the clothes should be looked at, and mud or blood-
stains thereon noticed. Also, any cuts or rv^nts,
their size, shape and direction, and whether they
correspond with cuts or marks on the body. And,
as the (dothes are removed, notice what compresses
or bandages, if any, are applied to particular parts.
The effects of lightening may simulate those of
violence, and lead to a suspicion of foul play.*
Putrofactio^i often sets in very rapidly after death
from lightening.'^
The existence of goose-sldn or cutis aiiserina
proves that a body found in water was thrown into
■ Tidy, Vol. I. p. 167.
^ Tidy, Vol. II. p. 133.
3Tidy, Vol. II. p. 141. ■- ■ ~- T
DUTTEf! OF CORONERS. 23f)
the water when the skin possessed the power of
contractiHty.^
The features should be carefully scrutinized,
since the cause of death has much to do with the
features after death, but the countenance may
alter rapidly after life ceases. It is said the
features indicate repose after death by sword
wounds, and pain after death by the bullet.^
The natural warmth of the body usually dis-
appears, in from fifteen to twenty hours, and Prof.
Tidy states that the rapid cooling of a body after
death may suggest the cause of death, but that no
conclusion can be drawn from the sloiv cooling of a
body.^
It is considered a general rule that if the
muscles are flexible and contract under the in-
flue^ice of the interrupted current, the (experiment
being conducted by preference on the trunk
muscles, or the flexor muscles of the limbs) death
probably occurred within three hours, but most
certainly within twenty-four hours of the time of
the experiment.*
Bigor mortis lasts as a rule until putrefactiuii
commences. It sets in vsiialhj in three or four
hours after death, and is complete about the lifth
or sixth hour; but the period may be greatly
extended or greatly shortened. In muscular and
well-developed subjects, and death is sudden with-
out previous fatigue or weakening by pair or
1 Tidy, Vol. III. p. 220.
"Tidy, Vol. 1.^.34. ^
» Tidy, Vol. l.\ 44.
* Tidy, Vol. I. p. 49.
240 DUTUiS OF COROXERS.
disease, it may be delayed for twelve or even more
hours. Exposure of the body to cold delays its
appearance, but there is no well-authenticated
case where it has been delayed beyond twenty-
four hours. On the other hand, rigor mortis niay
appear very soon. It has been known to com-
mence within five minutes of death, and while tlie
body w^as warm and the heart still beating. In
cases of sudden death, after muscular exhaustion
it has set in instantaneously, causing the body to
retain the attitude it was in when death occurred.
This has also occurred in deaths from apoplexy and
drowning. Where the person has been exhausted
by suffering, rigor mortis may appear immediately
at death. ^
liigor Mortis has lasted so short a time as to
be reported as not occurring at all, and in special
cases it has continued for several weeks. Still-
born children may exhibit well marked rigidity.^
It would be impossible to mention all the things
to be noticed when examining the body and
clothes. Indeed, little more can be done than
suggest the sort of inquiries which should be made.
Each case will present its own peculiar features,
which the medical man must observe in such man-
ner as his ow^n judgment and foresight may prompt
him. He should not, however, confine himself to
mere inspection of what actually presents itself to
his eyes. He should search for objects which are
not obvious at the first glance, and conduct his
search with great caution, if not scepticism, always
1 Tidy, Vol. I. pp. 51, 55.
' Tidy, Vol. 1. p. 69.
ni'TIKS OF CORONERS. 241
i-ejiiejiiberiiig that hasty coiiohisions or thoughtless
omissions may both endanger his own reputation
and the hves of his fellow creatures.
4. Tlie Surrouiulinr/ Object!^. — After conclud-
ing the examination of the body and clothes, the
surrounding objects next demand attention. Ascer-
tain the direction of footsteps near the body, and
search for marks, etc., on the objects around. If
blood is found, note whether it apparently fell with
force, and in what direction ; whether it is venous
or arterial, fresh or old, etc. If the death has been
a violent one, search for the instrument, and if
found, see that its identity is preserved. Note the
presence or absence of blood, hairs, etc., on it, its
form considered in connection with the character
of the wounds. The hand in which it is found ; its
position in the hand, viewed in relation to the
direction of the wounds.^ In cases of suspected
poisoning every vessel in which food has recently
been prepared should be examined, and the con-
tents reserved for analysis.
The number, size, and shape of stains should
be noted, and whether they are of the nature of
spots or smears. Also their exact position ; and if
on a fabric, the side on which they occur. -
The surrounding objects cannot be too carefully
noticed, as the following case will illustrate : —
The perpetrators of the murder, in 1751, of Mr.
Jeffries, by his niece and a servant, were discovered
from the dew on the grass surroyinding the house
1 Tidy, Vol. I. pp. 57, 58.
2 Tidy, Vol. I. p. 184.
B. c— 16
242 nrriEs or rvr.ox/CR.s.
not having been disturbed on the morning of the
murder. This led to the suspicion that the nuu'-
derer was a domestic, and had not left the
premises.
In cases of suicide by hanging, the drop is
seldom considerable.^
5. The BeariiKj and Conduct of the Parties in
Attendance. — Crime is rarely self-possessed ; and
when most on his guard, the culprit is apt to
betray himself by an excess of caution, or by
numerous and improbable suggestions as to the
cause of death. An intelligent observation of the
surrounding persons, then, may sometimes be of
use.
Sec. 8.— continuing AND ADJOURNING THE COURT.
The body having been viewed, it may be re-
moved, if necessary or proper, to some convenient
place, and the coroner and jury proceed with the
inquiry. They need not sit in the same room v/ith
the body, nor at the place where it was found, nor
where it was viewed.^
The coroner first calls over the names of the
jury, to see they are all present ; and having ascer-
tained they are satisfied with the view, he then
adds to his former charge any observations sug-
gested by viewing the body, and informs them
briefly of the object of their inquiry — viz., the
cause of death, adding :
1 Tidy, Vol. III. p. 2-13,
» Jervis O. C. 323.
DUTIES OF vonoNEiis. 243
"I shall proceed to hear and take down the
evidence respecting the fact, to which I must
crave your particular attention."
The officer in attendance now calls silence, and
repeats after the coroner the following proclama-
tion for the attendance of witnesses :
"If any one can give evidence on behalf of our
Sovereign Lady the Queen, when, how, and by
what means A. B. came to lih death, let him come
forth and he shall be heard."
If the inquiry is to be conducted privately, the
room must be cleared, and the witnesses called in
one by one. When a witness comes forward to
give evidence, the coroner takes down his names in
full, place of abode and occupation ; swears him
either in English ^ or through the medium of an
interpreter, who must also be sworn," and then
takes down his evidence, having previously pre-
pared his examination papers or book by intituling
the informations.'* So long as the fair and obvious
meaning of the words of the witness is taken down*
in the pres^ \ce of the party accused, if he can be
apprehended, the jquirements of the law will be
fullilled, but it is frequently desirable at trials
J See Form, No. 36.
- See Form, No. 37.
^ See Form, No. 40.
* In cases of manslaughter or murder, or of accessories to murder
before the fact, coroners were required by R. S. C. c. 17t, s. 92, to put in
writing the evidence, or so much thereof as was material, in presence of
tlie party accused, if he could be apprehended, but this provision liaa
been omitted from the Criminal Code, 1892, which repeals chapter 174
of R. S. C. ; the text, however, is left as it was, since, if any one is
accused, it is reasonable that he should be brought before the inquest as
soon as possible, and be allowed to hear the evidence ; although this is
not of the same importance as it was when the accused could be tried on
the inquisition found against him.
244 DUTIES OF rofiox/Cfis.
following inquests that the exact words of the
witness as uttered before the coroner should be on
record ; and coroners are strongly reconnnended to
take down the depositions in the exact natural
language and peculiar expressions used by the
witnesses, following their language in the lirst
person.
Before the witness signs his examination, let it
be read over to him. and ask him if it be the whole
of the evidence he can give : he signs it to the
right hand of the paper. Before he does so, ask
the jurors if they have any further questions to be
put to the witness. The coroner then subscribes
the examination himself to the left hand.^
All the evidence offered, whether for or against
the accused, must be received.^
If, from all the witnesses not attending or from
a post mortem examination being necessary, or from
other cause, it be thought advisable to adjourn, the
coroner may, in the exercise of a sound discretion,
adjourn the inquest to a future day, to the same or
another place, first taking the recognizances^ of the
jurors to attend at the time and place appointed,
and notifying to the witnesses when and where the
inquest wdll bo proceeded in."* The coroner then
dismisses them.''"'
If on the day appointed for continuing the
in(iuest the court is not formally opened and further
' See Form, No. 40.
-2 Hale, l')?, CO, (51.
3 See Form, No. 43.
^ 111 case a witness is too sick to attend the court, or if he is a pris-
oner, this power of adjournment may be used iu order to take the court
to the witness.
^ See Form, No. 44. ' -
^
I) ('TIES OF CORONERS. 246
adjourned, the proceedings drop and the court is
dissolved, and everything else done in the matter
of the incpiest is coram mm judice, and this is so
even where the adjournment takes place only for
the purpose of drawing up a formal inquisition after
the jury has in substance agreed upon their verdict.
The coroner should therefore be particular in
seeing where an adjournment has been made, that
his court is formally opened according to the
adjournment, and so on from time to time if further
adjournments are had, no matter whether anything
else is done at the adjourned meeting or not. The
court can only be kept alive by a formal opening
after each adjournment as if further busines was to
be done.^
A warrant may now, in the discretion of the
coroner, be granted for burying the body,^ if not
required for a post mortem, or the body may be
kept unburied until the completion of the inquest,
if no inconvenience is likely to arise. If it was
found publicly exposed, in Ontario and is unclaimed
within 24 hours after death by a known relative or
by some person who obtains an order from a police
magistrate having jurisdiction in the locality, auth-
orizing the delivery of the body to such person, and
who pays the sum of five dollars to defray the
funeral expenses of the body claimed, which sum
is to be paid to the undertaker when the body has
been properly interred, or the dead person being a
lunatic, died in an Ontario Provincial Asylum for
the insane, the coroner must give notice thereof to
' R. V. Payn, 3-1 L. J. Q. B. oVi.
2 See Forms, Nos. 4G, 47.
m
DUTIES OF COROXEHS.
the Inspector of Anatomy of the locuhty, if there be
one, and dehver it to him whether an inquest has
been hehl on it or an inquest is found unnecessary.
If there be no Inspector of Anatomy for the locahty,
the body nnist be interred as customary.^ And the
body of any person found dead, in Ontario, who,
immediately before death, had been supported in
and by any pubhc mstitution, is to be phiced under
the control of the Inspector of Anatomy for the
locality.^
The bodies of persons, being lunatics, dying in
any Provincial Lunatic Asylum in Ontario, are to
be decently interred in all cases.''
The body of every convict who dies in the peni-
tentiary, if claimed, must be delivered over to the
friends or relatives of the deceased ; but if not
claimed, it may be delivered to an Inspector of
Anatomy, or to the Professor of Anatomy in jiny
college wherein medical science is taught; and if
not so delis'ered, it nnist be decently interred at the
expense of the institution.'*
The adjournment of the courfc is done by the
officer making proclamation.^
Formerlj' the jury had to inquire as to deodands,
flight, forfeiture and escape, but now they need
only consider the cause of death.
It has been held not to be improper for the
Crown-attorney, acting for the prosecution at the
• 1 R. S. O. c. 149, 88. 1, 7 ; 62 V. c. 2d, s. 1, Ont.
■ R. S. O. c. 149, 88. 1,7; 52 V. c. 24, s. 1, Ont.
» R. S. O. c. 149, s. 1.
* R. S. C. c. 182, s. 60.
" See Form, No. 45.
IH'TIKS OF COROXF.IiS. 247
inquest, to enter the jury room with the consent
of the coroner, after the jury hud iigreecl upon
their verdict, to advise the jury as to the proper
liuiguafije to be employed in drawing up their
decision.^
The jury nuist not now return a verdict from
their own knowledge of the fact, witliout any
evidence being adduced before them. If a jury-
man can give evidence, he should be sworn in the
ordinary manner.-
In consequence of a report that at the close of
an incjuest a coroner stated it was customary for
coroners to treat the jury after an inquest, the
author desires to say that he does not know of any
s>ich custom, and that he trusts if such an an-
nouncement was really made, the coroner was
mistaken in supposing it was a common practice.
The office of coroner is an ancient and honourable
one, to say nothing of its being a judicial position,
and coroners should uphold as much as possible the
dignity of their office. To encourage the practice
of such a custom as the one alleged to exist would
be lowering the position.
In the present edition of this work several of
the proceedings of the coroner's court, which were
given in the former editions, have been withdrawn
from this section to avoid repetition, as they will
all be found in the programme of proceedings now
given in Chapter XY.
>iJ. V. SajtdersoM, 15 Ont. R. 106.
M Salk. 405; 7f. v. Winefjarner, et al, 17 Out. R. 20S. In tliis case
the constable at the inquest was sworn both as a juryman and a witness,
and another juryman was also sworn as a witness, and the court held
there was no objection to the evidence of either of them.
248 DUTIES OF CORO^'EES.
In Nora Scotia, when the inquest is held on
the body of a person who has been killed by an
explosion or accident in a mine, and the majority
of the jury think it necessary, the coroner nmst
adjourn the inqnest to enable the inspector or
some other properly qualified person appointed by
the connnissioner, to be present to watch the pro-
ceedings ; and in these cases the adjournment
mnst be long enongh to allow of four days' notice
in writing of the time and place of holding the
adjourned inqnest, to be given to the commis-
sioner. Nothing should be done at the inquest in
such cases beyond taking evidence to identify the
body and to order its interment if thought proper,
until the adjourned meeting/
In New Brunsiolch, after the inqnest the coro-
ner mnst grant a permissive warrant "for burial of
the deceased and the body must be delivered to any
of his relatives or friends who wish to take charge
of the burial, a id if no one undertakes the duty, and
the body is within the city of St. John, or within
five miles of the alms house of the city of Frede-
rickton, the townr. of Portland or St. Andrews, or
any other town or parish with an established alms
house, it nnist be sent to the dead house in charge
of the constable attending the inqnest, and be
delivered to the keeper thereof, accompanied by
the warrant, to be by the constable delivered to, or
left at the residence of the overseers of the poor
of the parish wherein the body was found, or any
one of them, who shall bury the deceased in the
' R. S. N. S. c. 8, s. 24.
"See Form, No. 4G.
nCTIHS OF COHOXEliS. 249
same manner as if ho had died a pauper, unless
otherwise directed ' y the coroner. Shouhl the
distance be beyond such Hmits, the warrant nuist
direct the constable to bury the body in a decent
manner with proper economy, and to render an
account of the expenses to the coroner which, with
the constable's fees for burying the body, must be
paid to the constable by the overseers of the poor
of such parish on the order of the coroner stating
the charge is reasonable and proper.^
Sec, 9.— THi: MEDICAL TESTIMONY.
If in Ontario or New Brunswick the coroner
Unds that the deceased was attended during his
last illness or at his death by any legally qualilled -
medical practitioner, he may issue his order for the
attendance of such practitioner as a witness at such
inquest.'* Or if the coroner finds that the deceased
was not so attended, he may issue his order for the
attendance of any legally qualified ^ medical practi-
tioner, being at the time in actual practice, in or
near the place where the death happened ; and the
coroner may, at any time before the termination of
the inquest, direct a, j^ost mortem examination, with
or without an analysis of the contents of the
iC. S.N. B. 1877, c. 63,8. 6.
- Legally qualitted pnictitiotiers are persons duly licensed. If there
be any doubt whether a medical man is licensed or not, he should be
asked at a convenient time to produce his license. Some coroners adopt
the plan of examining the medical witness upon oath as to his beinj;
licensed.
^ See Form, No. 33, and R. S. O. c. 80, s. 7 ; C. S. N. B. c. (53. a. 1.
■» See Form, No. 33, and 11. S. O. c. 80, s. 8.
■IfiO hUTIKS OF conoxKiis.
atoniHch or intestines, by the medical witness sum-
moned to attend at such inquest.
And Prof. Tidy states that if the medical
attendant of the deceased is in any way inculpated,
or his treatment called in question, or if any accu-
sation regarding the death or treatment of the
deceased has been made by a medical man, he
should not perform the poi^t morfem, and that it is
not advisable that he should even be present at it,
but he should be represented by a medical friend if
he so desires.^
In a case of death occurring in a pugilistic en-
counter, it was held to be the duty of tlie coroner
to examine a surgeon as to the cause of death. ■^
It is usual, and coroners are most strongly
reconnnended to have the analysis made by an
experienced chemist.'^
If in Ontario and New E"unswick any person
.states upon oath before the coroner that in his
belief the death was caused partly or entirely by
the improper or negligent treatment of a medical
practitioner or other person, such medical practi-
tioner or other person must not assist at the ^)os^
mortem examination.'*
Whenever it appears to the majority of the
jurymen sitting at any coroner's inquest in Ontario
and New Brunswick that the cause of death has not
been satisfactorily explained by the evidence of the
medical practitioner, or other witnesses examined
i^' 1 Tidy, Vol. I., p. 4.
'■^ K.\. Quinvli,iC.Al\ oil. ,
. * See remarks as to analysis, jmst.
* R. S. O. c. 80, 8. 8 ; C. S. N. B. c. f.;?, s. 1.
DUTIES OF COl{l>.Y/-:n.S. SSI
ill the first instance, such majority may name to
the coroner in writin^^ any other Ic^'ally (lualitied
medical practitioner or practitioners, and ie(jnire
the coroner to issue his order' for th(> attendance
of such medical practitioner or practitioners as a
witness or witnesses, and for the performance of a
/jost mortem examination as above mentioned, and
whether before performed or not.
A second medical practitioner cannot properly
be called by the coroner alone. The majority of
the jury nnist ask for him, and name him to the
coroner in writing. If the request is not in writinj^
his fees need not be paid by the ('ounty Trensurer.^
When in Ontario any such order for the atten-
dance of a medical practitioner is personally served,
or if not so served, but is received by him, or left at
his residence in suflicient time for him to obey such
order, and he does not obey the same, he forfeits
the sum of forty dollars upon complaint by the
coroner who held the inquest, or by any two of the
jurymen thereof, made before any two justices of the
peace of the county where the incjuest was held, or
of the county where such medical practitioner
resides. And if such medical practitioner does not
shew a sufficient reason for not having obeyed
such order, the justices must enforce the penalty
by distress and sale of the offender's goods, in the
same manner as they are empowered to do under
their summary jurisdiction.^
1 See Form, No. 33.
- In re Harhottle and A'ilson, 30 U. C. Q. B. 314. A.nd see form No. 42.
■'R. S. O. c. 80, s. 11. Tlie coroner alone is the proper person to say
first of all whether medical testimony is called for or not ; but when he
tloes order such evidence to be procured, the jury have tlien the riylit
wm
252 DUTIES OF COROAK/iS.
The medical witness should be given an c."ler
on the County Treasurer for his fees, and if the
fees are not paid, or the coroner refuses an order
for thern, the remedy js by mandamus, and when
it is applied for on the ground of refusal by the
coroner to give the oi der, the county treasurer as
well as the coroner should be called upon.^
The practitioner chosen to make a j^o.st mortem
examination should be the be.jt qualified the neigh-
bourhoud affords ; and when he is giving his evi-
dence the coroner should get as nnich information
from him as possible, for he will generally prove
the most important witness at the inquest.'^ The
medical witness had better be examined after the
principal unprofessional witnesses, in order that he
may have then* testimony to aid his conclusions,
and to iivoid having to recall him for the purpose
of asking additional questions suggested by the
other evidence."^
Medical men in giving their evidence have no
special privilege with respect to secrets of a profes-
sional nature.
The medical testimony should be as free from
technical terms as possible, and be tu,ken down in
full.
above .nentioned.to have more medical evidence if they think it requih.'cS.
When considering if they shall summon a medical man, coroners should
not be influoiiced by the jurymen desiring to find out the precise ccuse of
death in cases where there can be no doubt of the deceased havinj^ died
from natural causes. Juries very commonly tliiuk tiiey ouf^lit to dis-
cover, in all cases, what occasioned the death ; but this is a mistake, for
if no one is to blame in the matter, no practical benefit can arise t ^m
finding the deceased died from any particular disease. The expenso of
medical testimony, therefore, in th':>se cases should be avoided, and for
this purpose the desire of tl.^ jury resisted.
Hn re Harbottle and WiUuit, 30 U. C. Q. B. 314.
« U. C. Law Journal, Vol. I. p. 85.
=1 U. C. Law Journal, Vol. I. p. 84.
:iL.l
DUTIES OF COItUNKItS. 253
Neither the coroner nor jury should attempt to
curtail the post mortem examination, or the testi-
mony of the medical witness, but he should be
allowed to make a thorough examination, and to
give as full evidence as he may think proper.
Indeed, the coroner ought to insist upon his exam-
ining the separate viscera, as a little additional
trouble taken at the inquest ma}^ save a vast
amount of annoyance afterwards.^
Completeness of work and method are con-
sidered by Prof. Tidy absolutely essential, if the
medical witness desires to further the ends of jus-
tice and avoid personal censure. He should not
allow the out of the way place where the inquest
is held, or the homeliness of tlie jury, or surround-
ings, to throw him off his guard so as to be led into
any want of care or completeness of his work.
Nor should he be hurried no nnitter at v/.^-Mt incon-
venience to himself or others.
Prof. Tidy advises that in a case of grave sus-
picion, and where important issues are at stake, a
post mortem should be performed by at least two
independent experts.^
A medical man is never justified in refusing to
perform a post mortem on the mere ground of the
advanced scage of decomposition of a corpse, or
the length 'of time that has elapsed since deatii.
Sex, age, pregnancy and even the mode of death,
may be madv^ out, if nothing more, or the discovory
of false or peculiar teeth, maltormacions, old injuries
or trinkets n^ay be of great value as means of iden-
^D. C. Law Journal, v'ol. I. p. 8P.
•' Tidy, Vol. I. r. 4.
264 DC TIES OF COIiOXKRS.
tificatioii, etc. A careless, or superficial or hurried
examination, in such cases, has been pronounced
a palpable dereliction of dnty.^
Where recognition is important, but is rendered
impossible from the bloated condition of the body
when recovered, the features may sometimes be
restored to a remarkable extent by immersing the
body in a saturated solution of alum and nitre in
alcohol.^
The following preparation of Dr. Richardson
is given by Prof. Tidy as a good disinfectant where
a post mortem has to be performed on an offensive
corpse : —
Iodine 1 drr.i.
Mithylated ether (sp. gr. 0.720) 10 ozs.
Absolute alcoliol 1 oz.
Sulphuric acid -i drms.
Dissolve the iodine in the mixed ether and alcohol^
and slowlij drop the sulphuric acid into the mix-
ture . Pour the liquid over the body and it will be
rapidly absorbed and the body effectually deo-
derized.^
in cases of suspected poisoning the use of all
disinfect ants at ihepost mortem should be avoided,
but if one is used its composition should be exactly
known.
Upon all articles examined and likely to be of
service in evidence, a private mark should be
placed ; and, if possible, the places where stains
were found, should be similarly marked.^
' Tidy, Vol. I. pp. !)'2, 93.
*Tidy,Vol. I. p 93.
=*Tidy, Vol. I. p. 93.
*Tidy, Vol. 1. p. 184.
4
d
DCTIES OF COlloXKU.'i. 255
Where the observation of colours may become
necessary, a post mortem should not be conducted
by artificial li^ht, if avoidable. The yellow colour
produced by some poisons might escape notice by
such light.'
Where death may have occurred from sullbca-
tion, look for foreign bodies in the air passages,
and for scratches the result of foreign bodies. Also
for any indications of disease to which suffocation
may be traced."
Prof. Tidy states at p. 31, Vol. I. " To connnit
suicide by holding one's breath is a practical
impossibility," but at p. 285, Vol. III. he states :
"it is scarcely possible for an adult to kill himself
by simply holding his breath."
The remarks already made under s. 7, and in
chapter 4 apply as nnich to medical men called
to see a body as to coroners and juries when view-
ing one ; but in this place a few additional hints
may be given for the guidance of medical witnesses
in particular. Observe the dress, and compare it
with the marks of \iolence on the bodv. The
nature of dried spots of mud on the corpse or its
clothing. The marks of blood on the person of
the deceased, w4iat shape they assume ; if that of
a hand or some lingers ; of what hand, and whether
the front or back ; and could the deceased have
made the marks himself. What appearances around
the corpse deserve notice, and how have they
been changed since the death. Do marks of blood
found near the body indicate anything from their
' Tidy, Vol I. p. 255.
-Tidy, Vol. III. p. 286.
256 DUTIES OF COROXKRS,
form, direction or colour. Tliese and numerous
other points will suggest themselves by a little
consideration, and some, if not all, may lead to
material results.
Neither the accused, nor the accuser, nor any
actually suspected person, should be presc ut dur-
ing the 2^ost moricm for fear of any tampering
with the viscera, ttc. Nor should any one else
be present except the medical witnesses, coroner,
constable and such other medical man as the
accused, or accuser, or suspected person, may
desire to have present.^
The coroner or a medical witness, if more than
one be present, should take down all the facts
communicated by the dissector, from the com-
mencement of the examination to its close, to
prevent circumstances of importance escaping the
memory.
Before dissection is begun, an external exami-
nation of the body should be made. Dr. Beck
says : " J/' there he any external lesion present, it
should lirst be examined and its nature described :
its length, breadth and depth ; also whether it has
been inflicted with a cutting, pointed or round
instrument ; whether it is accompanied with
inllamnkition or gangrene ; and whether any foreign
bodies are found in it, such as balls or pieces of
cloth. The scalpel sho 'Id then be employed to
trace its extent, but witn judgment, so as not to
' In the celebrated case of Dr. Palmer, who was afterwards con-
victed of the murder of John Parsons Cook, the accused was allowed to
I be present at the post-morU'm,&\u{ even to handle the jar containing the
[^Ijf viscera, %vhich was found with the bladders closing it cut through. See
~ report of the case by Browne & Stewart at p. 10-7.
DUTIES OF CORihYEB^l. 257
render our researches useless, and prevent a com-
parison of the external wound with the internal
injury. The nerves and blood-vessels, and parti-
cularly the arteries that are wounded, should be
named, as should also the viscera, if any are in
that state. If there be a contusion without a solu-
tion of continuity, the injury found in the internal
parts should be particularly noticed, such as extra-
vasation, rupture of vessels, &c. If the cause of
death is a hum, its degree and extent should be
examined, together with the state of the parts
affected, whether inliamed merely or covered with
blisters, the fluid contained in these blisters, and
the condition of the neighbouring parts, whether
sphacelated or gangrenous. If a luxation or frac-
ture he present, notice the surrounding soft parts ;
the nature of the injury, whether simple or com-
plicated, and the phenomena indicating the pro-
gress of disease or recovery.^
After stating these circumstances, the dissec-
tion may be proceeded with, in a systematic manner,
taking care not " to make wounds while examining
for them.'' The examination of the abdomen had
better be left to the last, as putrefaction is there
first developed, and the offensive odour by this
means may be partly avoided. If chloride of lime
or other disinfectant is used during the examina-
tion, it must not be sprinkled on the body, but
merely around it or about the room. The dissector
should not desist because he supposes the cause of
1 2 Beck, pp. 6, 7.
B.C.— 17
I
iih
1 1
258
DUTIES OF conoyEiis.
death is perfectly discovered in one or the other
cavity ; all of them should be inspected.^
It is reconnnended to commence the dissection
at the head.^ liemove the hair, and then lay bare
the bones of the cranium, by making an incision
from one ear to the other over the top of the
head, and then another transverse to it, from the
top of the nose to the occiput. Take care not to
mistake irregular sutures for fractures : for this
purpose, they should be rubbed over with ink.
Notice the strength of the bones of the head,
whether the}^ are unusually thin or soft.^ Now
remove the skull cap, taking care not to wound the
dura mater, and inspect the membranes and sub-
stance of the brain. The base of the brain requires
especial notice. View the vertebral column
through its whole extent. In examining the
neck, make an incision from the chin to the ster-
num ; then from the upper point cut along the
margin of the lower jaw to its angle, and from the
lower point towards the clavicle. The great
blood-vessels, the larynx, trachea, pharynx and
(Esophagus and their contents must be noticed.
To inspect the thorax satisfactorily, an incision
should be made through the integuments, from the
top of the sternum to the pit of the stomach.
1 2 Beck, p. 7.
-Prof. Tidy considers that it is scarcely possible to judj^e correctly
the condition of the rij^ht side of the heart wlien the head has been pre-
viously opened, and he recommends that in cases of asp'iyxia. tlie
examination of the heart should be made tirst, and in new born children
he aays it is advisable to open the abdomen before the thorax, in order
to better determine accurately the position of the diaphraj^m, a matter of
importance in decidinj^ whether the child has, or has not, breathed.
Tidy, Vol. 1, pp. 252, 201, 2(52.
^2Beck, p. 8.
DUTIES OF CORONERS. 259
Tlieii dissect the tlaps down to the ribs, and back-
wards about an inch and a half beyond the junc-
tion of the cartilai^es witli the osseous substance
of the ribs. Cut through these cartihiges close to
their joining, beginning with the second rib and
ending with the seventh. Pull forward the lower
part of the sternum a little, introduce a scalpel
behind it and detach the diaphragm and mediasti-
lunn, then saw through it innnediately below the
conuection of the first rib.^
The viscera, the lungs, the pericardium and its
contents, the heart and its great vessels, the
thoracic duct, should be carefully examined.
Remove the blood with a sponge, so as to ascer-
tain the exact degree of colour that is present in
the various parts, and notice the consistence or
fluidity of the blood.^
The abdominal cavity will now remain. It is
examined by making a crucial incision, and, if
necessary, by removing the pubal bone. Each part
nmst be carefully examined : the intestines with a
blunt-pointed bistoury, to avoid injuring them.'^
If there is any suspicion of poisoning. Dr. Beck
says the whole of the alimentary canal, from the
(esophagus to the rectum, should be carefully
removed for further inspection ; and he recom-
mends Dr. Gordon's directions to be followed for
this purpose. Apply a double ligature at the very
connnencement of the jejunum, and divide the
intestine between the two threads ; a similar liga-
' 2 Beck, p. 10.
•^2 Beck, p, 10.
3 2 Beck, p. 11.
■11
2 GO DUTIES OF CORONEPf.
tnre is then to l»e n}))>lie(l to the ileum, close to its
termination in the colon, and the tnhe divided in
the same manner. The root of the mesentery
being now cnt through, the whole jejunum, and
ileum are removed together. A double ligature is
next to be applied to the rectum, as low down as
possible, and being divided between the cords, it is
to be removed with the whole of the colon. The
CESophagus, stomach and duodenum are then to be
extracted together, taking care previously to tie ca
ligature round the top of the oesophagus.^
The examination being completed, the notes
should be taken and reduced to order. Arrange
the facts methodically and as far as possible chron-
ologically. Give measurements in the terms of the
English standards, and when speaking of size, give
well known objects as comparisons, which the jury
can easily comprehend. Sometimes a drawing,
even if rudely executed, so long as it is correct, is
of much service in evidence.^
If possible, have some one present to take down
the notes. They should merely state the facts as
found without opinions. They should be carefully
read over and corrected if necessar}' before sewing
up the body. A report should then be drawn up
which should be as plain as jDossible, so that the
court and jury may understand it.
Should there be any question about the identity
of the dead person, the age, sex, trade (as shown
by the hands, stains on lingers, etc.,) complexion,
type of face, race (as shown by the colour of the
1 2 Beck, 11.
- Tidy, Vol. I. p. 19.
DUTIES OF COROXERS. 261
skin, etc.,) colour of hair, nails, teeth, statnre and
f,'irth, scars and injuries and marks left by disease,
deformities, pregnancy, clothes, rings, etc., smears
of tar, paint, etc., on the person or clothes, should
all be recorded.^
And the medical witness, in drawing up his
report or in giving his testimony, should remember
that whatever he states before the coroner's court
will be seen by the prisoner's counsel, should a
trial follow, who will cross-examine and sift him to
the utmost of his ability.
Give clearly and succinctly the reasons for your
opinions, but avoid theorizing. -
A few practical remarks may now appropriately
close this section.
The examination should be complete enough to
enable the operator to say what was the condition
of each part and viscus, and what was not the cause
of death as well as what was.'^
Take particular notice during the dissection,
of any peculiar odour on opening the body, brain
or stomach ; and if poisoning is suspected, mention
the nature of the odour to the chemist who makes
the analysis.
Wounds should net be probed but if necessary
carefully dissected, to see what parts are impli-
cated.'*
Where the body is frozen, it should be thawed
by being placed in a warm room for some hours
' Tidy, Vol. I. pp. 126-128.
- For a copy of a Medico-legal Report taken fro n Prof. Tidy'^ work,
see Form, No. tJ3.
» Tidy, Vol. I. p. 255.
■» Tidy, Vol. I. p. 259.
262 DUTIES OF COROXERS.
before the poHt mortein. It should not be mimersed
ill warm water. ^
All vessels used in the examination should be
thoroii^dily cleansed, and the whole examination
should be conducted with a scrupulous regard to
cleanliness. The necessity for this was once
strongly illustrated The stomach was negligently
laid on some fine white sand, which gave rise to an
idea of poisoning by means of powdered glass.
^Yhen an analysis is to follow,- if it is thought
advisable during the pod mortem to examine the
inner coats of the stonuich, the contents of the
stomach should be poured into a clean vessel,
and after the examination (during wliich no
Water should be used for washing the stomach, or
if used should be added to its contents) the stomach
itself should be placed in the same vessel, and for-
warded to the chemist. The stomach should be
tied above and below ; and a portion of the intes-
tines, tied in the same way, should be sent. Also,
a portion of the liver and a kidney. And if severe
vomiting has attended the death, some of the
vomited matter must be sent. Any suspected
food — coffee, soup, &c. — should also be sent ; and
in cases of poisoning by arsenic, some of the
urine.
Should the death have occurred within a few
seconds or minutes of the admmistration of the
suspected poison, the stomach, tied, should be put
into a bottle with a tight cork or glass stopper,
' Tidy, Vol. I. p. 255.
- As to an analysis in Qrsbec, see chap. XIV. sec. 5.
hf'TIHS or ni/;(t.yj:/!S.
2(i.S
sealed all over, and sent off at onee for immediate
analysis.
]iut the vapour of pnissic acid will traverse
paper, wet or dry bladder, etc., in a few minutes,
and few stoppers are close enough to retain it.
Care should be taken to shut up the suspected
matter at once in glass bottles (iccurafchj stoppered,
bad stoppers are worse than corks. ^
The greatest care should be taken to preserve
the identity of the vomited or other matter taken
from the body, or the most correct analysis after-
wards made will be inadmissible as evidence.
For packing the viscera to be sent for analysis,
glass vessels sliould be used, or stoneware ; not
common earthenware, as lead is used in its manu-
facture, and might interfere with the tests.
No extraneous substance should be introduced
into or placed over the mouth of the vessel.
Chloride of lime is sometimes introduced in this
way to remove the smell ; but such a proceeding
is highly objectionable, and may vitiate the whole
analysis.
Except in the cases above mentioned and in
which greater security is called for, the vessel may
be covered with bladder (tied) or cork, and sealed
in several places with a seal having a peculiar
crest or device. A wafer-stamp, coin, thimble, or
other common article, of which a duplicate might
be found, should not be used for this purpose.
The sealing up should be done by the coroner or
examiner in presence of witnesses, and impressions
' Browne & Stewart, p. (il.
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WEBSTER, NY. 14580
(716) 872-4503
264 DUTIES OF CORONERS.
of the seal used should be transmitted to the per-
i son who is to make the chemical analysis, together
with an account of the symptoms attending the
death.
Each vessel should be labelled stating the date
l^lfj of the death and of the autopsy, and the names of
the decearied person ; and the labels signed by the
medical man who conducted the j^ost mortem.
If the vessel or vessels containing the viscera
are packed in a box, they should ue surrounded
with plenty of hay or other soft substance, and the
lid of the box scre'oed^ not hammered down, other-
wise the bottles are apt to be broken, and much if
not all of the liquid lost, thus rendering the analy-
sis useless, or at least unsatisfactory to the jury,
on account of the small quantity of poison found.
The packages should never be out of the person's
: charge to whose care they are committed, until
; handed over to the chemist in person, who should
be required to give a receipt for them.
Evidence of their identity and preservation
intact, should be preserved through the whole chain
of persons who have ever had charge of them.
The time required to complete an analysis
varies according to the occupation of the chemist.
If he has nothing else to do, perhaps two or three
days ; but it is safer to allow him a clear week or
* ten days. As no provision is made by law for
defraying the expense of an analysis by a professor
it of chemistry, the coroner should obtain the author-
V ity of the Attorney-General for incurring it.
i
DUTIES OF CORONERS. 21)5
The nnfortnnate position which the celehruted
Dr. Taylor, and Dr. Odhng also, got into on
the trial of Dr. Sniethurst for murder, should be a
warning to all analysts, no matter how skilled or
experienced they may be, to use their utmost care
against being led into mistakes. • Both Dr. Taylor
''nd Dr. Odling stated at the inquest before the
'oner that a certain mixture contained arsenic,
but Oil the trial had to confess they were mis-
taken.^
It is hoped that a few practical remarks upon
giving medical testimony will not be considered
out of place. They are mainly taken from the
works of Prof. Taylor and Prof. Reese.
Of course a thorough medico-legal training is
the best assurance the medical witness can have
that he will cut a respectable figure in the witness
box, but in addition to his general knowledge there
should be a thorough preparation upon all the
points bearing upon the case in hand. Weights,
measures, distances, size, relationship of objects,
colours, etc., should be stated with precision, and,
if not known, should not be guessed at, but
candidly stated to be unknown. The replies of
the medical witness to counsel should be clear and
precise, and given in the same manner to the
counsel on either side, with the demeanour of an
educated gentleman, and suited to the serious
occasion on which he appears. He should not
attempt to argue or recriminate, or exhibit any
temper or over-sensitiveness, no matter how pro-
' Browue & Stewart, p. 463.
266
DUTIES OF CORONERS.
yoked by counsel. And all display of nrrogance
or assumption of manner, stubbornness, or testiness
of behaviour, should be avoided. Plis answers
should be in a clear and audible tone, and given in
the simplest language, avoiding all technical terms,
bearing in mind he is in court to inform the jury
and not to display his own learning, pomposity or
pedantry. Voluntary ronarks should rarely, if
ever, be made. He should never be afraid to con-
fess his ignorance if he cannot answer the tpiestion
put to him. No attempt to hide a want of know-
ledge should be made by guessing. What has been
termed the " war of experts" should be avoided as
nnich as possible. The medical witness when
called simply as an exj^ert, if he has no exf erience,
or has formed no opinion of his own regarding the
subject he is questioned upon, should at once say
so, and not attempt to pass of^ as his own, the
experience or opinions of son other medical wit-
ness who has preceded him on the trial. All
rivalry between individual medical experts when
giving testimony should be laid aside, and also all
medical school esprit de corps}
' Apparently an instance of this occurred at a recent inquest at
which a number of leading,' medical men gave expert testimony on the
same point, and it was found about one- half of them contradicted the
rest, and that those on one side all belonged to the same medical school,
and those on the other side all belonged to a rival medical school.
However willing we may be to consider they all stated what they
believed to be true, it is almost impossible to believe each one gave an
independent opinion of his own. Probably one or two of the tirst wit-
nesses called from each schoc" {overned the opinions of all the rest of
that school, and instead of t!. court obtaining testimony on the one
point with all the weight of a number of expert witnesses, its real
weight was merely that of one or two experts. " Such professional
tilting," to adopt the language of Prof. Reese, " is sometimes sneeringly
designated as the ' war of experts,' and is certainly deeply to be regret-
ted, as it tends greatly to prejudice both the court and the public
nCTIES OF CORONERS. 207
Prof. Tidy says any evirlence ofTered by the
expert should be as honestly and truly his scientific
belief influenced by reasons as definite and as
accurate, as if he was arguing the points in dispute
before a scientific tribunal, competent to weigh his
arguments, and pronounce on his opinions with
accuracy and precision.
In Quebec, no coroner can direct a ^.^os^
mortem examination of any body upon which an
inquest is being held, except upon a requisition of
a majority of the jury, unless the coroner makes a
declaration in writing (to be returned and filed with
the inquisition) that in his opinion the holding of
the post mortem is necessary in order to ascertain
whether or not the death occurred from violence or
unfair means. ^
In cases in Quebec where the services of a
physician are required at an inquest, they are to be
rendered by a physician of the locality where the
inquest is held, or of the nearest locality. -
In New BrunswicJi, if a medical practitioner
without sufficient cause, refuses to attend on any
summons he forfeits ^20, which can be recovered
before a justice on complaint of the coroner or any
two of the jurors, if made within two months from
the holding of the inquest. And the fine is to be
paid to the county treasurer.^
against expert testimony in general ; and this, of course, to the detri-
ment of justice ! "
The controversy upon the question of whether chloroform or ether
is the safer anaesthetic, is somewhat of another instance of the " war of
experts " and in this case is said to extend lo international proportions,
since chloroform seems to he generally supported by English experts and
ether by the American experts.
1 R. 3. Q. 1888, Art. '2()8!).
" R. S. Q. 1888, Art. 2G92. -.^ < -- —
3 C. S. N. B. 1877, c. fiS, s. '>.
268 DUTIES OF CORONERS.
In British Columbia, the law is the same as m
Ontario as regards suiiniioning m, medical practi-
tioner, directing a jJost mortem, summoning a
second medical practitioner, and as regards the
disqualification of a medical man who is sus-
pected of improper or negligent treatment of the
deceased.^ The written request of the jury for a
second medical witness must be attached by the
coroner to his certificate for the payment of such
niedical witness, and the municipality in which the
body is found must pay the fees as well as all other
costs, fees, and expenses of and incidental to the
holding of the inquest.^
And in British Columbia, if a medical witness
disobeys the coroner's order for his attendance at
the inquest, he can be fined under the same cir-
cumstances as in Ontario, but the fine is not less
than $20 and not more than $100, to be recovered
by complaint of the coroner, or of any two jury-
men, made before any two justices of the peace,
who must hear and adjudicate upon the same, und
proceed as upon like cases in Ontario. See p. 251.^
Sec. 10.— the DEPOSITIONS.
The depositions or evidence must be taken on
oath or affirmation in cases where affirmations are
allowed, and in the presence of the party accused,
if any such party there be and he can be appre-
1 See p. 250 ; R. S. B. C. 1888, c. 24,88. 7,8,9; and see forms, No. 33, 42.
- R. S. B. C. 18 ,8. C.24, sa. 10-15.
R. S. B. G. 1888, c. 24, s. 12.
DUTIES OF CO RONE lis.
269
hended, and must be certified and subscribed by
the coroner, and in Ontario caused to be delivered
without delay/ together with the written inform-
ation, if any, the recognizances, the statement of
the accused, if an}-, and the inquisition, to the
crown attorney for the county.- Except when
any person is charged with manslaughter or mur-
der in any part of Canada, and the person or
persons, or either of them affected by such verdict
or finding, be not already charged with the offence
before a magistrate or justice, then the coroner
must by warrant under his hand direct that such
person be taken into custody and be conveyed with
all convenient speed before a magistrate or jus-
tice ; or the coroner may direct such person to
enter into a recognizance before him with or with-
out a surety or sureties, to appear before a magis-
trate or justice ; and in either case it shall be the
duty of the coroner to transmit to such magistrate
or justice, the depositions taken before him in the
matter.'^
Of course in these cases of manslaughter and
murder, it will be impossible for the coroner to
transmit the depositions to both the crown attor-
ney (as required by the Ontario statute) and also
to a magistrate (as required by the Dominion Act),
but as criminal matters come more specially under
the jurisdiction of the Dominion Parliament and
the depositions, etc., will ultimately be sent by the
magistrate in Ontario to the crown attorney, it
1 R. S. O. c. 79, 8. 10, say "forthwith."
=* R. S. O. c. 79, s. 10.
3 55-56 V. c. 29, s. CoS, Dom. .. _::
270 DUTIES OF COROXKRf!.
seems proper for coroners in these cases to follow
the Dominion statute, and send the depositions,
etc., to a magistrate. The reason for the
Dominion enactment appears to arise from a
further provision of the Criminal Code, 189'2, where-
by the old law under which a coroner's inquisition
was considered equal to an indictment upon which
the accused party could be tried, is changed. No
one can now be tried upon a coroner's inquisition.^
With regard to the power a coroner has in
these cases of manslaughter and murder, to direct
the accused to enter into a recognizance to appear
before the magistrate, it is not intended that such
an option should be exercised in any very serious
case. It should be used with great caution, and
only where the inducement for the accused to
escape, is small. Still greater caution should be
exercised in taking a recognizance without sureties.
If a coroner who has taken an inquest happens
to die, having the record in his custody, it seems
that a certiorari may be directed to his executors
or administrators to certify it.^
The better opinion now seems to be that the
depositions taken before a coroner when the
prisoner is not present, cannot be used as evidence
against him.'^
The depositions, if properly t<)ken, will be suffi-
j cient evidence in case the witnesses are dead, unable
I to travel, beyond sea, or kept out of the way by the
' 55-56 v. c. 2!), C42, Dom.
i ■- 2 Keb. 750 ; Dyer, 1(;3 ; 2 Rol. Abr. 629; 2 Inst. 12i ; Hawk. b. 2,
[ c. 27, 8. 39 ; Bro. Abr. Certiorari ; 9 Bac. Abr. Certiorari.
\ 3 n. V. lUgn, 4 F. & F. 1085 ; R. v. Wall, 2 Russ. C. & M. 893 n. (e)
1 Wells Cr. Pr. 210 ; 2 Phill. 109 ; Bull, N. P. 248.
D UT1E» OF VOltONERS. 271
contrivance of the party to whom their testimony
is adverse.^ But they cannot be received, though
the witnesses are dead, unless it is proved that they
were signed by the coroner.- And before they can
be received, evidence must be given that they are
the identical pipers taken before the coroner with-
out alteration.''
In New Bninswiclx, it is the duty of all coroners
and justices of the peace, to take down in writing
the evidence at any inquest held b;, them, and the
same, with the inquisition, nnist in all cases, except
where a verdict of murder or nnmslaughter shall
be rendered against any person, be immediately
thereafter transmitted by such justice or coroner to
the clerk of the peace for the county in which the
inquest is taken, and the clerk of the peace is to
file the same in his office. No fees for the inquest
will be paid until after the coroner shall have iiled
the depositions except in the cases excepted.*
In cases of murd3r or manslaughter, when the
pert>on charged has not already been charged with
the offence before a magistrate, the coroner nmst
send him before a magistrate as previously stated. *"
In Prince Edward Island, by a statute passed
in 1836, coroners upon any inquisition taken before
1 1 Kel. 55 ; 1 Lev. 180 ; Phil. Ev. 166 ; R. v. Gntteridge, 9 C. & P.
471 ; li. V. Scaije, 1 M. & E. 551.
- U. V. England, 2 Leach, 770, 771.
^ Kel. 55 ; Fost. 337 ; Hawk. b. 2, c. 46, s. 15 ; Phill. Ev. 162-5. But
this paragraph must be considered by the le^al profession in connection
with Part 51, of 55-56 V. c. 29, Dom. What the precise effect of this part
of the Criminal Code, 1892, may be upon the depositions taken before
coroners seems doubtful. See also in this connection, s. 3, s-s. ( j & I),
568, 612.
* 49 V. c. 27, SB. 1, 2, N. B.
5 55-56 V. 0. 29, s. 568, Dom. " '
272 DUTIES OF CORONERS.
them whereby any person is accused of murder or
manslanghter, or as an accessory to nnn-der before
the fact, are to put in writing the evidence given to
the jury before them, or as much as shall be
material, and they must certify and subscribe the
evidence and all recognizances of the witnesses to
appear at the trial, and also the inquisition.
In cases of murder or manslaughter when the
person charged has not already been charged with
the offence before a magistrate, the coroner must
send him before a magistrate as previously stated.^
In Newfoundla7id, the proceedings on the en-
quiry and all depositions connected therewith must
be transmitted to the Attorney or Solicitor-Geneial
for such further action as may be required.
Sec 11.— obstructions— how PUNISHED.
It is a misdemeanour to interrupt or obstruct
the coroner or his jury in the view or inquiry.^
And the coroner has also authority forcibly to
remove any person offering obstruction to the due
administration of his duties, without being liable to
an action;^ or he may commit any person for a
contempt, the effects of which tend to obstruct and
impede him in the performance of his office.* It is
better, however, for coroners not to make use of
this power, but to have the offending party pun-
ished for the misdemeanour.
1 55-50 v. c. 29, 8. 568, Dom.
^Umf. 123.
3 6 B. & C. 611 ; 1 Ld. Raym. 454 ; 1 Mod. 184 ; 2 Mod. 218.
^.Jer. 0. C. 208.
DUTIES OF CORONERS.
273
Sec. 12.— the INQUISITION.
The iii([iiisition or written statement of the
verdict or finding' of the jury, when it contains the
suhject matter of accusation, is not now equivalent
to the finding of a grjind jury, and the parties
charged cannot he tried upon it.' Formerly the
inquisition was required to he on parchment, but
this is not now necessary.^
The iiKpiisition should be pleaded with the
same strictness and legal precision as indictments.*
It does not appear when this formal inquisition
should be drawn up, but it had better in all casea
be completed before the jury are dispersed.^
An inquisition on the body of a criminal who
has been executed under a legal sent ^nce must be
in duplicate, and one of the originals is to be given
to the sheriff."'
The inquisition consists of three general parts :
the caption or incipitur," being all that part whicli
begins the inquisition, and immediately precedes
what is called the verdict or finding of the jury;
the verdict or finding of the jury^ being that part
which immediately follows the caption and precedes
the attestation ; and the attestation or conclusion.*
The contents of each of these parts may be
particularly noticed, a familiar knowledge of them
' 55-5'J V. c. 29, 8. 642, Dom.
2 Retj. V. GohUng, 39 Q. B. 259; 55-56 V. c. 29, b. 608, Dom.
« Jer. O. C. 271.
* Impey 0. C. 879.
' 55-56 V. c. 29, s. 944, Dom.
"See Form No. 74.
" See Forms, Nos. 76 to 113.
* See Form, No. 75. —
B.C.— 18
274 I) ('TIES OF COROSKHS.
being requisite in drawing up inquisitions, although
many defects of a technical character, in im^uisi-
tions which formerly would have rendered them
bad, may now be amended either by the superior
courts or a judge thereof, or by a judge of assi/e or
gaol delivery.^
They are —
1. The venue.
2. The place where holden.
3. The time when holden.
4. Before whom holden.
5. The view.
6. The description of the deceased.
7. Where the body lies.
8. The jurors, and their finding upon oath.
9. The charge to inquire.
10. The verdict.
11. The party charged.
12. The addition.
13. The allegation of time and place.
14. The description of the act.
15. The attestation
1. The Venue, or name of the county where the
body lies d ad and the inquisition is holden, should
be inserted ui the margin of the caption, thus :
*' County of Simcoe, ) a • ■ .• ,, .
•' ' \ An inquisition, etc.
TO WIT : j
The name of the county or city must be either
in the margin or in the body of the caption, but
^ R. S. O. 1877, c. 79, a. 12. This section is not consolidated in the
revision of the Ontario statutes of 1887, nor is it repealed.
hf'T/ES OF COR'KXKns.
275
thB usual and better practice is to insert it in
boUi.^
'2. The pldce when; holdcii — The pliice at which
the inquisition is liolden nuist appear on the face
of the in(pnsition.'- If no phice is stated,*"^ or if the
place stated is not shewn witli suiticient certainty
to be within the jurisdiction of tlie coroner' it is
insufficient. '^
3. The time ivhen holden. — The inquisition
must specify the day upon which it was holden, in
order to show tliat the inquiry was recent, and was
not held upon a Sunday, in which case it would be
void.*^ Tiie day only need be stated without the
hour. If the day stated be an impossible one, as
the 30th of February for instance, the inquisition
is bad.^
If there are adjournments it is better to set
them all out in the caption, although it is sufficient
to describe the inquisition as bemg held on the first
day of the sitting, since in law the inquisition is
considered as holden on one day when actually
held on different days.^
The time should be stated in the present tense. ^
The year of the Queen's reign, without adding
the year of our Lord, is sufficient ; or the year of
1 2 Hale, P. C. 16(5.
-2 H. P. C. 160 ; 2 Ld. Raymond, 1305 ; 9 Rep. 6G (6) ; b. 729 of 55-
50 V. c. 29, Dom., does not appear to apply to inquests.
3 Dyer, ()9.
<Cro.Jac. 270,277.
»2 Hawk. P. C. c. 25; and see Reg. v. Winegarner, 17 0. R. 208.
«2Saund. 291.
'' 1 T. R. 316.
" Jervis, O. C. 246 ; Reg. <f. Winegarner, 17 0. R. 208.
» 2 Hawk. F. C. c. 25, s. 127.
276
DUTIES OF COROXFAIS.
our Lord, without adding the year of the Queen's-
reign, will suffice. Numbers should not be ex-
pressed by figures, buf by words at length,^ or at
least in lioman numerals.^
4. Before wliom holden. — The name and office
of the coroner must be stated, in order that it may
appear that the inquisition was taken before a
court of competent jurisdiction. Also the place
for which he is coroner.''
The names in full (not by initials) of all the
jurymen should also be stated and that they were
sw^orn and are good and lawful men of the county
or city.
5. The view, — The inquisition must state that
the inquiry was taken on vieiv of the body, or it
wdll be bad.*
6. The description of the deceased. — Both
Christian and surname of the deceased, either his
real name or that by which he was usually known
should be stated accurately, if known. ^
If the name be unknown, he may be described
as a person to the jurors unknown ; but such a
description would it seems be bad if he were
known. ^
No addition or occupation of the deceased is
necessary,^ nor need the deceased be distinguished
1 2 Hawk. p. C. 170.
» 1 Str. 26.
3 22 Ed. IV. 13, 16 ; Sum. 207 ; S. P. C. 90 ; 2 Ld. Raymond, 1305.
<Jer. O. C. 277.
« 2 Hawk. P. C. c. 25, ss. 71, 72.
8.S Camp. 264. ; Holt. C. N. P. 595 ; 2 H. P. C. 281.
^2H. P. C. 182.
H!
DUTIES OF CORONERS.
277
from another person of the same name by the
addition of " the younger."^ A name of dignity,
however, as baronet or knight, which is actually a
part of the name and not merely an addition,
should be stated. But an imperfect addition
where none is necessary, would not render the
inquisition defective.^
The courts in Ontario it seems may have cer-
tain powers of amending inquisitions as to which
see li, S. O. 1877, c. 79, s. 12 ; which section was
not consolidated or repealed by E. S. 0. 1887.
7. Where the hochj lies. — The place where the
body lies must be stated to show the jurisdiction
of the coroner, and that he has power to take the
view.^ And the place where the death happened
or where the body was found should also be stated.*
8. The Jurors^ and their finding upon oath. —
The inquisition must show that all the jurors took
the oath, and who they are, by name ; and there-
fore it is insufficient to allege that it was taken by
the oaths of the several persons underwritten,'^ or
of so and so (naming one or two) and others.*^ So
it must expressly appear that the jurors are from
the county or jurisdiction within which the inquisi-.
tion is holden; that they are at least twelve in
number in Ontario, and present the inquisition
upon their oaths. ^ If their christian names and
1 3 B. & A. 579.
2 2C. &r. 230.
»Jer. O. C. 279,
^AV<7. V. Even, 6 B. & C. 247.
»t5B. AC. 247.
« 2 H. P. C. 168
^ 2 Hawk. P. C. c. 25, b. 126.
278 DUTIES OF CORONERS.
surnames are given in the body of the inquisition,
it is not necessary that the jurors should sign their
names in full.^ Before attempting to insert the
names of the jurors in the inquisition, it shouLl be
accurately ascertained what they are, and how
spelt, in order that there may be no variance
between the names in the caption and those in the
attestation."
9. The charge to inquire. — It is usual to state
in the inquisition that the jury were charged to
inquire, but this is not in strictuess necessary.^
10. The verdict. — The finding of the coroner's
jury should be stated with legal precision and cer-
tainty, and must not be repugnant or inconsistent^
and the charge should be direct and positive.*
If the jury in their verdict think proper to com-
ment on the conduct of parties towards one under
their subjection who has committed suicide, the
superior courts will not alter the finding on that
account.^
Where a iurv found the cause of death to have
been disease, adding that it was accelerated by an
overdose of certain drugs taken in excess, and
improperly compounded, prescribed and adminis-
tered by one F., as a cholera preventive, and that
F. was deserving of severe censure for the gross
carelessness displayed by him in such compound-
' Reij. V. Golilinn, 3!) Q. B. 259.
2 3 0. & P. 411.
3 Ld. Raym. 710 ; 2 Hawk. P. C. o. 25, s. 120.
•• Jer. O. C. 281 ; Reg. v. Bmlen, et al, 10 U. C. Q. B. 487.
» In re Millar, et al. ; 15 U. C. Q. B. 244 ; Ex parte Scratchley, 2 D. &
L. 29.
li;;
DUTIES OF CORONERS.
279
ing and prescribing ; the inquisition was brought
up by certiorari by F., but the court refused to
quash it, holding that the imputation which it
contained, not amounting to any indictable offence,
gave F. no right to have it quashed, and that under
the circumstances public justice did not require
the interference of the court. ^
The verdict of the jury does not prevent the
accused being tried for a higher or lesser offence.
The principal parts requiring attention in the
verdict will be treated of under the next three
heads.
11. The party charged. — If the inquisition con-
tain matter of accusation against a party, such
party should, if known, be described by his chris-
tian and surname. The christian name should be
such as he acquired at his baptism or confirmation,
or at both.^ A second christian name cannot be
added after an alias diotus f but a person may, if
he has acquired two christian names, be indicted
by both ; and if they are misplaced, it is as much
a misnomer as if other and diflerent names were
stated.'* The surname should be the one usually
given to or acknowledged by the party ; and if
there is a doubt which one of two names is his real
surname, the second may be added after an alias ^
adding the christian name to each.°
When the party is miknown, he may be
described as a " certain person to the jurors afore-
1 R,-li. V. Failri), 24 Q. B. .'$84.
2Co. Lit. 3 ; Mod. 115, 11(5 ; Jer. O. C. 281.
»Lcl. Haym. 502 ; Willes, 554 ; 2 East, 111.
••ST. R 195.
''Bro. Misn. 47 ; Jer. O. C. 282.
280 DUTIES OF CO RON lilts.
said unknown," adding, if possible, some descrip-
tion by which he may be designated, for no pro-
ceedings can be taken upon an in!|uisition charging
a person unknown, without something ]>y which to
ascertain who the jury meant. ^
If tlie name sounds the same it is no objection
if it is misspelt.'^ And the objection of one defend-
ant, where several are named ni the incjuisition,
will not abate the inquisition as to all, as it is
several against each. ^
An inquisition finding thao the directors of a
railway or other company, did "kill and slay," etc.,
without designating the directors by name, will be
quashed.^
12. Tlie Additi(^ . — The party charged should
also be described b^ ^ns addition or occupation;
although the want of an addition or the stating a
wrong one may be amended.'^
13. The Allegation of Time and Place. — The
time and place when and where the party is charged
with having committed tlie offence should be stated
accurately if possible. The hour of the day need
not be stated. But defects in stating the time and
place may be amended. And it seems mention of
the place is not absolutely necessary, where the
venue is stated in the margin of the inquisition,
1 R. A R. 409.
-10 Kast, 84; 16 East, 110.
"2 H. P.O. 177; but see 32-33 V. c. 29, s. 71, and R. S. O. 1877,
<c. 79, 8. 12, as to power of judge to amend.
* The Queen v. The Directors of the G. fV. Ruilwuy Co., L. R. 20
Q. B. D. 410.
* R. S. O. 1877, c. 79, a. 12.
DUTIES OF CV/iOyKJiS. 281
except perhaps in cases where local description is
required/
It was held no objection to an inqnisitior for
murder, that the offence was stated to have been
committed on "the '26th day June," omitting the
word"of."2
If the offence is char<^ed to have been commit-
ted on an impossible day, the inquisition is bad.^
The jury should point out the precise time at
which the accident happened that caused the death
of the deceased, and also the precise time at which
the death took place.**
14. The Description of the Act.- The inquisi-
tion ought to contain a complete description of such
iacts and circumstances as constitute the crime
without inconsistency or repugnancy .° The charge
must be distinct and substantive, and every fact
and necessary ingredient must be stated, for it is
not sufficient (in general) to charge the defendant
generally with having connnitted the offence."
There are, however, exceptions to this rule,
amongst which are the principal crimes which come
under the notice of coroners. For instance, in the
case of offenders formerly called accessories before
the fact,'^ and aiders and abettors, it is not neces-
sary to state the particulars of the incitement and
solicitation, or of the aid and assistance. And in
1 E. S. O. 1877, c. 79, s. 12.
= Hex V. lUngins, 3 C. & P. 4U.
3 Reg. V. Mitchell 7 C. & P. 800.
' lieg. V. Brownlow, 3 P. & D. ;V2.
* Reg. V. Breden, 10 U. C. Q. B. 487 ; 5 East, 244.
« Jer. O. C. 28G.
" 2 East, 4.
282
DUTIES OF CORO.y/'JRS.
cases of murder or iiianshuighter, it is snfiicient
(i? murder) to charge that the accused person "did
felonioi sly, wilfully and of his malice aforethought,
kill and murder;" and (il manslaughter) "did
feloniously kill and slay" the deceased. Imperti
nent and unnecessary allegations and useless cir-
cumstances of aggravation ought to be avoided.
The allegations must be made with certainty,
and be sUited positiceli/, and not i)y way of recital,^
inference or argument," or the like. Statements
should not be made in the di.sjtmctii'e, or the
inquisitions will be bad for uncertainty. For
instance, " murdered or caused to be murdered,"
"wounded or nundered," "conveyed or caused to
be conveyed," etc., would be bad.'^ And the same
if the party is charged in two different characters
in the disjunctive.'*
The charge must also be single. For a party
cannot in general be charged with two or more
offences in the same inquisition. So neither can
two persons be charged with different and distinct
offences. Offences of different degrees, but depend-
ent one upon the other, may be charged in the
same inquisition.^
If the jury find the cause of death was the act
of any person, and there is something which ex-
cuses that person, the matter excusing him should
be found also. For exalnple, that the person was
insane when he did the act.
1 -2 Lil. Raym. 1303. _
- 2 Hawk. P. C. c. 25, s. 58.
» Jer. O. G, 28<». -
*2 Ko. Hep. 2()3. _ V
•"* Jer. O. C. 2'jy.
DUTIES OF COROiXERS. 2.S3
111 parfciciiljr cases, certRin words of a technical
character must be used, ov oise the inquisition will
be bad. These words are reduced to lew in num-
ber by the present law. When drawing up an
I'lquisition foi. any felony, the word ^^feloniou.sli/ "
must be inserted ; for instance, in describing the
offence of manslaughter, it is necessary to state
" did felon iouslij kill and slay." Again, in charg-
ing a person wibh murder, in addition to the word
feloniously, the actual word murder uinst be used.^
The word kill, or any other of the same meaning
will not suffice. Also, in this case and that oifelo
de se, the words malice aforethought must be
hiserted — ^\feloniousl/j and of his malice afore-
thought.'" As the offence oifelo de se admits of no
degrees, it is not necessary to state the party
murdered himself, but a word of similar meaning
may be employed.^ Formerly there were several
more words, and there were even sentences essen-
tial to the vaUdity of coroners' inquisitions, such as
" with force and arms," " against the peace of our
Lady the Queen," etc., etc. ; but these have been
got rid of, either by the express provisions of
32-33 V. c. 29, or by the powers of amendment
now vested in the courts.^
' Fost. C. L. 424 ; 2 H. P. C. 184.
- Plowd. 255 ; 1 Saund, 35G : 1 Keb. GO ; 1 Salk. 377 ; 7 Mod. 16.
'Much of this whole section is left as it stood in tlie second edition
of this work, whicli was published lonj^ before the Crimiral Code, 18'.)2,
was passed. By the Criminal Code, c. 174, R. S. C. (which was a con-
Bolidation of 32-33 V. c. 29) is repealed, and a consolidation of c. 174,
enacted, but this consolidation does not apply to inquisitions, as will be
seen by reference to s. 3, s-s. (j) and s-s. (1) on pa^e 33 of the Code, and
the result seems to be, there is no act correspondiuj* now in force in the
Dominion of Canada. In this view of the law, it has been thouoht
better to leave the section as it originally stood, for it seems safer for
coroners to follow the old law for the present.
2S4
DUTIES OF CORONERS.
15. The Attestation. — This is an essential part
of the iaqnisitiun.' Underneath it the coroner
and jurors sign their naines op josite seals, and the
coroner adds his office, thus :
"A. B., Coroner, County of "
The coroner and ail the jurors should sign their
names witl ink and in full, and not by initials,^
although if their names are stated in full in the
caption it has been held unnecessary for their
names to be in full at the end.^
Unless all the jurors sign the inq. -loion there
may be trouble in obtaining payment for the
inquest, since it was held in England that a coro-
ner was not entitled to be paid under 25 Geo. II.
c. 29, unless the inquisition was signed by all the
jurors.^
A person who cannot write his name should not
he sworn as a juror if it can be avoided.
There is now an express authority that the
inquisition need not be sealed, but the practice of
sealing is universal, and had better not be departed
from.^ Affix a separate seal for the coroner and
for each of the jurymen.
If it is necessary to accept jurors who sign with
their marks, such marks ought to be verified by an
attestation.*^ But a juror who has put his mark
1 See Form, No 75.
2 Rex V. Evett, (5 B. C. 247 ; Rex v. Bowen, 3 C. & P. 602.
3 Jer. O. C. 297 ; Reg. v. Golding, 31) Q. B. 259 ; Rex v. Bennett, 6 C.
& P. 179.
*Rex V. Norfolk (Justices), 1 Nolan, 141.
*See Reg. v. M'inegarner, 17 O. It. 208.
'^Rex V. Bowen, 3 C. & P. 002 ; Reg. v. Stockdale, 8 D. P. C. 517.
DUTIES OF CORONERS.
285
uuist be taken ^rhna facie to liave done so in the
presence of tilt jther jurors.'
I*^ several persons on an inquest have the same
christian and surname it is not necessary in the
captiij'n, or the in(jui-ition, to distinf»uish them by
abode or addition.- But it is proper to give the
addition or occupation of each juror in the cap-
tion.
If an in(piisition states it to have been taken
on the attirmation of a man, it should state that
man objected, or was incompetent to take an oath,
or was objected to as incompetent to take an
oath, in order to siiow he is a person entitled to
affirm.'^
In a case in whiv-'h the depositions of the wit-
nesses, the finding of the jury and the signatures
of the coroner and jury, were all written in pencil,
MacMahon, J., remarked that this was " unexcus-
able carelessness on the part of one clothed with
the important functions devolving upon a cor-
oner
"4
Coroners should keep copies of all inquisitions,
in order to be able to make their returns to the
proper officers.^
Skc. la,— publication of proceedings.
Stiictly speaking, it is unlawful to publish a
statement of the evidence before a coroner's jury,
^ LeivMs Cane, 2 Lewin C. C. 125.
2 Hex V. Nicholas, 7 C. & P. 538.
3 Rex V. Polfield, 2 D. P. C. 4G9 ; The Canada Evidence Act, 1893,.
8. 23.
*neg. V. Winegai-ner, 17 0. R. 208.
'See page 29. i
2<S6 DUTIES OF t'OJiOJUEIiS.
as lonjjf Hs the proceedings are pendiiif^ at least ;^
and one who is aggrieved by the pubhcation may
obtain redress by civil action for the injury sus-
tained,^ or the publishers may be punished by
indictment or criminal infornuition/' But with the
present " liberty of the press," a fair and honest
publication of the proceedings, without being ac-
companied by unfounded or unjust comments,
would hardly meet with nuich discountenance from
the courts.
i:<
«:V-/-:» ■■
Sec 14.— defraying EXPENSES.
For list of fees see Chap. XIV.
In Ontario the expenses of an inquest are sup-
posed to be paid by the coroner, who afterwards
can present his account to the county treasurer for
payment. In practice, however, each person hav-
ing a claim for services rendered in connection
with an inquest, makes out his own account, and
after getting it certified as correct by the coroner,*
and attaching an oath as to its correctness, leaves
it with the clerk of the peace, in duplicate.^
Tl^e accounts should be rendered on or before
the first days of January, April, July and October,
in every year.°
There is no provision in Ontario for defraying
the expense of an analysis when not made by
» liex V. Fleet, 1 B. & Aid. 379 ; Rex v. Fisher, 2 Camp 5G3 ; R. v. Lee
5 Esp. 1'23 ; Duncan v. Thwaiten, 3 B. & C. 556.
- 3 B. & C. 556 ; 4 B. & A. 218 ; 5 D. & R. 447, s. c.
3Jer. O. C. 2()9.
*See Form, No. 73.
» See Form, No. 70.
«R. S. 0. c. 84,8. 6.
. DUTIES OF conoxKHs. 287
a medical witness ; and, as previously stated, it is
necessary for the coroner to obtain the sanction of
the Attorney-Greneral, in order to have the amount
paid by Government. When, therefore, a cv^roner
finds an analysis will be necessary, he should at
once apply to the Attorney-General for such sanc-
tion, and he should state that he has done so
to the chemist, in order to prevent any delay on
his part.
There is also no direct provision in Ontario for
defraying the expense of burying persons who have
no friends or property available for the purpose,
but if the coroner issues his warrant to bury the
body, all proper acts done in pursuance of that
warrant ought to be paid by the Government,
and if not so paid, the county authorities should
sanction the amount being paid out of the county
funds. ^
When a body has been exhumed under a
coroner's warrant, there is a sum of $2 allowed for
re-burying the body, and it may be assumed that a
like sum will be allowed for all int^ vients ordered
by the coroner.
Each coro'ier's account must have attached
thereto a declaration in writing under oath, and
sworn to before his warrant sunnnoning the jury
was issued, stating that from information received
by the coroner, he was of opinion that there was
reason to believe that the deceased did not come lo
his death from natural causes, or from mere acci-
* When the body of a deceaserl person luis been found publicly
exposed in Ontario, the coroner, if there is no innpector of Anatomy for
the locality, is required to cause it to be interred, as the Act says, " As
has been customarv." See R. S. O. c. 141). s. 7.
2S,S
itrriiis or fonnsmts.
(lent or iniscliancc, l)iit came to his deatli from
violence or unfair means, m- by ciilj)al)l(! or nef,'li-
f^ent conduct of others, under circumstances re-
(juiiing investigation by a coroner's inquest ;' and
also a certilicate of the Crown attorney" that the
in(|uisiti()n and papers have been filed with him,
and that he considered there were suflicient
grounds o warraiit the holding,' of an inquest within
the meaning of the Act respecting coronors,'' and
there must be a statement of the verdict under the
following heads : murder, manslaughter, justifiable
homicide, suicide, accidental death (specifying the
cause), injuries (canse unknown), found dead, nat-
ural death. ^ And when mileage is claimed, the
places from and to must be mentioned. Unless
this requisition is complied with the accounts will
not be passed.
All accounts nnist have the proper dates placed
opposite the respective charges, and must be veri-
fied by the oath of the party making the claim, '^ and
must be rendered in duplicate to the treasurer of
the county quarterly, corresponding as nearly as
possible with the quarters ending w'th the months
nf March, June, September and December, care
being taken that one quarter's accounts does not
run into another, and such account should include
1 See Form, No. 14. Tlie oath can be sworn before a J. P.; a commis-
sioner, or a notary public. See li. S. O. c. 80, s. 4.
*See Form. No. 73 J.
' For this certificate the crown attorney is entitled to be paid $1.00
by the Government. See circular, No. 18, from the Treasury Depart-
ment of Ontario.
* See circular of Inspector-General of Jany. 26, 1864.
"> See Form, No. 70.
DUTIES Of CORONERS.
289
all demands of the party rendering,' the same up to
the time of such rendering.
The coroner should give the medical witness an
order ^ on the treasurer of the city or county for the
payment of his fees.^
Ti^«^ court in England, under the provisions of
25 Ge I II. c. 29, refused to compel the allowance
of an item in a coroner's account, because the jus-
tices were of the opinion that there was no ground
for holding the inquisition.^ But it is submil'^^ed
that if the account is presented under the law in On-
tario with the necessary declaration of the coroner
and certificate of the crown attorney, the auditors
would not be justitied in refusing to audit and pass
the regular charges, nor could the city or county
tn^asurer refuse to pay the account so audited.
Under the regulations issued from the Inspec-
tor-General's office, January 2Gth, 1864, coroners
are required to state in their accounts the verdict of
the jury under the following heads : —
Murder.
Manslaughter.
Justifiable Homicide.
Suicide.
Accidental Death (specifying cause).
I"ijuries (cause unknown).
Found Dead.
Natural Death.
^ See Form, No. 62.
- R. S. O. c. 80, 8. 10. '
^ Rex V. Kent (Jiistices), 14 East, 229 ; Rey. v. Qloncestershire {Justices),
7 El. & Bl. 845. .
B.C.— 19
290 DUTIES OF COROXKliS.
And unless this regulation is con] plied with, the-
accounts will not he passed.
Coroners, for services rendered hy them in the
execution and return of civil process are allowed
the same fees as would be allowed to a sheriff for
the same servicec.^
For schedule of sheriff's fees, see Consolidated
Kuies, Tariff C.
The constables' accounts in connection with in-
quests must be sent in separately from their claims
for other services, and have the certificate of the
coroner attached that the services were per-
formed.^
In Quebec. — Within fifteen days following an
inquest, the coroner must send a detailed state-
ment of the costs attending the same to the attor-
ney-general, together with a certified copy of the
demand made for a post mortem by a majority of
the jury, or of his declaration as to the necessity for
a jJ)os^ morte)ii.^ Any human body found within
the limits of a city, town, incorporated village,
parish or tov nship, unless disposed of under the
provisions of section 1, chapter 4, title 10 of the
Revised Statutes of Quebec, respecting anatomy,
shall be buried at the expense of the corporation
in which it is found. ^ And if the body is found
upon the beach of, or floating in, the liiver St.
Lawrence opposite the parish of Beaumont and the
» Soe C. It. 1232. • --_,..,,., —
^ See Form, No. 73, and see circular from Inspector-General's 0(. cj
of Jany. 'itjth, IHCA.
II » R. S. Q. 1888, Art. 2690.
I > *R. S.Q. 1888, Art. 2C'J1.
I i
DUTIES OF COROXKIiS.
291
parish of St. Joseph cle Levis, and is not claimed
as provided by law, the coroner must see to its
bnrial, and he will be re-imbnrsed his necessary
expenses as for costs foi idling part of those of his
office.^
In British Golumhia^ the costs of and incidental
to the inquest upon a dead body found within the
limits of a municipality must be paid by the muni-
cipality in which the inquest is held, and any
unclaimed human body found dead within the
limits of a municipality must be buri^;d at the ex-
pense of the corpoi'ation of iuch municipality, but
such expense may be recovered from the estate of
the deceased.-^
> R. S. Q. 1888, Art. 2691.
*•' R. S. B. C. 1888. c. 24, s. 15, 16.
292
DUTIES OF CORONERS.
CHAPTER XIII.
PROCEEDINGS SUBSEQUENT TO THE INQUISITION.*
Sec. 1.— with REFERENCE TO THE TRIAL 292
" 2.— OF BAIL . . 293
" 3.— OF AMENDING AND TAKING NEW INQUISITIONS 294
" 4.— OF TRAVERSING INQUISITIONS 296
" 5. -OF QUASHING INQUISITIONS 296
" 6.— OF PLEADING TO INQUISITIONS 301
Sec. 1.— PROCEEDINGS WITH REFERENCE TO THE TRIAL.
If the verdict or liiiding be manslaughter or
murder, and if the person or persons, or either of
them, affected by such verdict or finding, be not
ah'eady charged with the offence before a magis-
trate or justice, the coroner must, by his warrant^
under his hand, direct that such person be taken
into custody, and conveyed with all convenient speed
before a magistrate or Justice ; or the coroner may
direct such person to enter into a recognizance^
before him with or without a surety or sureties^ to
appear before a magistrate or justice. And in
either case the coroner nuist transmit to the magis-
trate the depositions taken before him.^ The mode
of taking the depositions and returning them to the
1 The notice to the inspector required to be given after certain in-
quests on the bodies of persons killed by accidents in mines in Nova
Scotia is mentioned on p. 21.
" See Form, No. 56.
^ See Form, No. 57.
•* See remarks on p. 270. ~ "
' 55-56 V. c. 29, s. 568, Dom.
DUTIES OF CORONERS.
293
proper officer in these and in other cases has
already been mentioned.^
The witnesses called for the purpose of excul-
pating a party accused should not be bound over
to appear.^
If a wife is a witness, and her husband is not
present to enter into a recognizance, the wife is not
to be bound in any penal sum, but 071 pain 0/ im-
prisonment.^ If the husband is present, he must
be bound for the appearance of his wife.* And if
an apprentice or miner is a witness, the master or
.rent is bound for his appearance.^
The coroner should be present at the assizes,
when any case is tried in which an inquisition was
taken before him; for if he is not present, the court
may fine him."
In Prince Edward Island the recognizances of
the witnesses under the statute of 1836, must be
to appear at the next Supreme Court or Court of
Oyer or Terminer and Jail Delivery at which the
trial is to take place.
Sec. 2.— of BAIL.
Except in the cases of murder and manslaughter
mentioned in the last section and in those cases only
to the extent there stated, coroners must not accept
1 See Chap. XII. b. 10.
•^ Reg. V. Taylor, 9 C. & P. 672.
•'' See Form, No. 51). and note thereto.
* See Form, No. 59 ; Impey O. C. 205.
» See Form, No. 5!l ; Impey O. C 5()6
« In re Uncin, O. B. 1827 : Car. C. L. 17.
294
DUTIES OF CORONERS.
of bail, but if the part}- accused is advised that he
is entitled to be bailed, his remedy is by application
to one of the courts.
I':;
: i.'i:
Sec. 3.— of AMENDING AND TAKING NEW INQUISITIONS.
Criminal prosecutions do not come within the
benefit of the Statute of Jeofails, yet in furtherance
of justice, the courts in their discretion have always
allowed amendments in inquisitions which, though
good in substance, were defective in form.^ And
now ample powers of amendment are expressly
given to the courts by legislative enactments.^
If the inquisition is quashed, a new inquiry may,
by leave of the court,^ be instituted by the coroner,*
the body being disinterred by order of the court for
that purpose, if it has not been a long time buried.^
But if there is any imputation upon the coroner,
he will not be allowed again to make an inquiry,
but a writ of melius inquirendum will be awarded
to take a new inquisition by special commissioners,
who proceed without viewing the body, by the
testimony of witnesses only;° or if the body can
still be viewed, a new inquiry may be ordered to be
taken by another coroner, as was done in the case
1 1 Sid 226, 259 ; 3 Mod. 101 ; 1 Saund. 35(5 ; 1 Keb. 907 ; 1 Hawk,
P. C. c. 27,"8. 15 ; Jer. O. C. 307.
2 See R. S. O. 1877, c. 79, s. 12. This section was not consolidated
or repealed by R. S. O. 1887. But no one can now be tried in Canada
upon a coroner's inquisition. See 55-56 V. c. 29, s. 642, Dom.
3 Str. 167.
•*3Mod. 80.
" Salk. 377; 1 Str. 22,533.
8 2 Hawk. P. C. c. 9, 556 ; 1 Salk. 190.
H
DUTIES OF CORONERS.
295
of the disaster on the Solent, arising from the
Queen's yacht having run down tlje private yacht
Mistletoe.
In the Balham inquiry as to the cause of iVIr.
Bravo's death, the first inquest not being considered
satisfactory, the Attorney-General obtained an order
from the Court of Queen's Bench, requiring the
coroner to shew cause why a fresh inquiry should
not be made, upon which a final order was made
quashing the first inquisition, and ordering the
coroner to hold a second inquiry before another
jury, but on view of the body. This was not done
from any defect on the face of the first inquisition,
but because circumstanct had arisen, sul)sequent
to the first inquest, which caused a suspicion that
Mr. Bravo had been poisoned, and had not com-
juitted suicide as was at first supposed. C. J.
Cockburn, in giving judgment, stated that the
court wished it to be distinctly understood that it is
not in every case of an incomplete finding of the
jury that the court will ■ iterfere to quash the
inquisition and send the case to a fresh inquiry.
It is only where the court sees that there has been
a miscarriage, by evidence which might have thrown
light upon the subject having been excluded, that
they will interfere. The court must take care not
uselessly to keep up the excitement in the public
mind unless the way seems clear to some practical
advantage.^
If the inquisition is quashed for a defect in form
only, the coroner may and ought to take a new in-
1 The Queen v. Carter, Q. B. D. Weekly Reporter, July 8th, 1876.
tfeo
296
DUTIES OF CORONERS.
quisition, in like manner as if he had taken none
before.^ But a coroner has no power after holding
an inquest super cisu7n corporis and recording the
verdict, to hold a second like inquest mero motu,
on the same body, the lirst not having been
quashed, and no writ of melius inquirendum having
been awarded.'-^
Sec. 4.— of TRAVERSING INQUISITIONS.
It seems that inquests of coroners are in no case
conclusive, but any one effected by them, either
collaterally or otherwise, may deny their authority
and put them in issue. '^
It has been doubted whether inquiries oifelo de
se were traversable, but the law appears to be now
settled that they are.*
An inquisition cannot be traversed to make a
man/e/o de se who is found not to be so, unless the
verdict be obtained by improper conduct of the cor-
oner, when a melius inquirend um msiy be obtained
before special commissioners.^
Sec. 5— OF QliASHING INQUISITIONS.
We have seen ° that no inquisition found upon
or by any coroner's inquest, will be quashed for
^ 2 Roll. Abr. 32 ; 2 H. P. C. 59 ; 2 Str. 69 : Jer. O. C. 91.
2 Ren. V. niiite, 3 El. & El. 137.
» 3 Keb. -189 ; 6 B. & C. 247, 615, 627 ; Jer. O. C. 312.
* See Jer. O. C. 312, 313, 314 ; 2 Lev. 152.
» 3 Mod. 80 ; 1 Salk. 190 ; Jer. O. C. S15 ; but see Impey O. C. 489.
« See Chap. XIII. sec. 3 ; R. S. O. 1877, c. 79, s. 12.
DUTIES OF vOn OXERS.
297
want of the averment therein of any matter un-
necessary to be proved, nor for the omission of any
technical words of mere form, nor for any technical
defect ; but if an inquisition is so defective that no
judgment can be given upon it, it will in general
be quashed.
Inquisitions which do not contain the subject-
matter of accusation, may be quas :ed by appli-
cation to one of the superior courts, the record
being first removed there by certiorari. Inquisi-
tions will be quashed if the facts are imperfectly
stated, or, as stated, do not amount to a punishable
offence,^ or if the accused parties are designated as
the directors of a railway or other company without
naming them,^ or if the inquisitions are uncertain
in their language,'^ or if the finding of the jury is
not legally warranted by the facts set forth, ^ or if
twelve jurors did not agree in the finding, even if
the finding was in other respects good.^
When an inquisition contains two or more sub-
stantial findings, it may be good in part, though
void as to the residue.®
When material evidence has been refused and
the jury has brought in an inconclusive verdict,
^ In the case of Reg. v. Johnston, recently before the C. P. Division at
Toronto, and known as " The Christian Scientist case " tlie coroner's
jury found the scientists guilty of "culpable ignorance in treating the
deceased " and they were arrested, but the inquisition was quashed by
the court on the ground that " culpable ignorance " was not a criminal
offence. See The Daily Empire, June fith, 1892.
■ The Queen v. The Directors of the G. U. Railway Co.,L. R. 20 Q. B. D.
410.
» 12 Mod. 112 ; Rey. v. Breilen»tal, 16 U. C. Q. B. 487.
* Cully, in re 5 B. & Ad. 230 ; and see Rey. v. Farley, 24 Q. B. 384 r
Reg. V. Goulding, 39 Q. B. 259.
» Cahat'g Case, 2 Hale P. C. 161 n ; Jer. 253.
« Jer : O. C. 318 ; ex parte Carruthers, 2 M. & R. 397.
298
DUTIES OF COROXE/iS.
i
; -i! 1
Mil
and fresh evidence which will throw light upon
the inquiry is forthcoming, the court will quash
the inquisition, and send it down to the coroner to
hold a fresh inquiry before a fresh jury. Such fresh
inquiry nnist be held super visum corporis}
The court refused to quash an inquisition on
the ground that evidence was received not upon
oath, there being no mala ptraxis, and no mischief
having resulted, and the jury having found their
verdict upon the other evidence only.^
The court will not in general entertain an appli-
cation to quash a coroner's inquisition except for
defects on its face, or fraud is shown.'*
The insufficien'' y of evidence to support the
finding is no proper ground for an application to
quash an inquisition. Nor that the direction of
the coroner to the jury was improper, but not wil-
fully so,^ nor that the County Crown Attorney act-
ing for the prosecution on being desired by the
foreman of the jury to enter the jur}' room to
inform the jury as to the proper language to he
employed in order to render a verdict of man-
slaughter, after the jury had reached a conclusion,
and were prepared to deliver their verdict, did so
in presence of the coroner.^ Nor the improper
reception of evidence.*^
I Reg. V. Carter, 45 L. J. Q. B. D. 711 ; 13 Cox, C.C. 220.
- iiV(/. V. Staffordshire (coroner), 10 L. T. N. S. 650 Q. B.; Rai. v.
Ingham, 5 B. & S. 257.
» lie Caseij, et al., 3 Ir. C. L. 11.22 ; Ren. v. Mcintosh, 7 W. R. 52 s. c.
32 L. T. 140.
* Re Casey, et al, 3 Ir. C. L. R. 22 ; Re Miller, 15 U. C. Rep. 244 ; lieg.
V. Ingham, 5 B & S. 257. ^ , -v -- ,r ^ .— - ,-
" Reg. V. Sanderson, 15 Ont. lOG.
" Reg V. Ingham, 5 B. A S. 257 ; Rtg. v. Sanderson, 15 Ont. lOG.
in'TiKs Of vo no X lilts.
299
An inquisition will be quashed if after a jury
has viewed the body and heard part of the evidence
another person is sworn of the jury and views the
body and takes part in the proceedings on hearing
that part of the evidence which had been previously
taken, read over to him.^
After a verdict, the court will presume that a
coroner's inquisition was found by twelve jurors, if
twelve were necessary.^
Where a jury found that a deceased person
committed suicide " while suffering under the
cruel conduct of a Mr. S." a clergyman, and the
coroner had taken this down as the finding of the
jury, it was held that the court would not grant a
certiorari to bring up the inquisition for the pur-
pose of quashing so much of the Unding as was
irrelevant."'
During an affray in which shots were fired by cer-
tain constables, A. was killed, and B. and C. we:;e
mortally wounded by gun shots. A jury was sum-
moned by a coroner and sworn upon the body of A.
after viewing the body the inquest was adjourned
to a subsequent day. B. died before the day, and
the jury sworn upon A.'s in(|uest were, by direction
■of the coroner summoned to hold an inquest upon
B. ; and upon C.'s death, which accurred two days
later, the same jury proceeded to investigate into
the circumstances attending the deaths of the
three deceased persons, notwithstanding a protest
of counsel who appeared for the constables, and it
' Beg. V. Yovkmhire {coroner), S) Cox, CO. 373.
- Taylor v. Lambe, 6 D. & R. 188; 4 B & C. 138. "
3 Scratchley, Ex parte, 2 D. & L. 29.
300
DUTIES OF COROXKRS.
l.«l :
'|i^
was held on motion to qnash the inquisition^
that the proceedings were irreguhir and the motion
was granted.^
After the jury had retired to make up tlieir
decision tne coroner, upon being informed that
they had agreed, but before their verdict was
declared, entered the room where they were in
consultation and took their verdict in the room
before returning into open court, it was held
that this was misconduct of the coroner, and the
inquisition was quashed.'-^
On an application to quash an inquisition it
was held in Ireland that the Queen's Bench Divi-
sion will not examine the depositions returned by
the coroner on certioran, for the purpose of inquir-
ing whether the evidence was sufficient to support
the verdict of the coroner's jury.^
On an application to discharge a prisoner from
custody under a coroner's warrant on a charge
of murder, on the ground that the inquisition did
not sufficiently identify the body of the deceased as
being that of the person with whose death the
prisoner was charged ; it was held the prisoner was
entitled to be discharged f'*' i custody under the
coroner's warrant ; but as i le depositions showed a
felony had been committed, an order was made
re-committing the prisoner to his former custody.^
Misconduct of the coroner or jury will also be a
good reason to quash the inquisition.^ For instance,,
' In re The Mitche.htown Inqtimtion, 22 L. R. (Ir.) 279.
'^ In re The MUchehtoicn Inquisition, 22 L. R. (Ir.) 279.
3 In re The Mitchehtown Inquisition, 22 L. R. (Ir.) 279.
* R. V. Berry, 9 Pr. Rep. 5. '23.
6 3 Mod. 80.
m
IH'TIKS OF CORONERS.
301
if the coroner wilfully misdirects the jury/ or if he
withdraw some of the jurymen in order to induce
the others to find a particuhir verdict.^
Also an inquisition will he quashed if taken
without a view of the body, or if taken on view
of a body which is so decomposed as to afford no
infonnation.'^
An inquisition taken before an unauthorized
person, being a nullity, will not be quashed.^
If an inquisition is quashed, a new inquiry
may, by leave of the court, be instituted by the
coroner, unless he has been guilty of any corrupt
practice, when the new inquiry will be taken by
special commission, as stated above.° The affi-
davits, in moving for a certiorari, should be entitled
The Queen \. A. B. (naming the coroner who held
the inquest). °
The whole question of qua' iiing inquisitions
must now be considered by the legal profession
in connection with the effect of the Criminal Code,
1892, ss. 568, 642 ; and also s. 3, s-ss. (j) and (I),
which do not mention inquisitions which were
formerlj'- included in the corresponding sub-sections
of E. S. C. c. 174, s. 2.
Sec. 6.— of PLEADING TO INQUISITIONS.
When the inquisition contained the subject-
matter of accusation of any person, it was equi-
1 R. V. Wakefield, 1 Str. 69.
2 11. V. Stukchj, 12 Mod. 493 ; Holt. 167.
» R. V. Bond, 1 Str. 22 ; 2 Hawk. P. C. c. 9. s. 24.
•» 8 A. & E. 936 ; 1 P. & D. 146.
» See Chap. XIII. s. 8.
*2Vie Queen v. Garter, Weekly Reporter, July 8, 1876; The Queen v.
Farley, 24 Q. B. 384.
302
DC TIES OF CO/IOXKHS.
m
h\
valeiit to the fin(lin<,' of a j,'rand jury, and sucii
person nii^'ht be tried and convicted upon it.^
And it seems if an indictment was found for the
same offence, and the prisoner was acquitted on
the one, he ought to he arrainged on the other,
to which he might however, plead his former
accjuittal.'^ In practice, an indictment was always
preferred to the grand jury, and the party auppnxeil
to be tried upon both proceedings at the same time
so as to avoid a second trial, and when a prisoner
was arraigned upon the incpiisition it was done
in the same form as upon an indictment, and
the subsequent proceedings were in effect the
same." Now under section (542 of the Dominion
Criminal Code, 1892, no one can be tried upon
a coroner's inquisition.
' -2 Hale, 01.
»2 Hale, C.l ; 1 Salk, 382.
3Arch. Cr. PI.
IX'TIES OF COnoXKllS.
:?03
CHAPTER XIV.
SCHEDULE OF FEES.
Skc. 1. -the COUONER'B fees in inquests of death.. 303
'• 2.— the couoneu'S fees in fihe inquests mi
1. IN OITIES, TOWNS .\ND VILL.VGES 307
•2. IN COUNTRY PARTS 308
" 3.— THE CORONER'S FEES FOR EXECUTING CIVIL
PROCESS 30y
" 4 -THE FEES OF THE MEDICAL WITNESS 310
'• 5— THE CHEMIST'S FEES 312
" ().— THE JURORS' AND WITNESSES' FEES 313
" 7— THE CONSTABLE'S FEES 314
Having referred to the coroner's right to fees in
sec. 2, Chap. lY. Part I., and having stated the
manner in which the expenses of in(juests are de-
frayed, and in what shape, and to whom the
accounts are presented, in sec. 14, Chap. XII. Part
II., it will now, in connection with the subject of
fees, only be necessary to give lists of them.
Sec. 1.— THE ONTARIO CORONER'S FEES IN INQUESTS
OF DEATH.i
(See observations in Chap. XII. sec. 14, as to making; out and render-
inj^ accounts).
Precept to suimnon Jury 80 .50
Impanelling; jury 1 00
' These fees are prescribed by R. S. O. c. 83. *
304
DUTIES OF CORONERS.
Summons for witness, each' % 25
Information or examination of each witness' 25
Taking every recognizance' 5'^
Taking inquisition, and making return (whether
one or more days) 4 00
Every warrant' 1 00
Necessary travel to take an imjuest, per mile* 20
In Quebec, the fees are :'" —
For each inquisition and return 6 00
For every day exceea.ng two days in which the cor-
oner is actually engaged in holding an inquest.. 3 00
For every mile actually travelled for the purpose of
enquiring whether an inquest should be held, or
for holding an inquest 10
In cases of an extraordinary nature, a secretary or
clerk is allowed, per diein 2 00
1 If a witness is summoned and not examined, only 25c. can be charfjed,
and if a witness is called from the persons present, without beiuj^ sum-
moned, the sum 'f 25c. for the examination can alone be charged.
When a witness is both summoned and examined, then 50c. can be
charged.
-When an inquest is adjourned, the chai'ge of 50c. is for taking the
recognizances of the whole jury, and not of each separate juryman ;
and where witnesses are bound over to appear and give evidence, all the
witnesses should be entered in one recognizance, unless special circum-
stances prevent it.
* Where a warrant is issued to bury the body, the Governmev.c wil'
not pay this fee, unless a certificate from the churchwardens or otlier
proper authorities is obtained, stating they required a warrant to issue
before tlioy would porniit the interment. If this ceititicate is not pro-
cured however, the county will usually pay for the warrant. The
purpose for which the warrant is issued must always be stated in the
account.
*The mileage is only to be charged in ''oing to the inquest, and
not in returning also. \Bex v. Oxfordshire {Juxticeii), 2 B. & A. 203.] If
the coroner holds more than one inquest during the same journey, he
can only charge the mileage for the second or other inquests from the
place of holding the previous inquest, and not from his residence. The
allowance is for mileage necesbardy travelled, and to hold the second in-
quest he only necessarily travels from the place where the last was held.
[Rex. V. Warivick (Justices), 5 B. & C. 430], Whep mileage is claimed,
the places from and to must be stated. When an adjournment or
adjournments are necessarily made, roroners are allowed the mileage for
each adjournment provided two sittings are not held on the same day.
» K. S. Q. 1888, Art. 2692.
1JCT/E.S OF VOItOXERS.
805
All reasoiijible expenses, such as the leasin*^' of
a phice to bold the inquest, taking charge of the
body, notifying the coroner, uiay be allowed by the
coroner in Quebec.^
No fees can be claimed by a coroner in Quebec
in respect of an inquest unless prior to the issuing
of his Wfirrant for summoning the jury, he shall
have made the declaration in v;riting under oath
mentioned on p. 20, and shall have returned and
filed the snme with the inquisition.^ iVnd if the
Attorney-General is convinced that an inquest
is useless, he may order that no fees be paid for
such inquiry.
In Nova Scotia, the fees are :^ —
For every in(]uisition, including !ii^2.50 for fees of the
jury and 50c. for the constable's fee SIO 00
Any extraordinary and necessary expense at-
tending the inquest or burial of a deceased person,
if approved of by the grand jury and municipal
council, will be allowed as a nnmicipal charge.*
Such charges should be duly attested by the cor-
oner before a justice of the peace as being reason-
able and necessarily incurred.'^
' R. S. Q. 1888, Art. 2692.
'•^ 55-56 v. c. 20, Que.
' R. S. N. S. 5th series, 1884, c. 17, s. 4, and c. 128, scliedule. The
coroner is not entitled to receive his fees from the municipal treasurer
until after a certificate from the clerk of the crown of liis return of the in-
quest is filed with the county treasurer.
•* R. S. N. S. c. 128, schedule.
»R.S. N. S. c. 17, 8. 6.
B.C.— 20
II ! i
306 DUTIES OF CORONERS.
In Neiv Briinswicli, the coroner's fees are : ^
Taking and returning an inquisition, recognizance,
swearing jurors, binding witnesses, and issuing
thereon ail subpnenas and warrants consequent S8 00
Travelling from his residence to the place where the
body may be and returning, per mile 10
The printer's accounts for printing all forms of
inquisition, recognizances, subpcenas, etc., are to
be repaid the coroner.
The fees and all moneys necessarily advanced
on an inquest in New Brunswick are paid out of
the public funds, and the county council must, on
presentation of the account, order it to be paid by
the county treasurer.^
In Prince Edward Island, the coroner's fees
are:^ —
Coroner's fees SI 50
Precept to constable to summon jury 40
Each oath to a witness 15
Each subpoena 15
Each examination 25
Mileage, per mile 05
Taking recognizance of jury and witnesses on ad-
journment 50
In British Colmnhia, the coroner's fees are '} —
For every inquest, including precept to summon jury,
empanelling jury, summons to witness, infor-
mation on examination of witness, taking every
recognizance, inquisition and lecurn, and every
warrant and commitment $10 00
For travelling allowance, per mile 20
iC. S. N. B. 1877, c. 119.
-C. S. N. B. 1877, c. 63,8.8.
" 39 V. c. 17, B. 5, P. E. I. These fees are paid by the Provincial Gov-
ernment.
*R. S. B. C.1888, 0. 24.
I
VVTIE,^ OF COROyERS. 307
111 Manitoba, the Lieutenant-Governor in Coun-
cil from time to time, determines the fees and
allowances to be paid by the government of the
province to coroners.^ The only schedule of fees
for coroners so determined up to 31st May, 1893,
is as follows : —
Precept to summon jury 80 50
Empanelling a jury 1 00
Summons for witness, each 25
Information, deposition, or examination of each wit-
ness 25
Taking every recognizance 25
Necessary travel to take an inquest, per mile each
way 20
Taking incjuisition and making return 5 00
Every warrant for arrest, if necessary 1 00
For 2>ost murtein examination, if actually necessary
and actually made 10 00
In Neivfoundland, the fees for holding inquests
are such as are provided for process and service in
summary criminal cases, and are set out in 52 V.
c. 25, N. F. As already stated, inquests in this
colony are only held by stipendiary magistrates.
Sec. 2.— the ONTARIO C0R0NP:R'S FEES IN FIRE
INQUESTS.-
NoTE. — The same fees are also payable to Provincial Coroners
appointed in Ontario under H-i V. c. 37, Ont., for lire investigations.
1. In cities, toivns and incorporated villages. —
For fire inquests in these places the coroner is
1 R. s. M. c. 3-2, -
^In all cases the party requirinf^ an investigition into an accident
by fire is alone responsible for the expenses of and attending such
308 DUTIES OF CORONERS.
entitled, for the first day's inquiry, to ten dollars :
should the inquiry extend beyond one day, then
to ten dollars per diem for each of two days there-
after and no niore.^
2. In country parts. — For fire inquests not
within a city, town or incorporated village the
coroner is entitled to five dollars for the first day ;
and should the inquiry extend beyond one day,
then to four dollars for each of two days thereafter,
and no more.^
In Quebec, the fees for fire inquests are the
same as in Ontario. In cities, towns and villages
they are paid by order on the treasurer of i le
municipality and elsewhere by the persons who
demanded the enquiry.
In Neivfoundland, where all inquests are held
by the stipendiary magistrates, the fees for fire
inquests appear to be those provided for process
and service in summary criminal cases : for which
see 52 V. c. 25, (N.F.)
in reatigation ; and no municipality can be made liable for any such
expense, unless the investigation is required by a requisition under the
hands and seals of the mayor or other head officer of the municipality,
and of at least two other members of the council thereof. And such
requisition is not to be given to charge any municipal corporation, unless
there are strong special and public reasons for granting the same.
K. S. O. c. 217, SB. 8, 9.
1 No expenses of or for an adjournment of any fire inquest is charge-
able against or payable by the party or municipal authorities requesting
the investigation to be held, unless it is clearly shewn by the coroner,
and certified under his hand, why and for what purpose an adjournment
took place, or became necessary in his opinion. R. S. O. c. 217, ss. 7. 10.
2R. S. 0.0.217,8.7.
DUTIES OF CORONERS.
309
Sec. 3.— THE CORONER'S FI:ES FOR EXECUTirG CIVIL
PROCESS.
In Ontario, the same fees are to be taxed and
allowed to coroners for services rendered by them
in the execution and return of process in civil
suits as would be allowed to a sheriff for the same
service.^
As coroners would not be able to make out
their accounts of fees for executing civil process
without assistance from a solicitor or sheriff's
officer, no tariff' of such fees need be given here. It
will be found in Tariff C, Con. Rules.
Since coroners can act by deputy in the execu-
tion of civil process, it is reconnnended that they
should so act, taking care to appoint, by a warrant,^
a careful and prudent person with some knowledge
and experience in such business.
In Nova Scolia, the same fees as a sheriff is
entitled to, are allowed to coroners when discharg-
ing the duties of a sheriff.''
In New Brunswick, the following statutes will
be found relating to coroners summoning juries
for the supreme court and the county courts : —
C. S. (N. B.) 1877, c. 45, s. 12 ; 31 V. c. 26,
(N. B.) ; 45 V. c. 19, (N. B.).
1 Con. Rules 918, 1232. Consolidated Rules 1233 to 1237 inclusive
relating to mileage, fees and poundage and taxing sheriffs' costs, are
made to apply to coroners by Con. Rule 918, and Con. Rule 1232 pro-
vides that coroners shall be entitled to the same fees and allowances as
sheriffs in executing civil process. See Tariff C, Con. Rule 7.
^ See Form, No. 63J.
» R. S. N. S. 5th series, 1884, c. 128, schedule.
•SIO DUTIES OF COROX/:/tS.
Sec. 4.— the FEES OP THE ONTARIO MEDICAL WITNESS.'
Note. -See obaervations upon making; out and renderinf^ accounts
ill Chap. XII, sec. 14.
At*^.en(lance without a post inorteni each day." .*5 00
Attendance with a pont viarfem but without an an-
alysis. First day 10 00
Eacli day thereafter 5 00
Attendance with a ^^o-si mortem and an analysis,
First day 20 00
Each day thereafter ,5 00
Travel both to and from the inquest, per mile^ 20
Note. — If a second medical witness is called it
must be upon the written request of the majority
of the jury naming the medical witness desired.*
The second medical witness is entitled to the same
fees respectively for attendance and for a post
mortem as the first one.'^ All accounts must be
rendered in duplicate and under oath.
In Quebec, the fees of the medical witness are:**
For external examination $ 5 00
For internal examination 10 00
For every mile actually travelled 10
111 Nova Scotia, the medical witness is paid:
For attendance with or without & i^ost mortem S 5 00
For travellinc^ fees per mile 05
1 See R. S. O. c. 80, s. 10.
'•' The medical witness is only entitled to ^o for each day's attend-
ance, and not 85 for each body where there are several dead {In re
Ankiii ct Chartrix, 13 U. C. Q. H. 498.
•'• The mileage must be proved by the oath of the medical witness
administered by the coroner, who then makes an order on the treasurer
of the county (see Form No. 02) in favour of such medical practitioner for
the payment of his mileat^e and fees, and the treasurer must pay the
amount out of any funds he may then have in the county treasury. See
R. S. O. c. 80, s. io. But if the order is given for fees not warranted by
the statute, the courts will not grant a mandamus to compel payment of
such fees. See In re Askin tC- Chaitrh, 13 U. C. Q. B. 498.
^ R. S. O. 1887, c. 80, s. 9, and see ante. Chap. XII, sec. 9.
■' R. S. 0. 1887, c. 80, s. 10.
« R. S. Q. 1888, Art. 2G92. ' ^
DUTIES OF CORONERS. 311
But no charge will be allowed unless the medi-
cal witness is called by direction of the majority of
the jnry, and a certificate from the coroner, that
snch examination was required by a majority of
the jnry is produced.^
In New BninsivicJ:, the fees of the medical wit-
ness are :^
Attendance without post tnortem S? 4 00
Attendance with a post Tnortem 8 00
Travel per mile 05
These fees are paid by the county treasurer on
the order of the coroner but no payment for a post
mortem will be allowed unless it has been ordered
by the coroner or jurors.
When an inquest is held on the body of any
person dying in a public institution in New Bruns-
wick, the medical officer of such institution is not
entitled to any fee except for a jmst mortem and
attendance to give evidence thereon.^
In Prince Edward Island, the medical witness
is entitled to the following fees.* The fees are pay-
able by the Provincial Government upon a certifi-
cate from the coroner that the medical witness was
required by a majority of the jury :
Attendance at inquest including a post mortem, if
any made S5 00
Mileage per mile 05
» R. S. N. S. 5th aeries, 1881, c. 17, s. 5.
3 C. S. N. B. 1877, c. 63 and c. 119.
3 C. S. N. B. 1877,0.63,8. 4.
* 39 V. c. 17, 89. 3, 5, P. E. I.
812
DUTIES OF CORONERS.
In British Coliunhia, the medical witness is
paid the following fees :
Attending at iiKjuest without a 2>o8^ moWe7)i % 5 00
Attending in(|uest with a 2'^o.st morteni 10 00
Mileage each way to and from inijuest per mile.' .... 20
In Manitoba, witnesses at coroners' inquests
are seldom paid. li a medical witness is paid at
all he is allowed $4.00 a day.
In Newfoundland, the medical witness is al-
lowed the following fees •}
Fee to one medical witness .^5 00
Every nece.ssary post mortcmi 5 00
And any further reasonable and necessary
expenses actually incurred in special cases.
m
|i»i:
Sec 5.- -the CH::MIST'S FEES IN ONTARIO.
In Ontario, a professor of chemistry for making
an anlaysis when requested to do so by the
Attorney-General is paid a fee of fifty dollars.^
In Quebec, for chemical analysis comprising
every analysis made on one body or any part or
parts of the same body a fee not exceeding for one
inquest, |520.00.
Whenever in Quebec a chemical analysis is
deemed necessary by the jury and coroner, the
coroner reports to the Attorney-General, who selects
' The mileage must be proved by the statutorj' declaration of the
medical witness taken by the coroner, who must certify to the correctness
of the amount claimed. li. S. B. C. 1888, c. 24, s. 11.
■= 52 V. c. 25, N. F.
3 See remarks on this subject at p. 2C4.
DUTIES OF CO HON Kits.
.'U.S
the physician by whom such analysis is to be made,
and if such inciuest and analysis have been specially
difficnlt the ,\ttorney-General may allow a greater
fee than 1^20.00.^
Sue. 6.— THE JUUORS AND WITNlISSES IN ONTARIO.
There is no provision in Ontario for paying?
either jurymen or witnesses at inquests, and con-
sequently they are not entitled to any remuneration.
The Act under which crown witnesses are paid does
not apply to coroners' courts.
In Nova Scotia, for jury fees the sum of $2.50 is
allowed and is paid by the coroner out of his fee of
$10.00.2
In New BninHwicli, each juror is entitled to 50c.
per each day's attendance.'^
In Prince Edward Island, the following fees are
payable to the jurors:*
To the foreman of the jury 8 50
To each of the other jui'ors .*. 40
To each witness 25
Mileage to jurors and witnesses when the distance is
five miles or over, for each mile actually
travelled and necessitatedby each attendance... 05
In Manitoba, the government seldom pay jurors
or witnesses at coroners' inquests. In special cases
J R. S. Q. 1888, Art. 2G92.
- R. S. N. S. 5th series, 1884, c. 128, scliedule.
3 C. S. N. B. 1877, c. ll'J.
* 39 V. c. 17, 8. 5, P. E. I. The fees are chargeable to the Provincial
Government.
!! ;;
314 DUTIES OF VUHoyKltS.
they pay witnesses at the rate allowed in criminal
cases, vi/:^
Ksich (lay nttendint^ iiKiuest 8 75
Mileage one way per mile 10
In Ne/vfoundland, witnesses are allowed for
each day's attendance besides expenses, 750.
Sec 7.— THE CONST ABLFS' FEES IN ONTARIO."
(See observations >ipon miikin;^ out ami reiulerin}^ accounta in Chap.
XII, Hvc. 14.)
Attondinj^ on tlie inquest the tirat day, includin^jf
summoning jury and witnesses, it" done on the
same day, but n( t including mileage $2 00
Attending incjuest each day otlitv than the fii'st, if
not engaged over four hours 1 00
Attending in([uest each day other than the first, if
eni;a(red nwre than four hours 1 50
Serving sunnnons or sultpania to attend before cor-
oner if in(|uest not held the same day as ser-
vice 25
Mileage serving same, one way 10
Exhuming body uncier coroner's warrant 2 00
Arrest of each individual upon a warrant 1 50
Mileage to serve warrant" and to take prisoners to
gaol or attend assizes or sessions 10
1 ."iS-SG V. c. 29, 8. f.71, Dom.
-ConstableB' accouiils for services on iiKjuests should be rendered
separate from their other claims, and must be in duplicate with oath of
correctness attached See Form, No. 70). Assistant constables must
render their own accounts, certified by the coroner as correct, and that
assistance was necessary (See Form, No. 73). If tlie inquest is adjourned,
in addition to the f<e for each other day, the constable is allowed
for serving witnesses served after the first day, together with mileage.
■' If no service ef'ected, mileage is still allowed on proof of due
diligence in trying to affect service. No extra charge can be made for a
conveyance, unless ore is necessary to convey the prisoner.
DUTIES OF CORONERS. 315
Attending assizes or sessions each day $1 50
Taking prisoners to gaol, exclusive of disburse-
ments necessarily expended on their conveyance
per mile 10
Burying the body 2 00
All other special services a reasonable amount.
In Quebec, the constable's fees are :
Summoning each witness ?0 30
Summoning the jury 1 00
In Novd Scotia, the constable is allowed a fee of
50c. and is paid by the coroner out of his fee
of ^10.00.^
In New Brunsivkh, the constable's fees are :^
Summoning jury SI 00
Attending in([uest oO
Serving each order, subpcvna or permissive war-
rant 20
Attending at burial if recjuired 50
Mileage to serve any order, subpama or warrant
going and returning per mile 05
In Prince Edward Ida?id, the constable is
allowed for his services at the inquest, $1.00.^
In Manitoba, constables at coroners' inquests
are paid for their services according to the tariff-
of fees established by section 7 of chapter 45 of 52
V. (D.) viz.:
Arrest of each individual under warrant SI 50
Serving summons on juror or witness 25
■' R. S. N. S. 5th series, 1884, c. 128, schedule.
-C. S. N. B. 1877, c. 119.
^39 V. c. 17, s. 5, P. E. I. This charge is payable by the Provincial
Government.
;^16 DUTIES OF CORONERS.
Mileaf(c to serve suimnona or warnuit por inilo (one
way) necessarily travelled SO 10
Attending in(iueHt each day il" not more than 4
hours 1 00
If more than 4 hours 1 50
In Newfoundland, the constable's fees are '}
Servini;- summons or sul)p(i'na 25
JCxecuting every warrant to arrest 50
Mileage, every mile beyond the two miles 10
' 52 V. c. 26.
DUTIES OF CORONERS.
ni7
CHAPTER XV.
THE GENEHAT. ORDER OF PROCEEDINGS AT INQUESTS.'
Bec. l.-PROGRAMME AT INQUESTS SUPER VISUM COR.
roRlS 817
Bec. 2.— PKOGllAMME AT EIRE INQUESTS 389
Sec. l.--PROGRA:srME AT INQUESTS SUPER VISUM
CORPORIS.
For the convenience of coroners while hohling
in'uesfcs, the ordinary proceedings are stated in
thi chapter concisely, and as nearly in consecutive
order as possible. By keeping thd chapter open
a coroner need not be at any loss to know what
next to do, and as he proceeds he will find tlie
common forms to be used, before him as they are
required.
On being- notified of a death requiring investi-
gation, and that the body is fort »coming, procure
the following information on oath : —
INFORMATION TO HOLD INQUEST.
Form No. 10.
Canada, \
Province of Ontario, I
County of Simcoe,
To Wit :
I, A. B., of the
of
in the County of
Simcoe,
make oath and say :
1 As this cliapter cannot be repeated for each province of the Domi-
nion and for Newfoundland, when it is used outside of the Province of
Ontario, it must be read bearing in mind the differences in the statute law
noted in the previous chapters.
w
318
DUTIES OF CORONERS.
1. That the body of a 7)ian (or wonnan or male or
female child, as the case Tiiay he) now lies dead at the
of in the County of
2. That the tiaid body is the body of
(or if unknown say, is the body of a man c:' woman or
male or female child, as the case may he), to me this
deponent unknown.
3. That I have reason to believe the said deceased
person came to his (or her) death from viobnt (or unfair)
means (or by culpable or neglifrent conduct of himself or
others) under such circumstances as require investiga-
tion and not through mere accident or mischance, (or was
a prisoner or lunatic confined in a penetentiary, gaol, house
of corre' ^n, lock-up house, or house of industry, or
private i ic asyluir).
4. And my reasons for so believing are, (here state
any reasons deponent has to give for his belief.)
Sworn before me at the '
of in the County
of this day of
, A. D, 18 .
C. D. A. B.
Coroner, Count}' of
Then the coroner if he is satisfied it is a proper
case for an inquest must make the following
declaration in writing under oath, before a Justice
of the Peace, or a connnissioner for taking affi-
davits in the High Court, or a Notary Public : —
DECLARATION OR OATH OF CORONER BEFORE ISSUING
HIS WARRANT FOR SUMMONING THE JURY,
(Form No. 14.)
Canada \ 1, C. D. of the of in the
Province of Ontario count}' of and province of ,
County of Simcoe T one of tlie coroners for the said
To Wit : I county of declare under oath :
DUTIES OF CORONFAIS.
319
CD.
Coroner, County of
That from iuforniatiou received by nio, I am of opinion
that there i.s reason for belie vini^^ that R. F. (or a man or
woman, or male or female child unknown) now Ij'ing dead
at did not come to Jii death from natural causes,
or from mere accident or miscnance, but that lie came to
his death from violence or unfair mej ns, or culpable or
negligent conduct of others, under circumstances re(juiring
investigation by a coroner's intjuest, so help me God.
Declared and sworn
before me at the
of in the county of
this daj' of
A.D. 18
E. F.
J.P. (or Comr. etc. or
Notarj^ Public,) Count}'
of .
This oath is to be retained by the corc'er and
returned by him, with the infi)rmation on which
it is taken, and filed with the inquisition. It need
not be taken when the inquest is held upon the
written request of the crown attorney, or if the in-
quest is held in the districts of Muskoka, Parry
Sound, Eainy liiver and Nipissing, upon the writ-
ten request of a stipendiary magistrate, or when
held on the body of a prisoner and notice of the
death is received from the warden, gaoler, keeper
or superintendent of the peneteiitiary, gaol, prison
house of correction, lock-up house, or house of
industry, in which the prisoner dies.^
After taking the oath the coroner issues a pre-
cept or warrant to the constables of the place
where the body lies to sunnnon a jury as follows:
1 K. S. O. c 80, 89. :3, 4
•^20 DUTIES OF COROyERS.
WARRANT TO SUMMON JURY.
Form No. 16.
Canada
Province of Ontario
County of Simcoe
To Wit :
To the constables of the of in the county
of and all other Her Majesty's officers of the peace in
and for the said county.
By virtue of my "office, these are in Her Majesty's name
to charge and conmiand you, that on sight hereof you sum-
mon and warn fifteen^ good and lawful men of your Town-
ship personally to be and appear before me on the
day of instant, at of the clock, in the noon pre-
cisely, at the house of called or known by the sign of
the in the said toivnshij) of in the said county of
then and there to do and execute all such things as shall
be given them in charge on behalf of our Sovereign Lady
the Queen, touching the death of R. F. and for your so
doing this is your warrant. And that you also attend at
the time and place above mentioned, to make a return of
those you shall so sunnnon and further to do and execute
such other matters as shall be then and there enjoined you.
And have you then and there this warrant. Given under
my hand and seal this day of one thousand eight
hundred and
CD.
[seal] Coroner, county of
A sufficient nmiber of blank summonses must
be given the constable for service of one upon each
juror.
If the jury is to be summoned by the gaoler
use form No. 17 in Appendix.
' Any number in Ontario not lest than twelve can he summoned.
DUTIES OF COROyERS.
321
FORM OF SUMMONS TO JURYMAN.
Canada
Province of Ontario
County of Simcoe
To Wit.
To R. M. of the townsliip of in tlie county of
carpenter. By virtue of a warrant under the hand and
seal of C. D.. gentleman, one of Her Majesty's coroners for
this county, you are hereby sunnnoned personally to be
and appear before him as a juryman on the day of
inntant, at of the clock in the noon pre-
cisely at the house of called or known by the sign of
the in the township of in the said county of
then and there to inijuire on Her Majesty's behalf, touch-
ing the death of R F. and further to do and execute such
other matters as shall be then and there enjoined you and
not depart without leave. Hereof fail not at your peril.
Dated the day of
and
one thousand eight hundred
H. S.
Constable of the said county of
To Mr. E. B. of the Toivnship]
of in the county of f
carpenter. J
The constable after serving the jury makes a
return on the back of the warrant as follows : —
RETURN OF CONSTABLE TO WARRANT TO SERVE JURY.
Form No. 19.
The execution of this warrant appears by the schedule
thereto annexed.
H. S..
- - Constable,
Dated the -18
- And to the warrant the constable annexes the
following schedule :
B.C.— 21
Jit
ill
J I ^:
III:
m m
f
822 DUTIES OF COJWXJCJiS.
HCHEDULE OF JURYMEN SERVED.
Form No. 19.
Schedule of jurymen personally served by the under-
signed constable under the annexed warrant of C. 1).
coroner for the county of
Name of party Occupation,
served. '■
Date of
service.
Where
served.
1. Thomas Ames, carpenter AlaylstLS
J
2. James Bowman
shoemaker
8. Peter McLean oentlenuui
May 2nd bS
l\Iay 2nd LS
At his home
in Barrie.
On lot
township of
Oil town line
between Ves-
pia & Barrie.
If the body has been buried without any in-
quest having been held thereon, a warrant to the
proper authorities having charge of the place of
burial, must be issued in the form No. . Upon
the proper day, and at the hour and place, the
coroner attends for the purpose of holding the in-
quest, and having received tlie constable's return
of the warrant with schedule of services, he directs
the constable to open the court, which he does by
proclaiming as follows :
PROCLAMATION AT OPENING COURT BEFORE CALLING
JURY.
Form No. 21.
Oyez ! Oyez ! Oye/ ! you got)d men of this county sum-
moned to appear here this day, to in(|uire for our Sovereign
Lady tlie Queen, when, how and by what means R. F. came
to liin death, answer to your names as you shall be called,
every man at the first call, upon the pain and peril that
shall fall thereon.
J
DfTlKS OF VOIIOXKRS. 323
This proclamation can be repeated by the con-
stable if known by heart, or he can read it, or the
coroner can read it, and the constable repeat it
after him.
The coroner then reads over the names of the
jnrynien, one by one, the constable calling after
him, each name three times, unless the juryman
sooner appears, and the coroner marks the names
of such as appear on the list.
If any jurors make default and do not- appear,
the following proclamation should be made by the
constable after all the names are called over: —
PROCLAMATION FOR DEFAULT OF JURORS.
Form No.' 22.
Oyez ! Oyez ! Oyez ! You good men who have been
already severally called, and have made default, answer to
your names and save your peril.
The defaulters' names are then to be called
again three times, and those who still make default
can be lined as stated at p. 217. For the certifi-
cate of line of juror or witness, see Form No. 28.
If sufficient jurors attend (that is twelve at least
in Ontario) it is uiuisual to line the others who do
not obey the summons, and if there are not twelve
jurors in attendance at the opening of the inquest,
other good and lawful men then present or near at
hand, and belonging to the county where the body
is found, may be summoned or called to make up
the number. But if once the jury is complete and
sworn no change can then be made in the mem-
bers, either by adding to or subtracting from the
number.
324
DUTIES OF CORONERS.
When the jurors have come forward, the coro-
ner, brings them in view of the hody^ and requests
them to choose their foreman. When this is done,
the coroner addresses the jury as follows : —
ADDRESS TO JURY BEFORE SWEARING FOREMAN.
Form No. 24.
Gentlemen, hearken to your foreman's oath ; for the
oath he is to take on his part is the oath you are severally
to observe and keep on your part.
The foreman must then take the Bible and be
sworn first as follows: —
FOREMAN'S OATH.
Form No. 25.
You sliall diligently incjuire and true pre.sentment
make of all such matters and things as shall be here given
you in charge, on behalf of our Sovereign Lady the Queen,
touching the death of R. F. [or, of a person unknown, as
the case may be] here lying dead ; you shall present no man
for hatied, malice or ill-will ; nor spare any through fear,
favour or affection ; but a true verdict give, according to
the evidence, and the best of your skill and knowledge. So
help you God.
The other jurors are then sworn, three or four
at a time, in their order on the list or panel, the
body still being before them.
OATH OF JURYMEN.
Form Iso. 26.
The same oath which J. D., your foreman, upon this in-
quest, hath now taken before you on his part, you and each
of you are severally, well and truly to observe and keep on
your parts. So help you God.
1 R. V. Ferrand. .S B. & Aid. 260 : but see also lieg. v. Ingham, 5 B. <&
S. 257.
DUTIES OF COROyERS.
325
This oath is repeated with each set of three or
four jurymen until all are sworn.
If the foreman, or any of the jurymen, swear
with the uplifted hand instead of the hand on the
Bible, add to the oath immediately before the last
four words (So help you God) the following : —
" And this you do swear in the presence of the ever-
living God, and as you shall answer to God at the great
judgment day. So help you God."
Or if the foreman or any juryman claims the
right to affirm or declare, see the forms and direc-
tions on p. 222.
When the foreman and jurymen are all sworn
the coroner takes down in his minutes the names in
full of the foreman and jurors and proceeds to call
them over one by one, first saying : — " Gentlemen
of the jury, you will answer to your names and say
'sworn' if you are sworn."
The coroner now charges the jury, informing
them of the purpose of the meeting : —
CORONER'S CHARGE TO JURY AFTER THEY ARE SWORN.
Form No. 27.
Gentlemen, you are sworn to consider, on behalf of the
Queen, how and by what means R. F. came to his death.
Your first duty is to take a view of the body of the deceased,
wherein you will be careful to observe if there be any and
what marks of violence thereon ; from which and a proper
examination of the witnesses, intended to be produced
before you, you will endeavour to discover the cause of his
death, so as to be able to return a true and just verdict on
this occasion.
This charge can be enlarged upon or varied as
the occasion may require.
326 DUTIKS OF CORQXKRS.
The coroner and jury, all being present to<,^ether
at one and the same tune, now formally view the
body, the coroner making in an audible voice so as
to be heard by all the jurymen such observations as
may occur to him as being of use to them in
noticing, for instance, the place where the body
was found, the position of the body, the wounds,
marks and spots upon the body, the marks and
spots upon the clothing, the surrounding objects,
etc.^ If the view is not where the body was found,
and, it is thought necessary, a view of the actual
place and surroundings where the body was found
may be taken by the coroner and jury, still all
being together at one and the same time, but this
should be after viewing the bod}' itself.
The body having been viewed it may be
removed if necessary or proper, to some convenient
place ; or the coroner and jury may themselves go
to another place, and there proceed with the in-
quiry ; they need not sit in the same room with
the body, nor at the place where it was found.
After the view the coroner first calls over the
names of the jurymen to see they are all present,
and having ascertained they are satisfied with the
view, he then adds to hia former charge any obser-
vations suggested by vievdng the body, and iufortos
them briefly of the object of their inquiry, viz.,
the cause of death, adding : —
1 See pp. 231 to 242.
DUTIES OF conoNEns.
327
CORONERS CHARGE AFTER VIEW OF THE BODY.
Form No. 28.
I shall now proceeil to hear an.l take (h^wn the evi-
dence respecting the fact, to which I must crave 3'our
pai'ticuhir attention.
The constable then c;ills silence and repeats
after the coroner the following proclamation for
the attendance of witnesses : —
PROCLAMATION FOR THE ATTENDANCE OF WITNESSES.
Form No. 30.
If any one can give evidence on behalf of our Sovereign
Lady the Queen, when, how and by wliat means R. F.
came to his death, let him come forth and he shall be
heard.
If the inquiry is to be conducted privately, the
room must be cleared, and the witnesses called in
one by one.^
For forms of summons to a witness, (No. 29) —
Summons for the attendance of a medical witness,
(No. 33) — Warrant against a witnessfor contempt of
sunnnons, (No. 31) — See the above numbers in the
Appendix of forms.
When a witness is called and comes forward to
give evidence the coroner takes down his names in
full, place of abode and occupation, and then
swears him in the following words.
ORDINARY OATH OF W'lTNESS.
Form No. 36.
The evidence which you shall give to this inquest on
behalf of our Sovereign Lady the Queen, touching the
death of R. F.. shall be the truth, the whole truth, and
nothing but the truth. So help you God.
' See pp. 207, 208.
Hn
328 DUTIES OF CORONK/tS.
If the witness does not speak En<,dish an inter-
preter must be lirst sworn as follows : —
OATH OF INTERPRETER.
Form No. 37.
You hIuiU well and truly interprot unto the several
witnesses here produced on the belialf of our Sovereign
Lady the Queen, touching the death of R. F. ; the oath
that shall be administered unto them, and also the
(questions and demands which shall be made to the wit-
nesses by the court or the jury, concerning the matters of
this in(|uiry : and you shall well and truly interpret the
answeis which the witnesses shall thereunto give, according
to the oest of your skill and ability. So help you God.
The witness is then sworn on the New Testa-
ment through the medium of the interpreter, using
the form of oath given above — No. 36, — unless
that is not the form most binding upon his con-
science. A Jew is to be sworn upon the Penta-
teuch. A Turk upon the Koran, etc. A China-
man considers a peculiar form and ceremony most
binding on his conscience. For the forms in such
cases see Appendix of forms, No. 36, and for further
observations on the subject see pages 221, 222.
If a witness objects to take an oath, or is
objected to as incompetent to take an oath, such
person may make the following alKrmation : —
AFFIRMATION OF WITNESS.
Form No. 36.
I solemnly affirm that the evidence to be given by me
shall be the truth, the whole truth and notliing but the
truth. 1
1 The Canada Evidence Act, 1893, s 23.
ni'TiKs OF co/toxKns.
32! >
If the witness swears with the uplifted hiiiul
instead of upon the Bible this oath must be given
him : —
OATH OF WITNESS WHO SWEARS WITH UPLIFTED
HAND.
Form No. 36.
The evidence which you shall give to this ituiuost on
behalf of our Sovereign Lady the Queen, touching the
death of R.F. shall be the truth, the whole truth and nothing
but the truth, and this you do swear in the presence of the
ever living (Jod, and as you shall answer to God at the
great judgn>ent day. So help you God.
The evidence of a child of tender vears who,
in the opinion of the coroner, does not understand
the nature of an oath, may be received, though not
given upon oath, if the coroner is of the opinion
such child is possessed of sufficient intelligence to
justify the reception of the evidence and under-
stands the duty of speaking the truth, but such
evidence must be corroborated by some other
material evidence.^
The question of competency of a witness is
one to be decided solely by the coroner on a pre-
liminary examination called "on the voir dire.'''
Various persons are not competent to be witnesses
as will be seen on reference to p. 188. If any ques-
tion arises as to a witness being one of these per-
sons, the coroner, before he is sworn as a witness,
must examine him on the voir dire, first causing
him to take this oath : —
' The Canada Evidence Anit. 180;}, s. 2").
330 ItUTlKS OF CO/lOXKllS.
OATH TO BK ADMIN IRTEUEl) ON THE VOIfi DIRK.
Form No. 35.
You shall true answer make to all such <|Ut'sti()ns as
the court shall demand of you. So help you God.
The coroner then questions the purty in such
a nuinner as may brin^ out the state of liis intelli-
gence, religious belief, etc., and if on the result the
coroner is satisfied he is a competent witness to be
sworn i>i the usual way and he is not objected
to as incompetent to take an oath, he must tender
him the ordinary oath of a witness, (Form No. 86) but
if he is found to be incompetent to take that oath,
or is objected to as incompetent to take an oath,
and is not an idiot or a lunatic, he should be
tendered the statutory affirmation for persons who
object to take an oath, or who are objected to as
incompetent to take an oath, (Form No. 30),^ or if
the objection to the witness is on account of tender
years, and. the coroner is of opinion such child does
not understand the nature of an oath, he can
receive the evidence, but not under oath, if he
considers the child is possessed of sufficient intelli-
gence to justify the reception of the evidence and
understands the duty of speaking the truth ; yet no
case as above stated can be decided upon the
evidence of such child alone, but such evidence
must be corroborated by some other material
evidence.^
'I'he evidence of the witnesses should be taken
down in wTiting fully and as nearly as may be
' See The Canada Evidence Act, 1893, s. 23.
- The Canada Evidence Act, 1893, s. 25.
/i('T//:s OF canosiiRs.
331
in the actual words of euch witnosB, using the first
person.
The evidence should be entitled thus : —
INFORMATION OF WITNESSES.
Form No. 40.
Canada, \
Province of (hifnrioj
County (jf Siiiii'oe, |
To Wit )
Information of witnas.ses severally taken and acknow-
ledj^ed on behalf of our Sovereign Lady the Queen, touch -
inf^ the death of R. F. at the dwdliiu; house of J. Ji.,
known by the mime or alrjn of in the of
in the County of on the day
of in the year of o'u- Lord, one thou.sand ei<^ht
hundred and , before me, 0. 1)., Escjuire, one of,
Her Majestj^'ii coroners for the said County, on an inqui-
sition then and there taken on view of the body of the said
R. F., then and there lying dead, as follows, to wit : —
E. F., of the of in the County of
yeoraan, being sworn, saith, &c.
The witness, who signs his evidence to the right
hand, should, before he signs, be asked if that
is the whole evidence he can give, and any
additions or corrections he mentions should be
noted; and also the jurors are usually asked ,^f t^ ey
have any questions they would like to have put to
the witness, then if any further material evidence is
given, it should be added to the deposition.
At the end of each separate information the
coroner adds the following certificate to the left
hand side : —
332 DUTIES OF CORONERS.
CORONER'S CERTIFICATE TO EACH INFORMATION.
Form No. 41.
Taken upon oath and acknow-
ledged this day of ,
in the year of our Lord one thous-
and eight hundred and , )• ^ j^
before me.
a D.,
Coroner.
I
The evidence taken down must be read over to
the witness, and he should be desired to sign it,
and if he refuses to do so it is a contempt for
which he may be committed, (see p. 223 and form
No. 39) but his signature is not absolutely neces-
sary.
If a witness attends, but refuses to give evi-
dence it is also a contempt for which he may
be committed, (see p. 220, and form No. 38) and if
a witness does not appear, after being properly
summoned, when called, he may be lined and
committed. (See p. 220, and forms Nos. 31 and 38).
If a medical witness is required, a summons
according to form No. 33 should be issued, and see
pp. 249, 250.
All the evidence offered, whether for or against
the accused, must be received, and the party
accused, if present, nnist be allowed full oppor-
tunity of cross-examination of the witnesses. (See
p. 22]).
If it is necessary to adjourn the inquest, (see p.
244) the jurors must be bound by recognizance
to attend at the time and place appointed, (see
DUTIES OF COROXERS.
333
form No. 43) and the witnesses notified when and
where the inquest will be continued.^
The coroner then dismisses the jurors thus : —
CORONER'S ADDRESS ON ADJOURNMENT.
Form No. 44.
" Gentlemen, the court doth dismiss you for this time ;
but requires you severally to appear here again {or at the
adjourned ■place) on the day of ,
instant, at of the clock in the forenoon precisely,
upon pain of $100.00 a man, on the condition contained in
your recognizance entered into."
The adjournment of the court is done by the
constable proclaiming : —
PROCLAMATION ON ADJOURNMENT.
Form No. 45.
" Oyez ! oyez ! oyez ! All manner of persons who have
anything more to do at this court before the Queen's
coroner for this County, may depart aence at this time,
and give their attendance here again {or at the adjourned
place) on next, being the day of
instant, at of the C- ck in the forenoon precisely.
God save the Queen.
The coroner should make an entry of the recog-
nizance having been taken and of the time and
place of adjournment. In settlii.'g the time, con-
sider what the adjournment is for. If for a j^od
mortem, two or three days will likely be sufficient.
If for a chemical analysis, a clear week or ten days
should be given the chemist.
A warrant may now, in the discretion of the
coroner, be granted for burying the body, unless it
' When the death has oocuirad in Nova Scotia from an accident ax a
mine, see remarks on p. 248.
334 DUTIES OF CORONER.\
is required for a post mortem or it has to be
delivered to the Inspector of Anatomy. (See
p. 245, and forms Nos. 46, 47).
When the jury again meet at the adjourned
time and phice, the formaUties of opening the
court must be gone through as at the connnence-
ment of the inquest, whether any business is done
or not. And if a further adjournment is required,
it must be done with the same formaHties as the
tirst one. The court can only be kept alive by a
formal opening after each adjournment. (See
remarks on p. 244).
The constable makes proclamation, the jurors'
names are called over, and if the inquest is to go
on, the coroner recapitulates the state of the in-
quiry, and proceeds with the examination of the
witnesses.
After the evidence is all taken the coroner
sums up the evidence to the jury, and directs them
to consider of their verdict. No precise charge is
necessary, but the law applicable to the facts of
each case should be explained to them.
If they wish to consider their verdict they
nnist do so by themselves. The constable is
sworn to take charge of them as follows : —
OATH OF OFFICER IN CHARGE OF JURY.
Form No 50.
You shall well and truly keep the jury upon this
inquiry and shall not suffer any person to speak to them,
nor shall you speak to them yourself, unless it be to ask
them if they have agreed upon their verdict, until they
shall be agreed. So help you God. (See note 2 p. 215).
DUTIES OF CORONERS.
335
The coroner then withdraws, or if more con-
venient the constable can take the jury to another
room, and he attends at the outside of the door
imtil they are agreed.
When the jury have agreed, they return, or the
coroner is called in, and the names of the jurors
are called over, and if all are present, the coroner
asks them if they have agreed upon their verdict.
If they are unanimous the verdict is delivered by
the foreman, but if not, the coroner collects their
voices, beginning at the bottom of the panel, and
according to the opinion of the majority, provided
in Ontario, twelve at least agree, the verdict is
taken. If twelve do not agree, no verdict can be
taken. In such a case the coroner should offer
such further remarks to the jury as he may con-
sider likely to aid them in coming to an agreement,
and then asks them to retire and again consider
their verdict, and when it becomes hopeless to
expect them to agree, they should be adjourned to
the next assizes for the county, when they may
have the benefit of the opinion and direction of
the judge. (See p. 214.)
When twelve agree upon a verdict, the coroner
records it on his minutes and draws up the inquisi-
tion in form and at the foot affixes a seal for him-
self and one for each of the jurymen. The coroner
and the jury then sign their names in full opposite
the respective seals and the coroner adds to his,
the office thus : —
CD. Coroner, count}' of
336 DUTIES OF CORONERS.
The formal inquisition can be copied or adapted
from one of the forms in the Appendix. (See forms,
No. 76 to 118).
The inquisition being thus completed, the cor-
oner requests the jury to hearken to their verdict
as recorded thus : —
CORONER'S ADDRESS TO THE JURY AFTER RECORDING
THE VERDICT.
Form No. 51.
Gentlemen hearken to your verdict as delivered by you,
and as I have recorded it. You find etc., (here repeat the
substance of the verdict and then add.) So say you all.
If the verdict charges any one with guilt in
connection with the death, and he is present he
should be asked if he wishes to make any state-
ment, and if he does the evidence should be first
read over to him and then he should be cautioned
in the following manner : —
CAUTION TO ACCUSED.
Form No. 52.
Having heard the evidence, do you wish to say any-
thing in answer to the charge ? You are not bound to say
anything, but whatever you do say will be taken down in
writing, and may be given in evidence against you at your
trial. You nuist clearly understand that you have nothing
to hope from any promise of favour, and nothing to fear
from any threat, which may have been held out to you to
induce you to make any admission or confession of guilt,
but whatever you now say may be given in evidence
against you upon your trial notwithstanding such promise
or threat.*
1,55-56 V. c. 29, s. 5!)l, Dom. This section of the Criminal Code does
not appear to be applicable to coroners' inquests, but the forin of caution
to the accused includes all that was necessary under the old form, and
the additions thereto now made by the Code can offer no objection to its
use.
DUTIhU'i OF COROXERS.
33T
The coroner then takes down in writin«^ any
statement the accused makes m the form No. 52.
of the Appendix, but he is not to be sworn. The
statement should be read over to him, and he
should be got to sign it, if he will do so, at the end.
The coroner dates and signs it as shown in the
form No. 52.
If the accused is not already in custody a
warrant should be issued to apprehend him and
commit him to prison. (See form No. 58 and 54),
or if he be already in prison a detainer nuist be
issued to the gaoler (See form No. 55), but if the
accusation is one of manslaughter or murder, the
coroner by warrant (see form No. 56) under his
I'and, must direct the accused to be taken into
custody and be conveyed with all convenient speed
before a magistrate ; or in a proper case the
coroner may direct the accused to enter into a
recognizance before him with or without a surety
or sureties, to appear before a magistrate. x\nd
the coroner must transmit to the magistrate the
depositions taken before him in the matter.^
The coroner then makes out his warrant to^
bury the body, if not already done (see form No..
46), and the body is not one which has .o be
handed over to the inspector of anatomy.
If it is a case that will come to trial, and is not
one of manslaughter or murder, which as stated
above nnist be sent before a magistrate, the wit-
nesses must be bound over to appear at the trial
(see form No. 50, and note 1), and the prosecutor
' 53-5(; V. c. 2y, s. 568, Doiti.
n.o.— 22
11! '
338 DUTIES OF CORONERS,
ri I '■
to appear and prosecute, (see form No. 58.) If a
witness refuses to enter into a recognizance to
appear and give evidence at the trial he must be
connnitted to gaol. (See form No. 60.)
In taking any recognizance — for instance of
jurors upon an adjournment — of a prosecutor to
prosecute — of witnesses to give evidence — the prac-
tice is to address the parties, mentioning their
names thus : —
You J. T., C. F. and R. D. etc., do severally acknoAvledge
to owe to our Sovereign Lady the Queen, etc., {following
the wording of the (ippropriate form in the appendix.)
The formal recognizance is afterwards entered
up by the coroner on his minutes as given in the
forms, and this need not be signed by the conusois,
or parties, but only by the coroner.
If a married woman or a person under twenty-
one years of age, or an apprentice, is to be hound
over to give evidence, etc., see instructions in note
(1) to form No. 59, Appendix.
After the recognizances, if any are required,
are all taken, the jurors are discharged by the
constable making the following :
PROCLAMATION AT THE CLOSE OF INQUEST.
Form No. 61.
Oj^ez! Oyez! Oyez! You good men of this town-
ship who have been impanelled and swoin of the jury to
inquire for our Sovereign Lady tlie Queen, touching the
death of R. F. and who have returned your verdict, maj'
now depart hence and take your ease. God save the
Queen.
DUTIES OF VonOXEKS.
339
Instructions regarding the coroner's returns,
defraying expenses, fees of coroners, fees of medical
witness, fees of constable, etc. can be found by
reference to the table of contents at the beginning
of this work or to the index at the end of it.
The coroner should be present at any trial
arising out of an inquest held by him.
Sec. 2— programme AT FIRE-INQUKST.
The general order of proceedings at a fire-in*
quest being very much the same as in inquests
super visum corporis, it will not be necessary to
draw up a separate programme under this section.
Coroners can follow the order laid down in sec-
tion 1, using the same forms, only with such obvious
alterations as the different nature of the incjuiry
will suggest. And they must remember that it is
not their duty to institute inquiry into the cause
or origin of all lires, but only of those where there
is reason to believe they were the result of culpable
or negligent conduct or design, or occurred under
such circumstances as, in the interests of justice,
and for the due protection of property, require
investigation.*
As in all cases in Ontario the expenses of and
attending fire inquests are to be borne by the party
requiring them,^ the coroner nuist see that he
gets a proper requisition according to form No. 115
iR. S. O. c. 217, 8. 1.
2R. s. o. c. 217, 8. 8.
\\\]\ \W) hlTIES 01'' VQROXKItS.
before holding a lire inquest. If a municipality
desires the investigation it must be required by an
instrument in writing under the hands and seals of
the mayor or other head officer of the corporation,
i' and of at least two other members of the council
I
s thereof.^ The statute does not say the requisition
nmst have the seal of the corporation attached,
but as a matter of prudence coroners are advised
to require a by-law of the council orderint; the
inquiry, and authorizing the head officer of the
corporation to attach the conmion seal to the re-
.quisition and also authorizing him and two other
members of the council to sign it.
In these lire inquests a jury may be impanelled
or not iu'-the discretion of the coroner, unless one
is required in writing by an insurance agent, or
any three householders in the vicinity of the lire,
when the coroner must proceed with a jury. The
jurors are to be chosen from the householders
resident in the vicinity of the lire.^
The form of inquisition in a lire inquest will be
found in thefAppendix. (No. 119).
The coroners' duties and powers in these inves-
tigations as to taking down the evidence, etc., are
the same as in other inquests.^ A juror however
who makes default^'in attending a fire inquest
should not be lined^over |>4.00 (see form. No. 23),
And when an adjournment of the inquest is re-
quired, it must be clearly shown by the coroner^
IK. S. C. c. 217, s. 9.
.*R. S. O. c. 217, s. 3.
"R. S. O. c. 217, SH. 4, o, 6.
DUTIES Of COHUML-RM. g^,
and certified under liis han.l (see n '>,; ,
anc for what purpose a„ acliouineut'tool^,"'^
or became necessary/ otlrerwLe no e pe ^ ^7'
adjonniment can be cfiar^ed. "'"
Oninrint ^' ": '"'-f.' ^' ^'^■^' P™^i"cial coroners in
ti^ pio :: of'' « "'"" '"' °^^^ "'" '^'•'"•'•»- f-
'R-S.O.c. 217,8. 10.
s^
APPENDIX TO FORMS.
J
ArrKNDix.
FORMS.
Any form required can be readilij found b\i uHcertaininn itn numlx-r on the
follotvimj lint}
No. I'AIIE.
1. Coroners' commission 347
2. Oatli of alletjiance 348
3. Oath of allej^iance in British Columbiii 349
4. Oatli of office 349
5. Oath of office in British Cohirnhia 349
6. Indictment for not takin<5 an inquest 3;)0
7. Writ </fl Coronatore exonerandu 3.51
8. Sheriff's return thereon 351
y. Certilkate of justices in New Brunswick that inquest not
necessary , 351
10. Information of party notifying coroner of tlie death 352
11. Notice to coroner of deatli of prisoner 353
12. Certicate of death of a lunatic in a private asyhim 354
13. Certificate to be annexed or endorsed thereon 354
14. Declaration of coroner before issuing warrant for jury 355
15. Declaration of coroner before issuiu^^ warrant for jury in New
Brunswick 35(>
10. Warrant to constable to summon jury 35ti
17. Warrant to gaoler to summon jury 357
18. Summons to jury 358
19. Return of coroner's warrant 359
20. Warrant to take up a body interred 359
21. Proclamation before calling jury 3(50
22. Proclamation for default of jurors 3(10
23. Certificate of fine of juror or witness 3(>1
24. Address to jury before swearing foreman 3(il
25. Foreman's oath 301
2(5. Oath of jurymen 362
27. Coroner's charge to jurymen after they are sworn 3(52
28. Coroner's charge to jury after viewing the body 303
1 Coroners are recounnonded to keep on haurl printed copies in blank of the
niobt common forms in order to save time and avoid errors.
844 nrriKs or conosKiis.
No. I'AOH
2!). Summons to a witncHs 308
30. Proclamiition for attoiulanco of witiiosson 8(i4
31. Warrant aj^aiimt wIIiu^hh for contempt of Hiiniinoiis 304
32. Declaration f)f coroniT in (^uubec that pttxl martem in nnnccfH-
sary 365
83. KuminonH for a medical witness 3l>5
34. UequiBition of jury in (.^uobec for a pont mortem 3(50
85. Oath on the voir dire . . 300
30, Oath i>r attirnnition of witnesH 800
a?. Oath of interpreter 3()8
JJ8. Commitment of witneHS for refn8in||» to ^ive evidence 309
3',(. Commitment nf witnens for refusing to sign liia informatiun . . 370
40. lufornnition of witnesH 372
41. Coroner's certificate to each information , 372
42. Keqnisition of jury for a second medical witness 372
43. liecoKnizance of jurors upon an adjournment 373
44. Coroner's address on adjoiuMunent 374
45. Proclannition on adjournment 374
46. Warrant to 1)ury the body after a view 374
47. Warrant to bury a Jelo de se 37r)
48. Return thereto . . 37()
•4!). I'rocla?nation on openin>{ adjourned meetiuj^ 370
•60. Oath of otticer in charge of jury 370
^1. Coroner's address to jury after recording their verdict 377
•52. Caution to and statement of the accused 377
•53. Warrant to apprehend the accused 378
i54. Warrant of commitment of accused 37'.)
55. Warrant of detainer to gaoler 380
•5G. Warrant to take accused l)efore a justice 380
•S7. Recognizance of accused to appear before a justice 381
•58. Recognizance to prosecute 383
•5i>. Recognizance to give evidence 384
<50. Commitment of witness for refusing to enter into recognizance 385
"61. Proclamation at close of inquest 387
<;'2. Order for payment of a medical witness 387
■03. Specimen of a medico-legal report 388
63J. Warrant appointing a deputy in civil matters 3!ll
i'A. Certiorari to the coroner 301
i)o. Return tliereon • • 3i>2
4)0. Habeas cocyjK.v 3i)2
■67. Return thereon liilH
•68. Notice of bail 3!)4
•6!). ]'e)iire facias to coroner to amend his inquisition 394
70. Declaration of correctness of account 395
71. Declaration of coroner attached to his account 305
72. Oath of mileage 300
hi'TiKS OF ('(Ho>\/:/{s. 8 if)
No. I l'A(iK
73. flortificato of coroner to constiiblc's account !UI7
73^. Cortiticato of CJrown-Attorney that imporH arc liled and in(jueHt
warranted !J'J7
INQUISITIONS.
71. The caption 898
7;j. Tlie attestation .S()8
7<). By an infant drowning liiinHolf il!)!)
77. Hy poiHoniii},' tlio dccenstid H'.»i)
78. Hy Hhootin;^ liinisi'lf, l)eint; a Innatic 400
79. By stabbing lumseif, where the cause and the death are in difler-
cnt coiinticH 401
80. By drowniiif^ himself 402
81. By throwin(4 deceased out of a window 408
82. By shootiiiji liiniKcIf in a fit of delirium 403
83. By luuit^iiit,' himself 401
84. By 8hootinf4 himself 405
Hi). By drowniuf^ himself 40(5
81). I^Iurder 40(5
87. Manslauf^hter 400
88. I'lxcusuble homicide by correction 407
80. I'^xcusablc homicide by a knife 407
90. Excusable homicide in defence of person (se (Iffendeiido) 408
01. Justifiable homicide against a street robber 400
lt2. Death by a cart 411
1)3. Death by the overturninji of a chaise 412
04. Drowned by the overturning of a boat 413
0"). Killed by the kick of a horse 413
0(1. Killed by fallinjj; from the leads of a house 414
07. Drowned by bathing 414
08. Found drowned 4li'i
00. Killed by a fire 415
100. Killed by beinj^ burnt 416
101. Killed by being suiTocatod 417
102. Death of a child, sudden delivery 417
103. Death by a diflicult birth and hard labour 418
104. Stillborn 418
105. Starved 418 '
10(). Natural death 410
107. Found dead 410
108. Sudden death by tits 419
100. Death by excessive drinking 420
110. Death in prison 420
111. By hanging in execution of legal sentence 421
112. Killed by explosion of boiler of steam engine 421
846 jjCTi/is OF vonoXKits.
No. ^ PAGE
1 13. Killed by culliaion on a railway 422
ll'* Return or cevtificato of death for Division Rej.;istrar 424
FORMS RELATING TO FIRE IXQUKSTS.
115. Requisition to hold a fire inquest 425
116. Requisition to liold a fire inquest from a municipality 426
117. Affidavit to be endorsed on reciuisition for tire iiKjuests 427
118. Certificate that adjournment of fire inquest was necessary .... 427
119. Caption of a fire inquest 428
N.B. — Any other forms recjuired in relation to fire inquests can be
adapted from the corresponding firms relating to ordinary inquecis.
^*
FORMS.
No. 1.
COMMISSION.
Province of Canada.
[Great Seal] Elgin and Kincardine.
Victoria, by the grace of Go.l, of the United Kingdom of
Great Britain and Ireland, Qaeen, Defender of the
Faith, &c., &c., &c.
'^0 Greeting.
Know yon, that having special trust and confidence in
your loyalty, integrity and ability. We have constituted
and appointed, and by these presents do constitute and
appoint you the said to be Coroner within the
Jhstnct of of our Province of Canada, in addition to
those persons who have been heretofore appointed by our
Koyai Commission, to execute the said office in the said
district. To have, hold and enjoy the said office of Coro-
ner, and to execute the duties thereof according to the
laws of that part of our said Province, formerl} called
Upper Canada, together with all and singular the rights,
f^:ea, profits and privileges thereunto belonging and apper-
taining, unto you the said for and during our
pleasure, and >our residence within our said Province.
In testimony whereof, we have caused these our letters
to be made patei.t, and the Great Seal of our said Province .
to be hereunto affixed. Witness, our right trusty and
right well-belo ^d cousin, James, Earl of Elgin and Kin-
cardine, Knight of the most ancient and most noble Order
of the Tl istlc. Governor General of British North America,
and Captain Gf ei u and Governor in Chief in and over
348 DUTIES OF CORONFZxS.
our Province of Canada, Nova Scotia, New Brunswick and
the Island of Prince Edward and Yice-Admiral of the same,
&c., &c., &c., at Montreal, this 17th day of August, in tiie
year of our Lord one thousand eight hundred and forty-
eight, and in the twelfth year of our reign.
Robert Baldwin, Attorney-General.
By command, W. B. Sullivan, Secretary.
No. 2.
OATH OF ALLEGIANCE.
Canada, \ I, A.B., do sincerely promise and
Province of Ontario, ' swear, that I will be faithful and
County of [ bear true allegiance to Her Majesty
To wit: j Queen Victoria [or the reigning
Sovereign for the time being] as lav ;il Sovereign of the
United Kingdom of Great Britain and Ireland, and of this
Province, dependent on, and '^"longing to the s'.iid King-
dom ; and that I v/ill defend ner to the utmo.->!: o^ my power
against all traitorous conspiracies or attempts whatever
which may be made against Her Person, Crown and
] dignity, and that I will do my utmost endeavour to dis-
close and m:ike known to Her Majestj', her heirs and
Huccessors, all treasons and traitorous conspiracies and
attempts which I shall know io be against her, or any of
them. All this I do swear without any equivocation, men-
tal evasion or secret reservation. So help me God. (See
11. S. 0. c. 15, 8. 3.)
DUTIES OF L'ORONKRS. 34^)
No. 3.
toua, her heirs and successors. So help me G^^d
Sworn and subscribed byi
the said A. B. at the of A 13
in the County of ' Coroner,
tills day of A.I). 18 J
C. D.
A Com. [or as the case may be.J See page 5.
No. i.
OATH OF OFFICE.
You shall swear that you will well and truly serve our
tru V L 1 • "*^ '^''''''' y^*^ ^^^^11 ^JiJigentlv and
truly do and accomplish ail and everything and Hn'n
appertamin, to your office, after the bes't yC , ^
w.t and power, both for the Queen's profit and f<
good of the inhabitants within the sid oonnT ^
-H fees as you ou.ht to take byte ^r^ l^aU tt ^^
tins Provmce, and not otherwise. So help you God
No. 5.
COUONEUS. OATH OF OFFICE IN m<,TISH COLUMBIA.
I, A. B swear tlmt I will well and truly serve our
Soveroig,, Lady, the Queen's Majesty aod her l^Tvl^l
I
350 DUTIES OF CORONERS.
ii in tliG office of Coroner, and as one of Her Majesty's
Coroners, and therein truly do and accomplish all and
every thing appertaining to ray ollice, after the best of ray
cunning, wit and power, both for the Queen's profit and for
tlie good of the inhabitants within the district of , in
the Province of British Columbia, taking such fees as I
ought to take by the laws, statutes and orders in council
of the Province, and not otherwise. So help me God.
Sworn and subscribed b^'^
the said A. B. at the of[ A. B.,
i in the County of
^' this day of A.D. 18
C. D.
A Cora [or as the case may be. . k<ee page 5.
Coroner.
No. 6.
INDICTMENT FOR NOT TAKING AN INQUEST.
Canada, \ The jurors of our Lady the Queen
Province of Ontario, ( upon their oath present, that on.
County of f &c., one A. B., nas drotrned in a cer-
To wit : j tain pond, and that the body of the
said A. B., at, &c., lay dead, of which C. D., Esquire, after-
wards to wit, on the day of in the year aforesaid, then
being one of the coroners of our said Lady the Queen for
the county aforesaid, had notice ; nevertheless the said
C. T>., not regarding the duty of his office in that behalf,
afterwards to wit, on, &c., to execute his office of and con-
cernijig the preraises, and to take inquisition of our said
Lady the Queen, according to the laws and customs of
this Province, concerning the death of the said A. B.,
unlawfully, obstinately and contemptuously did neglect and
refuse ; and that the said C. D. no inquisition in that behalf
hath as yet taken against the peace, &c.
DUTIES OF CORONERS.
351
Canada,
Province of Ontario,
County of
[L.S.]
of the Countv of
No. 7.
WRIT DE CORONATOKE EXONERANDO.
Victoria, by the grace of God, of
the United Kingdom of Great Bri-
tain and Ireland, Queen, Defender
of the Faith, &c. To the Sheriff
, greeting. Forasmuch as we
have for certain understood that C. D., one of our Coroners
for your county, was appointed Coroner for your county in
the year one thousand eight hundred and that he
is about to quit the comity and reside at a distance therefrom,
and, tlterefore, cannot perform the duty of a Coroner in your
county ; we command you, that without delay you remove
the said C. 1). from the office of Coroner in your county.
Witness, Scc.^
No. 8.
SHERIFFS RETURN THEREON.
By virtue of the within writ to me directed, I have
removed the within named C. D. from the oliice of a Coro-
ner of and in my county, as within I am commanded.
Dated this day of 18 .
The answer of A. B., Sheriff, County of
No. 9.
CERTIFICATE OF TWO JUSTICES IN NEW BRUNSWICK
THAT INQUEST NOT NECESSARY.
Canada, \ We, A. B., of the
Province of New Brunswick, I of in the County of
County of [ , and C. D., of the
To wit. j of in the County of
, two of Her Majesty's justices of the peace in and
^ See the grounds of removal, ante, p. 55.
I 352 DUTIES OF CORONERS.
I
1 for the said County of . Horeby certify to G. H.. a
coroner for the said County of , that we are of the
opinion that he the said coroner, as well as all other
coroners for the said Count)', will he justified in not hold-
ing an inquest upon the body of E. F. [or <>/ a man or
woman or a mule or female child, unknown] now lying dead
at , and in granting a warrant for the burial of
such body forthwith without taking an inquisition thereon.'
Given and certified under our hands and seals this
day of A.D. 18 , at the of in the said County
of'
A. B.,
[seal.]
J.P.
C. D.,
[SEAL.J
J P.
No. 10.
INFORMATION ON OATH OF PARTY NOTIFYING CORONER
OF THE DEATH.
Canada, \ I, A. B. of the of
Province of Ontario, I in the county of , occitpa-
County of Simcoe [ Hon, make oath and say :
To wit : )
1. That the body of R. F., {or of a man, ivoman or nude
or female child unknown) lies dead at in the
county of
2. That {here state the circumstances of the death as
far as known and which render an inquest necessary).
3. That I am of the opinion there is good reason for
believing that the said R. F. {or unknown man, wonmn,
»C. S.N. B. 1877, c. G3, 8. 7.
DUTIES OF COROXKRS. 353
orrtvde or female child), did not come to /a's {or lirr) death
from natural cau&es, or from mere accident or mischance ;
but came to Aw {or her) death from violence or unfair
means, or culpal)le or negligent conduct of others, under
circumstances requiring investigation hy a coroner's in-
quest. So help me God.'
Sworn before me at'
the of in the]
County of this I A. B.
day of A.D. 18 J
G. H.
Coroner.
No. 11.
NOTICE TO CORONER OF DEATH OF A PRISONER.
To G. H. Esquire one of the Coroners for the county of
, province of
Sir, — I, J. K. of the of in the county
of in the said Province, keeper of the common gaol
for the said county {or as the case ma}/ be) hereby give you
notice that E, F. a prisoner in the said gaol died in the
said gaol on this day, and that his {or he"') body now lies
therein ; and that the circumstances attending his {or her)
death were as follows : — {here state hriejly the cause of
death as far as known). Of all which you will please take
due notice and act thereon according to law.
Dated the 18
J. K.
Keeper of the co.nmon gaol of the county of
1 R. s. o. c. 80, 8. -1.
B.C.— 23
354
DUTIES OF CO HONE US.
No. 12.
CERTIFIOATE OF DEATH OF A LUNATIC IN PRIVATE
ASYLUM.
Canada, \
Province of Ontario, ( I, G. K. of the of in
County of Simcoe [ the county of medical atten-
To wit. j dant of the Private Lunatic Asylum
known as [here state the name of the establishment if it
has one) at the of in the county of
hereby certify :
1. That E. F. a patient in the said asylum now lies dead
therein.
2. That A. B. and C. D. (giving the names of those
•present at the death) was {07' were) present at the death of
the said E. F.
8. That the cause of death of the said E. F. (ascertain-
ed by 2^ost mortem examination if so) was {here state the
cause of death as far as known).
Dated this day of A.D. 18 .'
[Signed] G. K.
Medical attendant of .'
No. 13.
CERTIFICATE TO BE ANNEXED TO, OR ENDORSED ON
THE ABOVE CERTIFICATE.
I, H. F. of the of in the county of
proprietor (or superintendent) of the above (or within)
named Private Lunatic Asylum, hereby certify that the
iR. S. O. c. 246,8.44.
- A copy of this certificate certified aa under by the proprietor or
superintendent of the liouse must within forty-eight hours after the
death be transmitted by such proprietor or superintendent to the nearest
coroner, see p. 15.
DUTIES OF COROXKRS.
355
above (or within) is a true and correct copy of the certifi-
cate of the death, and cause of death, of E. F. a patient
now lying dead in the said asylum, and which was drawn
up and signed and handed to me, by G. K. the medical
attendant of the said asylum under the provisions of the
statute in that behalf.
Dated this day of A.D. 18
H. F.
Proprietor (or Superintendent) of
No. 14
DECLARATION OF COrONER BEFORE ISSUING WARRANT
FOR JURY.
Canada. \ I, G. IL, of the of in the
Province of Ontario, County of and Province of
County of Simcoe,
To wit.
Ontario, a coroner in and for said
county, do hereby declare under
oath that from information received by me to the following
effect [here state a summary of the information] I am of the
opinion that there is good reason for believing that E. F.
[or an unknown man, woman or male or female child] now
lying dead at , did not come to Ids (or her) death
from natural causes, or from mere accident or mischance ;
but came to his (or her) death from violence or unfair
means, or culpable or negligent conduct of others, under
circumstances requiring investigatiow by a coroner's inquest.*
So help me God.
Sworn before me at \
the of in the G. H.,
County of this
day of A.D. 18
Coroner.
A. B.,
(A J. P., Notary Public or Commissioner.)
iR. S. O. c. 80.
356
DUTIES OF CORONERH.
No. 18.
DECLAUATION OF CORONER IN NEW BRUNSWICK PRIOR
TO ISSUING WARRANT FOR JURY.
I, G. H., of the of in the County of and
Province of New Brunswick, a coroner in and for said
county, do hereby declare under oath that from informa-
tion received by me, the said coroner, I am of the opinion
that there is reason for beHeving that E. F., the deceased^
did come to his (or her) death under circumstances requir-
ing investigation by a coroner's inquest.'
Taken and declared by
the said G. H., Coroner,
at the of in the
County of in the Pro- G- H.
vince of New Brunswick,
this day of A.D,
18 . Before
A. B.
(A J. P. or a Commissioner, Notary Public, or two free-
holders resident in the countv.
No. 16.
WARRANT TO CONSTABLE TO SUMMON JURY.
Canada.
Province of Ontario,
County of
To wit :
To the Constables of the Township
of in the County of ,
and all other Her Majesty's officers
of the peace in and for the said
county. By virtue of my office, these are in Her Majesty's
name to charge and command you, that on sight hereof
you summon and warn twenty-four ° able, lawful, honest,
good and sufficient men of your several townships personally
J52 V. c. 14, N. B.
'Any number not less than twelve can be summoned.
DUTIES OF iV/iO.yJC/iS.
357
to be and appear before me on the day of
instant, at of the clock, in tlie at the house of
called or known by the .sign of the in the said
township of in the said county of then and
there to do and execute all such things as shall be given
them in charge, on behalf of our Sovereign Lady the
Queen, touching the death of R. F. And for your so doing
this is your warrant. And that you also attend at the time
and place above mentioned, to make a return of those you
shall so summon; and further to do and execute such
other matters as shall be then and there enjoined you.
And have you then and there this warrant. Given under
my hand and seal this day of one thousand eight
hundred and
C. I).,
Coroner, County of . [L.S ]
No. x7.
WARRANT TO GAOLER TO SUMMON JURY.
Canada,
Province of Ontario,
County of
To wit :
To the Keeper of the Common
Gaol of the County of or his
deputy there or other proper officer
By virtue of my office, these are in
Her Majesty's name to authorize and require you, upon
receipt hereof, to summon or cause to be summoned
twelve' good and lawful men, prisoners within the walla
of your prison, to be and a])pear before me at the room
of the said prison, on the day of at of the
clock, in the of the same day, to inquire into the cause
of the death of late a prisoner within ihe said prison,
and to do and exocute all such things as in Her Majesty's
^ Or such number as will constitute half the jury.
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358
DUTIES OF CORONERS.
behalf shall be given them in charge, and have then and
there the names of the persons so summoned, together
with my precept. And hereof you are not to fail, as you
will answer the contrary at your peril. Given under my
hand and seal this day of in the year of our Lord
one thousand eight hundred and
C. D.,
Coroner, County of . [L.S.]
No. 18.
SUMMONS FOR JURY.'
Canada, \ To R. M., of the Township of
Province of Ontario, I in the County of carpenter. By
County of f virtue of a warrant under the hand
To wit : j and seal of C. D., gentleman, one of
Her Majesty's Coroners for this county, 3^ou are hereby sum-
moned personally to be and appear before him as a juryman,
on the day of instant, at of the clock, in the
precisely, at the house of known by the sign of in the
township of in the county of , then and there to
inquire on Her Majesty's behalf, touching the death of
R. F., and further to do and tKecute such other matters
and things as shall be then and there given you in charge,
and not depart without leave. Hereof fail not at your
peril. Dated the day of one thousand eight hun-
dred and
Yours, &c.
H. 8.,
Constable of the said County of . i
' The Coroner should furnish these summonses to the constable.
DUTIES OF CORONERS.
359
No. 19.
RETURN OF CORONER'S WARRANT.
The execution of this warrant appears by the schedule
thereto annexed.
The answer of Constable.
Sch ''^le of jurymen personally served by the under-
signed c itable under the annexed warrant of C. D.
Coroner for the county of
Name of party
served.
1. Thomas Ameb,
2. James Bowman,
3. Peter Coulson,
Occupation
carpenter
shoemaker
farmer
&c.
Date of
service.
Whei'e
served.
Jan. 2nd 18 1
(
Jan. 3rd 18 j
Jan. 3rd 18 j
&c. K
At his house
Barrie.
On lot No.
10 Vespra.
On Con. 10,
Innistil.
No. 20.
WARRANT TO TAKE UP A BODY INTERRED.
Canad.v, / To the Minister and Church-
Province of Ontario, wardens of {or to the jwoper
County of authorities having charge of the
To wit: V -place of burial). Wliereas, com-
plaint hath been made unto me, one of Her Majesty's
Coroners for the said county, on the day of ,
that the body of one G. R. was privately and secretly,
burierl in your township, and that the said G. R. died, not
of a natural but violent death ; and whereas no notice of
the violent death of the said G. R. hath been given to any
of Her Majesty's Coroners for the said county, whereby,
on Her Majesty's behalf, an inquisition might have been
1 :
360 DUTIES OF CORONEllS.
taken on view of the body of the said G. R. before his in-
terment, as by hiw is required. These are, therefore, by
virtue of my office, in Her Majesty's name, to charge and
command you that you forthwith cause the body of tlie
said G. 11. to be taken up and safely conveyed to in
the said township, that I with ray inquest may have a view
thereof, and proceed therein according to law. Herein
fail not, as you will answer the contrary at your peril.
Given under my hand and seal this day of one
thousand eight hundred and
G. H.
Coroner, County of [L.S.]
No. 21.
PROCLAMATION BEFORE CALLING JURY.
Oyez ! Oyez ! Oyez ! You good raeu of iiis county,
summoned to appear here this day, to inquire for our Sove-
reign Lady the Queen, when, how and by what means R. F.
came to his death, answer to your names as you shall be
called, every man at the first call, upon the pain and peril
that shall fall thereon.
No. 22.
PROCLAMATION FOR DEFAULT OF JURORS.
Oyez ! Oyez ! Oyez ! You good men who have been
already severally called, and have made default, answer to
your names and save your fine. ,
DUTIES OF CORONERS.
No. 23.
CEUTIFIOATE OF FINE OF JUROR OR WITNESS.
Canada, \ I, A. B., Coroner of and for the
Province of Ontario, I County of do certify, that
County of j CD., of the of in the
To wit : ) County of y (toman \ or an the
case may he) after being duly summoned as a juror {or as a
witness) and after hoinf^ openly called three times, was
fined by me on this day of A.I). 18 the sum
of ,* for not appearinfT at an inquest liolden before me
this day of A.D. 18 upon the body of about
the age of who was found dead at {or other
lyarticnlars or deseription) to serve as a juror {or as a icit-
ness to give evidence) upon such inquest."
A. B.,
Coroner, County of
No. 24.
ADDRESS TO JURY BEFORE SWEARING FOREMAN.
Gentlemen, hearken to your foremtou's oath ; for the
oath he is to take on his part is the oath you are severally
to observe and keep ou your part. .
No. 25.
FOREMAN'S OATH.
You shall diligently inquire and true presentment make
of all such matters and things as shall be here given you
' The sum must not exceed four dollars. See pp. 219, 220, 223.
-This ceitilicaie should be made out at the time the juror or
witness makes default, and be transmitted to the clerk of tlie peace of
the county in which the delinejuent i-csides, on or before the iirat day of
the next General Sessions. And a copy of the certificate must ))e served
upon tiie person by leavinj,' it at his residence within a reasonable time
after the inquest. R. S. O. c. 80, s. ,'• ; R. S. O. c. r<2, s. 10(5 ; and see
11. S. O. c. 217, 88. 4, 0, as to fires.
362
DUTIES OF COrMNERS.
in charge, on behalf of our Sovereign Lady the Queen, touch-
ing the death of R. F., now lying dead, of whose body you
shall have the view ; you shall present no man for hatred,
malice or ill-will, nor spare any through fear, favour or
affection ; but a true verdict give according to the evidence,
and the best of your skill and knowledge. So help you
God.^
No. 26.
OATH OF JURYMEN.
The same oath which A. B., your foreman upon this
inquest, hath now taken before you on his part, you and
each of you are severally well and truly to observe and
and keep on your parts. So help you God.*
No. 27.
THE CORONER'S CHARGE TO JURY AFTER THEY ARE
SWORN.
Gentlemen, you are sworn to consider on behalf of the
Queen, how and by what means R. F. came to his death.
Your first duty is to take a view of the body of the
deceased, wherein you will be careful to observe if there be
any and what marks of violence thereon ; from which and
and a proper examination of the witnesses jntended to be
produced before you, you will endeavour to discover the
cause of his death, so as to be abb to return a true and
just verdict on this occasion.
^ The oath Bhouid be administered in view of the body. See the
various forms of oaths and affirmations fiiven in form No. 36 and select
the one most binding on the ^jarty's conscience, varying it to suit the
foreman and jurors.
'^ See previous note.
DUTIES OF CORONERS.
363
No. 28.
CORONER'S CHARGE AFTER VIEW OF THE BODY.
After the view is taken, and the jury called over, the
Coroner should add to his former charp:e any necessary
observations he may have made on view of the body, and
add : " I shall now proceed to hear and take down the
evidence respecting the fact, to which I must crave parti-
cular attention."
No. 29.
SUMMONS TO A WITNESS.
Canada,
Province of Ontario,
County of
To wit.
To A. P.. of the Township of
in the County of
yeoman. Whereas I am credibly
informed that you can ^ive
material evidence on behalf of our Sovereign Lady the Queen,
touching the death of A. P., now lying dead, in the town-
ship of in the said cou.ity of . These are,
therefore, by virtue of my office, in Her Majesty's name, to
charge and command you personally to be and appear
before me at the dwelling house of J. R., known as the
sign of situate at in the said township at
o'clock, in the on the day of instant,
then and tiiere to give evidence and be examined, on Her
Majesty's behalf, before me and my inquest touching the
premises. Herein fail not, as you will answer the contrary-
at your peril. Given under my hand and seal this
day of one thousand eight hundred and
C. D.,
Coroner, County of . [L.S.]
364
DUTIES OF VOliOyEliS.
No. 30.
PROCLAMATION FOR THE ATTENDANCE OF WITNESSES.
If any one can give evidence on behalf of our Sovereign
Lady the (^iieen, when, how and by what means R, F. cavne
to his death, let him come forth and he shall be heard.
No. 31.
WARRANT AGAINST A WITNESS FOR CONTEMPT OF
SUMMONS.
Canada, \ To A. B., Constiible of the
Province of Ontario, ! of in the County of and
County of i to all others Her Majesty's ofTicers
To wit. I of the peace in and for the said
county. Whereas, I have received credible information
that C. D., of the of in the said county, car
give material evidence on behalf of our Sovereign Lady t^ac.
Queen, touching the death of E. F., now lying dead in the
said of ; and whereas the said C. D., having
been duly summoned to appear and give evidence before
me and my inquest touching the premises, at the time and
place in the said summons specified, of which oath hath
been duly made before me, hath refused and neglected so
to do, to the great hindrance and delay of justice. These
are, therefore, by virtue of my office in Her Majesty's name,
to charge and command you, or one of you, without delay to
apprehend and bring before me, one of Her Majesty's
Coroners for the said now sitting at the aforesaid,
by virtue of my said office, the body of the said C D., that he
may be dealt with according to law : and for so doing this
is your warrant. Given under my hand and seal the
day of one thousand eight hundred and
G. H.,
Coroner, County of . [L.S.]
DUTIES OF conoyjuRs. 365
No. 32.
DECLARATION OF CORONIOR IN QUEBEC THAT POST
MOUTEU IS NECESSARY.
Canada, \ I, G. H. of the of in
Province of Quebec, I the of one of the
County of j coroners of the county of in
To wit : j tlie Province of Quebec hereby
declare that in my opinion the holding of a j)ost vwrteni
examination of the body of E. F. {or a man^ woman or
male or female child unknown) now lying dead a-t
and upon which body an inquest is now being held by me,
is necessary in order to ascertain whether or not the said
deceased came to kia (or her) death from violence or other
unfair means.
Dated at this \ G. H.
day of A.D. 18 J Coroner.
No. S3.
SUMMONS FOR THE ATTENDAi^CE OF A MEDICAL WITNESS.
Coroner's Inquest at upon the body of
By virtue of this my order as Coroner for you are
hereby required to appear before me and the jury at
on the day of one thousand eight hundred and
at o'clock, to give evidence touching the cause
of the death of {and when the tvitness is required to
make or assist at a ^jost mortem examination, add) and
make (or assist in making) a post mortem examination of
the body, with {or without) an analysis {as the case may
he) and report thereon at the said inquest.*
[Signed] , A. B., Coroner.
Tc C. D., Surgeon {or M.D. as the case may he).
1 R. S. O. c. 80, s. 7 ; R. S. B. C. 1888, c. 24, s. 7.
I
366
DUTILS OF VOROyERS.
No. 34.
EEQUI8ITI0N OF JURY IN QUEBEC FOR A POST MORTEM.
To G. H. Esquire one of the coroners for the county of
in the Province of Quehec.
We, the undersigned, being a majority of the jurymen
Bitting at an inquest now being held by you on the body of
E. F. {or of a man, woman or male or female cluhl U7i-
knoivn) at the of in the said county. Herel)y
require that you direct a ]iofit mortem examination of the
said body to be mafle in order to ascertain the cause of the
death of the said E. F.
Dated at this
(lay of A .D. 18
A. B.
CD.
etc.
No. 35.
OATH TO BE ADMINISTERED ON THE VOIR DIRE.
You shall true answer make to all such questions as
the court shall demand of }ou. So help you God.
No. 36.
OATH OR AFFIRMATION OF A WITNESS.
(a) Common oath.
The witness sivears ujyon the Bible held in the right
hand as folloivs : —
The evidence which you shall give to this inquest on
behalf of our Sovereign Lady the Queen, touching the
death of R. F., shall be the truth, the whole truth and
nothing but the truth. So help you God.
DUTIES OF COnoNKllS.
367
{h) Oath of a Scotch witness or one who swears with
the uplifted hand.
Instead of taking the Bible let him hold up the Hght
hand and repeat to him the common oath (a) as far as
the ivord" truth" and then add: — And this you do swear
in the presence of the ever living God, and as you shall
answer to God at the great judgment day. So help you
God/
(c) Afjirmation of a person who objects on conscientious
grounds to take an oath, or is objected to as incompetent
to take an oath.
You solemnly affirm that the evidence to he given hy
you, shall he the truth, the whole truth and nothing but
tho truth.'
(d) Oath of a Jew.
A Jew is sworn, with his head covered, u^.^n the
Pentateiu'h opened and placed before him using the words
of the common oath (a) as above, only substituting the
name "Jehovah" instead of "God" and letting the witness
conclude by kissing the books of Moses.*
(e) Oaf h of a Chinaman.
The rvitness kneels down and on a china saucer being
placed in his hand he breaks it.
The oath is then administered as follows: —
You shall tell the truth and the whole truth. The
saucer is cracked and if you do not tell the truth your soul
will be cracked like the saucer.*
(/) Oath of a Mahomedan.
A Maliomedan places his right hand flat upon the'
Koran, and the other hand to his forehead, and brings the
1 Mildrone's Case 1 Leach C. C. 412 ; Walkers' Case, 1 Leach C. C.
498 ; Mee. v. Reid, Pea. R. 23.
- The Canada Evidence Act, 1893, s. 23. .
nVilles, oi3.
••Oke's Magisterial Formulist, 6th Ed., 873; R. v. Entrehman, Car.
and M. 248. .
368
DUTIES UF aiHOMiliS.
top of hix forehedd down to the hook, and touches it with
his head. He then looks for some time upon it, and 07i
hi'iiuj asked what the ceremony was to produce, he answers
that he is bound by it to speak the truth}
{<]) In other cases the oath should bo that which the
witness himself dechires to be binding upon his conscience,
and he is always allowed to adopt the ceremonies of his
own relij^ion.' The wording of the oath in such cases
should be as follows : —
You swear according to the custom of your country and
of the religion you profess, that the evidence you shall
give to this inquest on behalf of our Sovereign Lady the
Queen, touching the death of R. F., shall be the truth,
the whole truth and nothing but the truth. So help you
God.
No. 37.
OATH OF INTERPRETER.
You shall well and truly interpret unto the several wit-
nesses here produced on the behalf of our Sovereign Lady
the Queen, touching tl. death of R. F., the oath that shall
be administered unto ti.am, and also the questions and
^ demands which shall be made to the witnesses by the court
or the jury concerning the matters of this inquiry ; and you
shall well and truly interpret the answers which the
witnesses shall thereunto give, according to the best of
your skill and abilit}'. So help you God.
' Ilex. V. Morgan, 1 Leach, C. C. 54.
- Omichund v. Barker, Willos, 547 ; .itchesoii v. Everett, Cowp. 382 ;
Miller v. Salomans, 7 Ex. 5.^4, 558.
DUTIES OF COliOSKllS.
COMMITMENT OF A
No. 38.
WITNESS FOR REFUSING TO GIVE
EVIDENCE.
Canada,
Pr jvince of Ontario,
County of
To wit.
To the Constables of the Town-
ship of in tlie County of
anil all other Her Majesty's oih-
cers of the peace in and for the
county aforesaid, and also to the keeper of the gaol in the
said county. Whereas, I heretofore issued my sumnions
under my hand directed to CD., of kc, reijuiring his personal
api)earance before rae, then and now one of Her Miijesty'B
Coroners for the said county of at the time and place
therein mentioned, to give evidence and be examine;!, on
Her Majesty's behalf, touching and concerning th'3 death
of E. F., then and there lying dead, of the personal service
of which said summons, oath hath been duly made before
me, and whereas the said C. 1). having neglected and
refi >d to appear, pursuant to the contents of the said
summons, I thereupon afterwards issued ray warrant under
my hand and seal, in order that the said C. I)., by virtue
thereof, might be apprehended and brought before me to
answer the premises. And whereas the said C. D., in pur-
suance thereof, hath been apprehended and brought before
me, now duly sitting by virtue of my oftice, and hath been
duly required to give evidence, and to be examined before me
and my inquest, on Her said Majesty's behalf, touching the
death of the said E. F., yet the said C. IX, notwithstanding,
hath absolutely and wilfully refused, and still doth wilfully
and absolutely refuse to give evidence and be examined
touching the premises, or to give sufficient reason for his
refusal, in wilful and open violation and delay of justice:
these are, therefore, by virtue oi my ofHce, in Her Majesty's
name, to charge and command you or one of you, the said
constables and officers of the peace in and for the said town-
ship and county, forthwith to convey the body of the said
C. D. to the gaol of the said county at the of in the
-24
B.C.-
370
DUTIES OF CORONERS.
said county, and him safely to deliver to the keeper of the
said gaol ; and these are, likewise, by virtue of my said office,
in Her Majesty's name, to will and require you, the said
keeper, to receive the body of the said C. D. into your
custody, and him safely to keep in the ^aol, until he shall
consent to give his evidence and be examined before me
and my inquest,' on Her Majesty's behalf, touching the
death of the said E. F., or until he shall from thence be
discharged by due course of law ; and for so doing this is
your warrant. Given uuder my hand and seal this
day of in the year of our Lord one thousand eight
hundred and
A. B.,
Coroner, County of . [L.S.]
No. 39.
COMMITMENT OF A WITNESS FOR REFUSING TO SIGN
HIS INFORMATION.
Canada,
Province of Ontario,
County of
To wit :
To M. N., one of the Constables of
the Township of in the Co mty
of and all other Her Majesty's
officers of the peace in and for the
said county, and also to the keeper of the gaol of the said
county. Whereas C. D., of the of in the said
county of yeoman, is a material witness on behalf of
our Sovereign Lady the Queen, against G. H., late of the
of in the county aforesaid, labourer, now
charged before me, one of Her Majesty's Coroners for the
said county, and my inquest, with the wilful murder of
* In the North-West Territories the witness can be committed for
any term not exceeding ten days, unless in the meantime he consents to
bo examined. R. S. C. c. 178.
DUTIES OF CORONERS. 371
E. F., there now lying dead ; and whereas the said C. D. at
this time of my inquiry, on view of the body of the said
E. F., how and by what means he, the said E. F., came by
his death, hath personally appeared before me, and my said
inquest, and, on Her Majesty's behalf, hath given evidence
and information on oath touching the premises, which
said evidence and information having by me been reduced
into writing, and the contents thereof by me, in the pre-
sence of my said inquest, openly and truly read to liim,
the said C. D., who doth acknowledge the same to be true,
and that the same doth contain the full substance and
effect of the evidence by him given before me to my said
inquest, and the said C. D. having by me been requested
and desired to sign and set his hand to his said testimony
and information, and to acknowledge the same as by law is
required, yet notwithstanding, the said C. D. hath wilfully
and absolutely refused, and still doth wilfully and abso-
lutely refuse so to do, in open defiance of law, and to the
great hindrance of public justice. These are, therefore,
by virtue of my office, in Her Majesty's name, to charge
and command you, or one of you, the said Constables and
other Her Majesty's officers of the peace in and for the
said county of forthwith to convey the body of the
said C. D. to the gaol of the said county at in the
said county, and him safely to deliver to the keeper of
the said gaol ; and these are, likewise, by virtue of my
said office, in Her Majesty's name, to will and require you,
the said keeper, to receive the body of the said C. D. into
your custody, and him safely to keep in prison until he shall
duly sign and acknowledge his said information, or shall be
from thence otherwi?*^ discharged by due course of law :
and for so doing this is your warrant. Given under my
hand and seal this day of in the year of our
Lord one thousand eight hundred and .
- A. B.,
Coroner, County of . [L.S.]
372
DUTIES OF COROXERS.
No. 40.
INFORMATION OF WIiy^ESSES.
Canada, ^ Informations of witnesses sever-
Province of Ontario,
County of
To wit :
ally taken and acknowledged on
behalf of our Sovereign Lady the
Queen, touching the death of R. F.,
at the dwelling house of J. B., known by the name or sign
of in the of in the county of on
the day of in the year of our Lord one
thousand eight hundred and before me A. B., Esquire,
one of Her Majesty's Coroners for the said county, on an
inquisition then and there taken on view of the body of the
said R. F., then and there lying dead, as follows, to wit :
C. D., of the of in the said county of
yenman, being sworn, saith, &c. {stating the evidence in the
Jirst person.)
CD.
At the end of each separate information the Coroner adds
the following certificate :
No. 41.
CORONER'S CERTIFICATE TO EACH SEPARATE
INFORMATION.
Taken upon oath and acknowledged this day of
in t2ie year of '^".r I;'^vd one thousand eight hun-
dred and before me.
A. B.,
Coroner, County of
No. 42.
REQUISITION OF JURY FOR A SECOND MEDICAL WITNESS.
To G. H., Esquire, one of the coroners for the County of
Simcoe in the Province of Ontario.
We, the undersigned, being a majority of the jurj'men
sitting at an inquest now being held by you on the body of
DUTIES OF CORONERS. 373
E.F. {or of a man, woman or male or female child unknown)
at the of in the said county, and it appearing
to us that the cause of the death of the said E. F. has not
been satisfactorily explained by the evidence of the medi-
cal practitioner and other witnesses already examined
before us, hereby require you to issue your proper order for
the attendance of J. K., a medical practitioner, as a witness
before the said inquest, and to perform a post mortem
examination on the said body, and we hereby name the
said J. K. to you for such purpose, in accordance with the
statute in that behalf.'
Dated at this day of A.D. 18 .
A. B.
CD.
&c. &c.
No. 43.
• RECOGNIZANCE OF JURORS UPON AN ADJOURNMENT.
Gentlemen, you acknowledge yourselves severally to
owe to our Sovereign Lady the Queen the sura of forty dol-
lars to be levied upon your goods and chattels, lands and
tenements, for Her Majesty's use, upon condition that if
you and each of you do personally appear here again {or at
an adjourned place) on next, being the day of
instant, at of the clock in the precisely,
then and there to make further inquiry, on behalf of our
Sovereign Lady the Queen, touching the death of the said
E.F., of whose body you have had the view ; then this recog-
nizance to be void, or else to vemain in full force. Are you
content ?
1 R. S. O. c. 80, s. 9.
374
DUTIES OF CORONERS.
No. 44.
THE CORONER'S ADDRRSS ON ADJOURNMENT.
Gentlemen, the court doth dismiss you for this time,
but requires you severally to appear here again (or at the
adj turned ■place) on the day of instant,
ftft of the clock, in the precisely, upon pain of
$40.00 a man, on the condition contained in your recogni-
zance entered into.
No. 45.
PROCLAMATION ON ADJOURNMENT.
Oyez ! Oyez ! Oyez ! All manner of persons who have
anything more to do at this ou.t before the Queen's
Coroner for this county, may di art home at this time, and
give their attendance here again '• at the adjourned }ylace)
on next, being the day of instant,
at of the clock in the precisely. God
save the Queen.
No. 46.
WARRANT TO BURY AFTER A VIEW.
Canada,
Province of Ontario,
County of
To wit :
To the Minister and Church-
wardens of {or to the proper
authorities having charge of the
intended place of burial) and to all
others whom it may concern. Whereas an inquisition
hath this day been held upon view of the body of R.F.,
who, {not being of sound mind, memory and understanding,
hut lunatic and distracted, shot himself) and now lies dead
in your township ; these are therefore to certify that you
may lawfully permit the body of the said R. F. to be
DUTIES OF CORONERS.
375
buried ; and for your so doing this is your warrant,
under my hand and seal this day of
thousand eight hundred and
A. B.,
Coroner, County of
Given
one
fL.S.]
No. 47.
WARRANT TO BURY A FELO BE SB AFTER INQUISITION
FOUND.i
Canada,
Province of Ontario,
County of
To wit:
County l1
To the Churchwardens of
(or to the proper authorities having
charge of the intended place of burial)
and Constables in the Township of
. Whereas, by an inquiaition taken
before nie, one of Her Majesty's Coroners for the said county
of this day of in the year of the reign
of Her present Majesty Queen Vic'ioria, at the of
in the said county of on view of the body
of J. D., then and there lying dead, the jurors in the said
inquisition named have found that the said J. D. feloniously,
wilfully and of his malice aforethought did kill and murder
himself ; these are, therefore, by virtue of my office, to
will and require you forthwith to cause the body of the
said J. D. to be buried according to law ; and for your so
doing this is your warrant. Given under my hand and
seal this day of in the year of our Lord
one thousand eight hundred and
A.B.,
--' -' Coroner, County of , [L.S.]
^ The interment must take place within twenty-four hours after the
finding of the inquisition (see p. ()9), and the warrant to bury a felo de se
is not to be directed to the minister, for no service is to be said (see p.
69) ; it may be directed to the constables only.
376
DUTIES OF CORONERS.
No. 48. f ■
THE RETURN THERETO.
By virtue ol the within warrant to ub directed, we have
caused the body within named to bu buried according to
law.
CD.,
E. F.,
J.D., Constable.
Churchwardena.
No. 49.
PROCLAMATION ON OPENING ADJOURNED MEETING.
Oyez ! Oyez ! Oyez ! All manner of persons who have
anything more to do at this court before the Queen's
Coroner for this county, on this inquest now to be taken,
and adjourned over to this time f\nd place, draw near, and
give your attendance ; and you gentlemen of the jury who
have been impanelled and sworn upon this inquest to
inquire touching the death of R. F., severally answer to
your names and save your recognizances.
No. SO.
OATH OF OFFICER TO KEEP THE JURY UNTIL THEY ARE
AGREED IN THEIR VERDICT.
You shall well and truly keep the jury upon this
inquiry, and shall not suffer any person to speak to them,
nor shall you speak to them yourself, unless it be to ask
them if they have agreed on their verdict, until they shall
be agreed. So help you God.*
^ Hee pa,i?e 215, note 2.
DUTIES OF CORONERS. 377
No. 51.
CORONER'S ADDRESS TO THE JURY AFTER RECORDING
THEIR VERDICT.
GentLrnen, hearken to your verdict as delivered by
you, and as I have recorded it. You find, &c. {Here repeat
the suhsuince of the verdict, and then add) So say you all.
No. 52.
CAUTION TO AND STATEMENT OF THE ACCUSED.
Canada, \ A. B. stands charged before me
Province of Ontario, I the undersigned, one of Her
County of [ Majesty's Coroners in and for the
To wit : j county of this
day of in the year of our Lord one thousand eight
hundred and by an inquisition taken before me,
this day of in the j^ear of our Lord one thousand
eight hundred and at the of in
the said county of on view of the body of R. F., then
and there lying dead ; for that the said A. B. on the
day of in the year of our Lord one thousand eight
hundred and at the of in the
county of did wilfully murder the said R. F. {or as
the finding may he), and the said charge being read to the
said A. B., and the witnesses for the prosecution, C. D., E. F.,
&c., being severally examined in his presence, the said
A. B. is now addressed by me as follows: — " Having heard
the evidence, do you wish to say anything in answer to the
charge ? You are not bound to say anything, unless you
desire to do so ; but whatever you say will be taken down
in writing, and may be given in evidence against you at your
trial ? You must clearly understand that you have noth-
ing to hope from any promise cf favour and nothing to
fear from any threat which may have been held out to you
378 DUTIES OF COHONERS.
to induce you to make any adraission or oonfegsion cf
guilt, but whatever you now spy nir-y be friven in evidence
again t you upon your trial, notwithstanding such promise
or threat." Whereupon the said A. B. saith as follows : —
{Here state whatever the prisoner may say, and in his very
tvnrds as nearly as possible. Get him to sign it, if he will,
ut the end thus : A. B.)
Taken before me f.c the day and year first above
mentioned.
J. S.,
Coroner, County of •
No. S3.
WARRANT TO APPREHEND THE ACCUSED.
Canada, \ To the constables of the Town-
Province of Ontario, | ship of in the Coanty of
County of ( and all others Her Majesty's
To wit : ) peace officers in the said county,
Whereas, by an inquisition taken before me, G. H., one of
Her Majesty's Coroners for the said county, this
day of at in the said county, on view of
the body of G. R., then and there lying dead, one C. D.,
late of in the said county, labourer, stands charged
with the wilful murder of the said G. R. These are, there-
fore, by virtue of my office, in Her Majesty's name, to
charge and command j'ou and every of you, that you
or some one of you, without delay do apprehend and
bring before me, G. H., the said coroner, or one of Her
Majesty's justices of the peace of the said county, the body
of the said C. D., of whom you shall have notice, that he
may be dealt with according to law ; and for your so doing
this is your warrant. Given under my hand and seal this
day of one thousand eight hundred and
G. H.,
Coroner, County of . [L.S.]
DUTIE" OF CORONER . ' 379
No 54.
WAREANT OF COMMITMENT.
Canada, \ To the consfables of the Towu-
Province of Ontario, | ship of in the County of
County of I and -all other Her Majepty's
To wit : j officers of the peace for the said
county, and to the keeper of Her Majesty's gaol at
in the said county. Whereas, by an inquisition taken
before me, one of Her Majesty's Coroners for the said
county of the day and year hereunder mentioned,
on view of the body of R. L., lying dead in the said
of in the county of aforesaid, J. K., late of
the of in the said county, labourer, stands
charged {here insert the crime charged, for instance, the wil-
ful murder of the said R. L.) These are, therefore, by vir-
tue of my office, in Her Majesty's name, to charge and
command you, the said constables and others aforesaid or
any of you, forthwith safely to convey the body of the said
J. K. to Her Majesty's gaol at aforesaid, and safely to
deliver the same to the keeper of the said gaol. And these
are, likewise, by virtue of my said office, in Her Majesty's
name, to will and require you, the said keeper, to receive the
body of the said J. K. into your custody, and him safely
to keep in the said gaol, until he shall thence be discharged
by due course of law ; and for your so doing this shall be
your warrant. Given under my hand and seal this
day of one thousand eight hundred and
G. H.,
Coroner, County of . [L.S.]
380
DUTIES OF CORONERS.
No. 55.
WARRANT OF DETAINER.
I' I:
Canada,
Province of Ontario,
County of
To wit :
To the keeper of Her Majesty's
gaol at of the County of
. Whereas you have in
your custody the body of J. K.; and
whereas by an inquisition taken before me, one of Her
Majesty's Coroners for the said county of the day
and year hereunder written, at the of in
the said county, on view of the body of R. L., then and
there lying dead, he, the said J. K., stands charged wilh
(here insert the crime charged, for instance, the wilful
murder of the said R. L.) These are, therefore, in Her
Majesty's name, by virtue of my office, to charge and com-
mand you to detain and keep in your custody the body of
the said J. K., until he shall thence be discharged by due
course of law ; and for your so doing this is your warrant.
Given under my hand and seal this day of
one thousand eight hundred and
G. H.,
Coroner, County of . [L.S.]
No. 56.
WARRANT TO TAKE ACCUSED BEFORE A JUSTICE OF
THE PEACE.
Canada, \
Province of Ontario, To all or any of the constables
County of Simcoe. ( and other peace officers in the
To wit : j said County of Simcoe. '
Whereas A.B., of the of in the of
, labourer, has this day, upon an inquisition, taken
before the undersigned, a Coroner for the said County of
DUTIES OF CORONERS. 881
Simcoe, been charged with the manslaughter (or miirdcv)
of E.F. {or a man, woman or male or female child unknown)
of . And whereas, the said A. B. has not already
been charged with the said offence before a magistrate or
justice. These are, therefore, to coraraand you, in Her
Majesty's name, forthwith to take the said A.B. into custody,
and convey him (or her), with all convenient speed, before a
magistrate or justice, in and for the said county of
to answer unto the said charge and to be further dealt
with according to law.
Given under my hand and seal this day of
in the year 18 at in the county aforesaid/
F. H., [L.S.]
Coroner, County of , .
No. 57.
RECOGNIZANCE OF ACCUSED TO APPEAR I ORE A
/USTICE OF THE PEACE.
Canada, \
Province of Ontario, ^^ it remembered that on this
County of Simcoe. j ^^^y of in the year
To wit: ) 18 , A. B., of , [lab-
ourer) L. M. of {ffrocer), and N. 0. of (butcher)
personally came before me, the undersigned, one of the
Coroners for the said County of Simcoe, and severally
acknowledged themselves to owe to our Sovereign Lady
the Queen, her heirs and successors, the several sums
following, that ic to say : the said A. B. the sum of
» 55, 56 V. c. 29, b. 568, Dom.
382
DUTIES OF COltOSKHS.
and the said L. M. and N. 0., the sum of each,' of
good and hiwful current money of Canada, to be made and
levied of their several goods and chattels, lands and tene-
ments respectively, to the use of our Sovereign Lady the
Queen, her heirs and successors, if he {or she), the said
A. B., fails in the condition endorsed (or hereunder written.)
Taken and acknowledged the day and year first above
mentioned at , before me
F. H.,
Coroner, County of
The condition of the within (or above) written recog-
nizance, is such that, whereas, the said A. B. was this day
charged upon an inquisition taken before the within men-
tioned Coroner, for that he {or she), the said A. B., was
guilty of manslaughter {or murder) in causing the death of
E. F. and, whereas, the said A. B. had not already been
charged with the said offence before a magistrate or
justice, and he is required to appear before a magistrate or
justice to answer such charge, and to be further dealt with
according to law ; if, therefore, the said A. B. appears, with
all convenient speed, before C. J., a magistrate of the said
County of Slnicoe, and duly surrenders himself to answer
unto the said charge, and to be further dealt with according
to law in all respects as though he had been brought, or
had appeared, before the said magistrate upon a war-
rant or summons issued by him, and does not depart
without leave of the said magistrate, then the said recogniz-
ance to be void, otherwise to stand in full force and virtue.'
F. H..
Coroner, County of
1 These sums should be settled by the coroner in accordance with
the gravity of the charge. The principal A.B. is usually bound in
double the sum in which each of the sureties is bound. See p. 293.
"65, 56 V. c. 29, s. 568, Pom., and see note 1 to form No. 48.
DUTIES OF vonoxKHs. 383
No. 58.
RECOGNIZANCE TO PROSECUTE, Etc.
Canada, \ Bo it remembered, that on the
Province of Ontario, day of in the year
County of . of the reign of our Sovereign
To it . ] Lady Victoria* of the United
Kingdom of ■ oat Britain and Irehmd, Queen, Defender of
the Faith, A, B., of the township of in the county of
baker; C. G., of the same place, victualler; E. F., of
the same, place, lalionrcr {and so insert the names of all bound
orer) do severally acknowledge to owe to our Sovereign
Lady the Queen, the sum of two hundred dollars, of lawful
money of Canada, to be levied on their several goods and
chattels, lands and tenements, by way of recognizance, to
Her Majesty's use, in case default shall be made in the
conditions following :
The condition of this recognizance is such, that if the
above bounden do severally personally appear at the
Assizes to be holden at in and for the coui\ty of
and the said A. B. shall then and there prefer or cause to
be preferred to the grand jury a bill of indictment against
G. II., and now in custody for the wilful murder of R. F.,
late the wife of the said E. F. {or as ike finding may be) ;
and that the said A. B., C. G., and E. F. do then and there
severally personally appear to give evidence on such bill
of indictment to the said grand jury, and in case the said
bill of indictment shall be returned by the grand jury a
true bill, that then they the said A. B., C. G., and E. F., do
severally ^)ersonally appear at the next Assizes to be
holden for the said county of and the said A. B.-
shall then and there prosecute or cause to be prosecuted
the said G. H. on such indictment ; and the said A. B.,
C. G., and E. F. do then and there severally give evidence
' The years of the reifjn of Queen "Victoria are reckoned from the
20th of June, 1837, consequently up to but not including the 20th of
Juno, 1894, will be the 57th year of her reign.
384
DUTIES OF CORONERS.
to the jury, that shall pass on the trial of the said G. H.
touching the premises, and not depart the court without
leave ; then this recognizance to be void, otherwise to
remain in full force.'
Taken and acknowledged this day of one
thousand eight hundred and before me
C. D.,
Coroner, County of
No. 59.
EECOGNIZANCE TO GIVE EVIDENCE.
Canada, \ Be it remembered (as in the last
Province of Ontario, ' precedent), J. P., of the township of
County of i in the county of
To wit : j blacksmith; T.'P., of the same2>lctce,
victualler; J. R., of the samcjdace, whitesrtiith, the husband
of S. R. ; J. B., of the same iilace, haberdasher, the main-
pernor of J. J., his apprentice, an infant ; J. S., of the
same place, sword cutler, the mainpernor of G. S., his son,
an infant, do severally acknowledge to owe to our Sovereign
Lady the Queen, the sum of two hundred dollars, of law-
ful money of Canada, to be levied on their several goods
and chattels, lands and tenements, by way of recognizance
to Her Majesty's use, in case default shall be made in the
' If a wifo be to give evidence, and the husband be not present to
enter into the reco<;niz;ince, the wife is to be bound, not in any penal
sum, but upon pain of imprisonment, thus : — " Sarah, ilie wife of John
Rmjert of the name place, hatter, on pa'.i of imprisonmenc in case she shall
make default in such condition." If the husband be present he is to bo
bound for the appearance of his wife (not as mainpernor, for they are
but one flesh) and tlie wife's name only is inserted throughout the con-
dition. If an infant or an apprentice be to give evidence, the parent or
master is to be bound in recognizance, thus :^". /()/(« Styles, ut the same
place, sivord-ciitler, the mainpernor of Georije Adams, his apjireiitice," or
" the mainpernor of Georiie Stt/les, liis sou, an infant {as the fact may he)
do severally owe," &c. (as before), and the child's or apprentice's name is
to be inserted throughout the condition.
When the parties are to enter into recognizance call them over by
tlieir names, and state the recognizances in the second person. The
record is usually made out afterwards, and need not be signed by the
Coroner.
DUTIES OF COROSEKS. 385
condition following; and Sasav, the wife of Z.V.,ojtIie
same place, labourer, on pain of imprisonment in case
she shall make default in such condition : The condition
of this recognizance is such, that, if the ahove hounden
J. P., T. P., S. R., the wife of the said J. R., J. J., G. S.,
and S. P., do severally personally appear at the next
Assizes, to be holden at , in and for the county
of , and then and there give evidence on a hill of
indictment to be preferred to the grand jury against C. D.,
now at large, for the wilful murder of Sarah, his wife (or
as the finding 'may he) ; and in case the said bill of indict-
ment shall be returned by the grand jury a true bill, then
that they do severally persona'iy appear at the Session of
Gaol Delivery, to be holden for the said county of ,
next after the apprehending or surrender of the said C. D.,
and then and there severally give evidence to the jury that
shall pass on the trial of the said C. D., touching the
premises ; and not depart the court without leave, then
this recognizance will be void, otherwise to be and to
remain in full force.
Taken and acknowledged, this day of ,
one thousand eight hundred and , before me.'
F. E,, Coroner County of •
No. 60.
COMMITMENT OF A WITNESS FOR REFUSING TO ENTER
INTO RECOGNIZANCE TO APPEAR TO GIVE EVIDENCE.
Canada, \ To the constables of the town-
Province of Ontario, I of , in the county of , •
County of [ and all other Her Majesty's ofticers
To wit : J of the peace in and for the said
county, and also to the keeper of the gaol of the said
county. Whereas, upon an inquisition this day taken
before me, one of Her Majesty's coroners for the county
aforesaid; at , in the said county, on view of the
1 See note to form No. 58.
B.C.— 25
386
DUTIES OF CORONERS.
body of C. D., then and there lying dead, one J. U., of the
township aforesaid, in the county aforesaid, labourer, was
by my inquest then ind there sitting, found guilty of the
wilful murder of the said C. D. ; and whereas one U. B.,
of the township and county aforesaid, yeoman, was then
and there examined, and gave information in writing
before me and my inquest touching the premises, and
which said information he, the said U. B., then and there
before me and my inquest duly signed and acknowledged,
and by which said information it appears that the said
U. B. is a material witness on Her Majesty's behalf against
the said J. U., now in custody, and charged by my said
inquest with the said murder, and the said U. B. having
wilfully and absolutely refused to enter into the usual
recognizance for his personal appearance at the next
General Gaol Delivery to be holden in and for the county
of aforesaid, and then and there to give evidence
on Her Majesty's behalf against the said J. U. touchii^g
the premises, to the great hindrance and delay of justice.
These are, therefore, by virtue of my office, in Her
Majesty's name to charge and command you, u/ one of
you, the said constables and other Her Majesty's otHcers
of the peace in and for the said county, forthwith to con-
vey the body of the said U. B. to the gaol of the said
county, and safely to deliver the same to the keeper of the
said gaol there ; and these are likewise by virtue of my
said office, in Her Majesty's name to will and require you,
the said keeper, to receive the body of the said U. B. into
your custody, and him to safely keep in the said gaol until he
shall enter into such recognizance before mo, or before one
of Her Majesty's justices of the peace for the said county,
for the purposes aforesaid, or in default thereof, until he
shall be from thence otherwise discharged by due course
of law : and for your so doing this is your warrant.
Given under my hand and seal, this day of
, one thousand eight hundred and
G. H., Coroner, county of [L, S.]
JJUTIES OF CORONERS.
387
No. 61.
PROCLAMATION AT THE CLOSE OF INQUEST.
Oyez ! oyez ! oyez ! You goofl men of this township
"who have been impanelled and sworn of the jury to inquire
for our Sovereign Lady the Queen, touching the death of
E. F., and who have returned your verdict, may now
depart hence and take your ease. God save the Queen. '
No. 62.
ORDER FOR PAYMENT OF MEDICAL WITNESS.
By virtue of section ten of chapter eighty of the Eevised
Statutes of Ontario, I, A. B., one of the Coroners of and
for the county of do order you th*» treasurer of
the said county of to pay to the sura of
, being the fees due to liim for having attended
as a medical witness at an inquest holden before mo this
day of upon the body of about
the age of
who was dead at
{or other
particidars or description) and at which said inquest the
jury returned a verdict of . {State the verdict
concisely).
A. B., Co. .ler, County of
Witnessed by me, C. D., of the Township of in the
County of .
To the Treasurer of the County of K
1 Robinson, C.J., said, " Whether the treasurer would be safe in
paying' the Coroner's order, provided it did not appear upon the face of
it to be illef^al, is one question. It is quite another question whether,
wlien he declines to pay it, we should apply the prerof^ative process of a
niniiduinus to compel his compliance with an order which he may see to
be illei^al. The Act only authori.'.es the coroner to make his order upon
the treasurer for the payment of <ucli fees as are mentioned in the Act,
and if he has f,'iven an order for fees not warranted by the statute, we
should certainly not interfere to compel *:heir payment. See In re Askin
V. Charteris, 13 Q. 13. 498.
388
DUTIES OF CORONERS.
No. 63.
SPECIMEN OF A MEDICO-LEGAL REPORT.i
I, the undersigned Thomas Brown, Doctor of Medicine,
member of the Eoyal College of Surgeons, and Licentiate
of the Society of Apothecaries, residing at , and
practising as a surgeon, and registered, hereby declare
that being requested to examine the body of a male infant^
found on the 20th of July, 1882, in a goods-shed of the
London and North-Wesiern Eailway Tompany, I accord-
ingly did so on the 21st day of July, 1882, and that the
following account is a true statement of the facts of the
case : —
The body was that of a well-developed and mature
male child, and as shewn by the facts, born at full term.
Its length was 20^ inches. It weighed 1^ pounds. The
head measured 3^x4:^x5 inches. The nails were well-
developed and nearly reached the ends of the fingers.
There was a good deal of hair on the head, the hairs being
about f of an inch long. Both testicles were in the
scrotum. The pupillary membranes were fully absorbed.
There was not much hair on the trunk. The navel was as
nearly as possible at the middle point of the child's length.
The navel string had been tied and cut oflf 2^ inches from
the body. It had completely withered, and almost separ-
ated from the body. There were no signs of external
injury, except that around the mouth there were longitudi-
nal and transverse markings intersecting one another, such
as the warp and woof of a coarsely woven fabric would
produce if firmly pressed upon the flesh. The extremeties
of the fingers and toes, especially the nails, and the ears
and nose, were extremely livid or dark. On opening the
body, I found the following appearances: — The lungs nearly
filled the chest. The diaphragm reached as high as the
sixth rib. The right side of the heart was loaded with dark
blood. The left side of the heart was empty. The fora-
1 Taken from Prof. Tidy's Legal Medicine, vol, iii., p. 200. And see
remarks upon medico-legal reports on pp. 252, 260.
DUTIES OF COROXERS.
889
men ovale was nearly cloaecl, and the ductus arteriosus was
funnel shaped and closed at the end nearest the aorta.
The pericardium, or hag containing the heart, and the
pleurre, or bags containing the lungs, the lining membranes
of the bronchial tubes and of the interior of the heart,
were all marked with bright star-shaped patches or extrava-
sations of blood. The lungs weighed 1120 grains. The
edges of the lungs were emphysematous, in other words,
the air-vesicles were distended, bloodless and broken down
one into the other. The air-vesicles of the rest of the
lungs were plainly visible to the naked eye, and some
portions of both lungs floated in water. The remainder of
the lungs were gorged with blood, which escaped freely
mixed with froth, when they were incised. These portions
sank in water, although not quite to the bottom of the
vessel. The bronehial tubes contained frothy mucus
mixed with blood. There was nothing remarkable in the
abdomen, except that all the organs and the veins were
distended with dark blood. The umbilical arteries had
closed. In the stomach I found a quantity of starchy food
(probably arrowroot) with some milk, and in the large
intestines there was some frecal matte'' of a brownish
colour. The point of ossification of the lOwer epiphj'sis of
the femur was three lines in diameter. On opening the
head, the membranes of the brain were found much con-
jested and the sinuses filled with dark blood. There were
numerous bloody points in the brain substance. The
brain weighed 10| ounces. The liver Meighed 3 ounces.
From these appearances I conclude : —
1st. That this child was born at full term and alive. •
2nd. That he survived his birth for some days.
8rd. That the probability is that he died from sufifoca-
tion, such suffocation being purposely effected with a
coarse damp towel or cheese-cloth, the marks of the fabric
on the lips and round the mouth being of a coarser nature
390
DUTIES OF CORONERS.
than those caused by the linen or body-clothes generally
in use.
Farther, I have also examined a woman aged about
years, whose name was said to be ,
whom I found in bed at .' She had dark circles
round her eyes. The pulse was weak and compressible, and
over 100 (106) per minute. The skin, etc., of the belly or
abdomen was relaxed, flabby and wrinkled. It was marked
with numerous shiny s-treaksdineffi albicantes) and purplish
marks, similar marks being also found on the thighs.j A.
body in the situation of the uterus could be felt through
the abdominal walln, somewhat larger than a cricket ball.
There was milk in both breasts, and a dark circle (areola)
round each nipple, in which numerous and large follicles
could be seen. The perinfeum was torn for about half an
inch towards the anus, but not extending into it. The
vagina was much relaxed, and had a bruised and dark
api)earance. The uterus felt large and heavy. The
08 uteri was wide open and admitted two fingers. It pre-
sented three or four distinct lacerations, or tears. A
sound could be passed into the uterus to a depth of nearly
five inches. There was a greenish yellow lochial discharge.
The under-linen, bedding, etc., were stained with blood.
From these appearances I conclude : —
Ist. That this woman has been recently delivered, and
probably within a week or ten days.
2nd. That considering the lacerations of the perinfeum
and OS uteri, the child of which she was delivered was in
all probability mature and of full size.
In witness whereof I have hereunto set my hand this
21st day of July, 1882.
(Signed) Thomas Brown.
* See remarks upon the right to examine a woman under these cir-
cumstances on p. 103.
DUTIES OF COROXERS.
391
No. 63 1/2.
WARRANT APPOINTING CORONER'S DEPUTY IN CIVIL
MATTERS,
Canada,
Province of
County of
To wit :
and Province of
To all to whom these presents
shall come. Greeting.
Whereas I, A. B,, of the
of in the county of
, one of Her Majesty's Coroners
for the saitl t'o«/»f//, being called upon to act as a substitute
for the Sheriff, of the said county, that olficer being
, incapacitated by interest {or having made default as the
case mai) he), in the matter of {here state the nature of the
civil business the Coroner is required to perfi>rm.)
Now know ye. That I have nominated, constituted,
and appointed ; and by these presents do nominate, con-
stitute and appoint, C. D., of the of in ihe
county of , (jentleman, my deputy, of and for the
said county of , and do depute and authorize him
to act and execute all things to the said office of Deputy-
Coroner in anywise appertaining or belonging and which
I, myself, might or could lawfully do in the exe^'ution
of the business above mentioned.
In witness whereof I have hereunto set my hand and
seal this day of , A.D., 18
A. B.,
[SEAL.] Coroner, County of
No. 64.
CERTIORARI TO THE CORONER.
[L.S.] Victoria, &c. To G. H., coroner for our county
of greeting. We being willing, for certain reasons,
that all and singular the inquisition, examinations, infor-
mations, and depositions taken by or before you, touching
392
DUTIES OF CORONERS.
the commitment of C. D. to the custody of the keeper of
our gaol at , in and for our county of ,
for murder [or Tnandaughter] as is said, be sent by you
before the Cliief Justice of our High Court of Justice, at
Toronto, do command you that you send under your seal
before our said Chief Justice, in our court before us at
Toronto, immediately after the receipt of this our writ, all
and singular the said inquisition, examinations, informa-
tions and depositions, with all things touching the same,
as fully and perfectly as they have been taken by and
before you, and now remain in your custody or power,
together with this our writ, that we may cause furtlier to
be done thereon what of right, and according to the law
and custom of this province we shall see fit to be done.
Witness, &c.
By the Court.
No. 65.
RETURN THEREON.
The execution of this writ appears by the schedule
hereunto annexed. The answer of G. H., one of the
coroners of our Lady the Queen for the county of
within named, with the seal affixed. (Annex a list of all
the papers returned, numbering them consecutively, and
head the list — Schedule referred to in the annexed writ).
No. 66.
HABEAS CORPUS.
[L. S.] Victoria, &c. To the Sheriff of ' , and also
to the keeper of our gaol at , in and for our county
of , or his deputy, greeting. We command you
DCTIES OF CORONERS.
393
that you have before the Chief Justice of our Ilifih Court
of Justice, at Toronto, immodiately after the receipt of this
our writ, the body of , being coraniittcd and
detained in our prison under your custody (as is said)
together with the day and cause of Jus taking and detainer,
by whatsoever name the said may be called therein,
to undergo and receive all and singular such things as our
said Chief Justice shall then and there consider of con-
cerning him in that behalf; and have you then there this
writ.
Witness, &c. By the Court.
{Endorsed on the bdck of the writ] . The execution of
this writ appears in the schedule hereto annexed. The
answer of , Sheriff, county of
No, 67.
EETURN THEREON.i
I, , of the county of , do humbly
certify and return to the Honourable Chief Justice in the
writ to this schedule annexed named, that before the said
writ came to me, that is to say, on the day of
in the year of the reign of her present Majesty
Queen Victoria, C. D., in the said writ named, was taken
and in Her Majesty's gaol for the said county under my
oustody is detained, by virtue of a warrant under the hand
and seal of G. H., Esquire, one of Her Majesty's Coroners
for the said county, the said C. D., by an inquisition taken
before the said Coroner, on view of the body of R. F.,
lying dead at the , of , in the said
county, standing charged with the killing and slaying of
the said R. F., and this is the cause of the taking and
detaining of the said C. D., which writ, together with his
body, I have ready, as by the said writ I am commanded.
^ On a separate piece of paper and annexed to the writ.
39i
DUTIES OF COItOXER.S.
No. 68.
NOTICE OF BAIL.
In the High Court of Justice, Queen's Bench Diviaion.
The Queen v. G. D.
Take notice that an application will be made in Her
Majesty's High Court of Justice, at Toronto, on
next, or so soon after as counsel con be heard, that the
above-named defendant, then brought into court by virtue
of a writ of habeas corpus, may be admitted to bail for his
personal appearance at the next sessions of Oyer and Ter-
(niner and General Gaol Delivery, to be holden in and for
the county of , to answer all such matters and
things as in Her Majesty's behalf shall then and there be
objected against him, and so from day to day, and not
depart the court without leave ; and the names and
descriptions of the bail are, A. B., of &c. ; E. F., of &c.
Dated, &c.
To G. H., Esquire, Coroner for the county of ,
and to L. M. {the prosecutor).
No. 69.
VENIRE FACIAS TO THE CORONER TO AMEND HIS
INQUISITION.
Victoria, &c. To the Sheriff of , greeting.
We command you that you do not forbear by reason of any
liberty in your bailiwick, but that you cause to come before
us on , wheresoever, &c., G. H., gentleman, one of
the Coroners of your county, to answer to us touching
several defects in a certain inquisition lately taken before
him, upon view of the body of one R. F., there lying dead.
Witness, Sec.
County of
To wit :
DUTIES OF CORON-ERS. 395
No. 70.
OATH OF CORRECTNESS OF ACCOUNT.
Ontario, ] I, A. B., of the of
in the county of Coroner (or
Cunstahle) make oath and say :
1. That the above {or with In) amount for sorvices per-
formed by me is just and true in every particular.
2. That I have not been paid any portion of the charpjes,
nor has any other person received payment for me or on
my behalf, nor has any other person or persons to my
knowledge rendered a similar account for the same ser-
vices. [If there is any charge in the account for ni'iLage,
add the following clause :
3. That to perform such services, I necessarily travelled
from to , being miles.
Sworn before me at the \
of in the county of [ ^•^•'
i.1 • J i? io I Coro !jr (or Medical
this day ot 18 „" ^ ., , , .
„ -j^ , ^ ; Wttness or Constable.)
No. 71.
DECLARATION OF CORONER TO BE ATTACHED TO HIS
ACCOUNT.'
I, C. T>., of the of , in the county of
, one of the coroners for the said county, hereljy
declare that it was made to appear to me by the informa-
' The information, evidence, inquisition and all the papers are to be
attached together and delivered to the Crown Attorney, who will f^ivo a,
certificate that they have been filed with him, and that it appears from
the information and papers there was sufficient grounds to warrant the
holding of an inquest within the meaning of the statute This certifi-
cate, and the delaration above given, must be attached to the Coroner's
accounts.
396
DUTIES OF COROXERS.
tion of A. B., hereto annexed, that there was reason to
believe E. F., hite of {or a person unknown, whose
body lay dead at ) had come to hia {or her) death
from violent (or mifair) means (or state whatever reason for
holdinii the intjuvst nuis (jiven in the infornintion) ; and I
thoreiii)on proceeded to hold an inquest upon the said body,
which inquest resulted in a verdict of the jury lindin;^ the
deceased came to his {or her) death by [here state the verdict
under one of the. fd'owinij heads: Murder, Manslaui^hter,
Justifuiblo Homicide, Suicide, Accidental Death, (spocify-
in}i[ the cause), Injuries (cause unknown). Found Dead or
Natural Death.]
Dated at the day of A.D, 18 .
CD..
Coroner, County of ,
No. 72.
OATH OF MILEAGE.i
I, A. B., constable {or as the case may he) make oath
p.nd say, that I did on the day of in the
matter of the inquest held at on the body of
necessarily travel from to being
miles in order to [}(ere state the nature of the ser-
vice.]
Sworn before me at
this day of A.D.
18 .
C. D., J.P.
A.B.,
Constable
{or as the case may be.)
' This affidavit must be sworn before a justice of the peace, and can
be used by a medical witness or constable, iud is to be attached to the
account rendered for services.
DUTIES OF VOltoyKliS.
31)7
No. 73.
CERTIFICATE OF CORONER TO CONSTABLE S ACCOUNT.
I hereby certify that the above {or witldn) servicea were
performed by CoiiHtaolo A. B., uiuler my clircctiona ((/' the
accninit in an axsiataut constithle's add and that aHsistiuice
was uecessary,' and that tlie account therefor ia correct.
CD.,
Coroner, County of ,.
No. 73 1/2.
CERTIFICATE OF CROWN ATTORNEY THAT PAPERS ARE
FILED AND INQUEST WARRANTED.
Ollice of the Crown Attorney,
County of
I hereby certify that the formal information required
by statute, and the inquisition and papers connected with
the inquest referred to in the annexed account, tof^ethor
with the declaration under oath of the coroner who held
the said inquest, were duly filed in this ollice on the
day of A.D. 18 according to law, and that
[in my opinion it appears from the information and papers
filed, there tvas sufficient grounds to tvarrant the holding nf
such inquest within the meaning of the Art respecting coro-
ners. Or the said inquest tvas held upon my written request
to hold the same.]
F. H.,
County Crown Attorney,
County of
Dated the
of A.D. 18
day
' All accounts muat have the pioper date placed opposite the respec-
tive charges and must be verified by the oath of the party making the
charge. See Form No. 70.
b98
DUTIES OF COROXEliS.
INQUISITIONS,
No. 74.
THE CAPTION OR INCIPITUR OR BEGINNING OF EVERT
INQUISITION OF DEATH.
Canada,
Province of Ontario,
County of
To wit :
of
dav of
\ An Inquisition taken for our
Sovereign Lady the Queen, at
the house of A. B., known by the
sign of situate in the
in the cou ity of on the
18 in the year of the reign of
our Sovereign Lady Victoria/ (and by adjournment on the
ilay of or as the case may he) before C. D., Esquire,
one of the coroners of our said Lady the Queen for tlie said
cotintt/, on view of the body of E. F., then and there lying
dead, upon the oath {or oath and affirmation) of [naming
all the jurors su-orn] good and lawful men of the said
county, duly chosen, and who being then and there duly
sworn, and charged to inquire for our said Lady the Queen,
when, where, how and by what means the said E. F., came
to ]iis death, do upon their oath say — Tliat,&c., [Thenfol-
lou'S the verdict or findinfi of the jury, and after that Die
a' f "Station or closing part of the inquisition. See the next
form.
No. 75.
THE ATTESTATION OR CLOSING PART OF EVERY
INQUISITION.
[After the caption and verdict should follow the attesta-
tion in these words ;] In witness whereof, as well the said
coroner as the jurors aforesaid, have hereunto set and
subscribed their hands and seals the day and year first
above written. [Under the attestation the coroner signs his
name, adding his office, thus: "Coroner of the county of
^ See note form No. 58.
DUTIES OF CORONERS.
399
," and the jury siffii their names in rotation under
the coroner's. A seal had better he affixed fur the coroner
and fur each of the jurymen.]
No. 76.
HOMICIDE BY INFANTS UNDER DISCRETION.
By drowning himself,
[Copy caption as at p. 898 and then proceed,] that the
said K.F., then being an infant under the age of discretion,
to wit, of the age of years, not having discernment
between good and evil, on the da^ of in
the year aforesaid, into a certain river of water commonly
called the did cast and throw himself, by means
of which casting and throwing the said K.F., then be'ng
such infant under the age of discretion as aforesaid, in the
waters of the said river was then there suffocated and
drowned ; of which said drowning and suffocation he, the
said R.F., then there instantly died ; and so the jurors
aforesaid upon their oath aforesaid, do say, that the said
R.F., so being such infant under the age of discretion as
aforesaid, in the manner and by the mer is aforesxid, did kill
himself. In \yitness, &:c.[ finish with the attestation as at
p. 398.]
No. 77.
By poisoning the deceased.
[Copy caption as at p. 398.] that one C. D., then being
an infant and under the age of discretion, to wit, of the age of
years, not having discernment between good and
evil, on the day of in the year aforesaid, a
large quantity of a certain deadly poison called white
arsenic, to wit, two drachms of the said white arsenic,
which the said C. D., so being such infant as aforesaid,
then accidentally found, into and with a certain quantity of
400
DUTIES OF CORONERS.
beer did put, mix and mingle, the said C. D. not knowing
that the said white arsenic so as aforesaid by him put,
mixed and mingled into and with the said beer was a
deadly poison; and that the said R.F. afterwards, to wit,
on the day p.nd year aforesaid, did take, drink and swallow
down a certain large quantity to wit, half a pint of the said
beer, with which the said white arsenic was so mixed and
mingled by the said C. D., as aforesaid, the said R. F. at
the time he so took, drank and awallowed down the said
beer, not knowing that there was any white arsenic or any
other poisonous or hurtful ingredient mixed or mingled
therewith ; by means whereof he, the said E. F., then
became sick and greatly distempered in his body; and the
said R.F. of the poison aforesaid, so by him taken, drunk
and swallowed down as aforesaid and of the sickness
occasioned thereby, from the said day of
in the year aforesaid, until the day of the same
month in the year aforesaid, did languish, and languishing
did live ; on which said last mentioned day in the year
aforesaid he, the said R. F., of the poison aforesaid and of
the sickness and distemper occasioned thereby, did die :
and so the jurors aforesaid, upon their oath aforesaid, do
say that the said C. D., so being such infant under the age
of discretion as aforesaid, him, the said R. F., in the man-
ner and by the means aforesaid, did kill and slay, but not
feloniously nor of his malice aforethought ; and so the
said R.F. came to his death. In witness, &c. [finish with
the attestation as at p. 398.
HOMICIDE BY MADMEN, LUNATICS AND IDIOTS.
No. 78.
By thootiiig hiynself.
{Copy caption as at 2?. 398), that the said R, F., not
being of sound mind, memory and understanding, but
lunatic and distracted, on the dav of
Ih-
DUTIES OF COROXERS.
401
in the year aforesaid, a certain pistoi loaded and charged
with gunpowder and one leaden bullet, which pistol he,
the said R. F., in his right hand then held, to and against
the head of him the said R. F., did shoot off and discharge,
by means whereof the said R. F. did then give unto him-
self, with the leaden bullet aforesaid, so discharged and
shot out of the pistol aforesaid, by force of the gunpowder
aforesaid, in and upon the head of him the said R. F., one
mortal wound, of which said mortal wound he the said
R. F. then and there instantly died : and so the jurors
aforesaid, upon their oath aforesaid, do say, that the said
R. F., not being of sound mind, memory and understand-
ing, but lunatic and distracted, in the manner and by the
means aforesaid did kill himself. In witness, &c. {finish
with the attestation as at p. 398).
No. 79.
By stabbing himself, where the caxme and death are in different counties.
{Copy caption as at p. 398), that the said R. F., not
being of sound mind, memory and understanding, but
lunatic and distracted, on the day of
in the year aforesaid, at the , of , in the
county of with a certain penknife, which he, the
said R. F., in his right hand then held, in and upon the
left side of the belly of him the said R. F., near the
abdomen, did strike, stab and penetrate, thereby then
giving unto himself, the said R. F., with the penknife afore-
said, in and upon the le** side of the belly of him, the said
E. F., near the abdomen aforesaid, one mortal wound, of
whioh said mortal wound he, the said R. F., from the said
D.c— 2G
402
DUTIES OF CORONERS.
day of , in the year aforesaid, at the
last aforesaid, in the county last aforesaid, and also in the
of , in the county of aforesaid,
did languish, and languishing did live, on which said last-
mentioned day, in the year aforesaid, he, the said R. F.,
at the last aforesaid, in the county of
aforesaid, of the said mortal wound did die ; and so the
jurors aforesaid, upon their oath aforesaid, do say, that the
said R. F., not heing of sound mind, memory and under-
standing, but lunatic and distracted, in the manner and by
the means aforesaid, did kill himself. In witness, &c.
(finish with the attestation as at ii. 398).
No. 80.
By drowning himself.
{Copy ca])tion as at 2>- 398), that the said R. F., not
being of sound mind, memory and understanding, but
lunatic and distracted, on the day of
in the year aforesaid, into a certain pond of water, situate
in the of in the county of , did cast
and throw himself, by means of which said casting and
throwing he, the said R. F., not being of sound mind,
memory and understanding, but lunatic and distracted, in
the waters of the said pond was then suffocated and
drowned, of which said drowning and suffocation h.>, the
said R. F., then instantly died : and so the jurors aforesaid,
upm their oath aforesaid, do say, that the said R. F., not
being of sound mind, memory and understanding, but
lunatic and distracted, in the manner and by the means
aforesaid, did kill himself. In witness, &c, {finish with
tfie attestation as at p. d98).
DUTIES OF CORO.XKRS.
403
No. 81.
By throwing the deceased out of a windoio.
{Copy caption as at p. 398), that one C. D. , not being
of sound mind, memory and unr^eretanding, but lunatic
and distracted, on the day of in the year
aforesaid, him the said R. F. through and out of a certain
window of a certain dwelling-house, situate at the
of , in the county of , to and against
the ground then did violently cast and throw, thereby
giving to the said R. F., by the casting and throwing afore-
said, to and against the ground as aforesaid, a violent
concussion of the brain, of which said violent concussion
the said R. F. then instantly died ; and so the jurors afore-
said, upon their oath aforesaid, do say, that the said C. D.,
not being of sound mind, memory and understanding, but
lunatic and distracted, him the said R. F., in manner and
by the means aforesaid, did kill and slay, but not feloni-
ously nor of his malice aforethought, and so the said R. F.
came to his death. In witness, &c., {finish with the
attestation as at p. 398).
^Iffi
No. 82.
By shooting himself in a Jit of delirium.
(Copy caption as at p. 398), that the said R. F., then
labouring under a grievous disease of the body, to wit, a
fever {or as the case may he), and by reason of the violence
of the said grievous disease, then being delirious and out
of his mind, on the day of , in the year aforesaid,
a certain pistol loaded with gunpowder and one leaden
bullet, which said pistol the said R. F. in his right hand
then held to and against the head of him the said R. F.,
he, the said R. F., being so delirious and out of his mind
as aforesaid, did shoot off and discharge, thereby then
404
DUTIES OF CORONERS.
giving unto himself in and upon the head of him the said
R. F., with the leaden bullet aforesaid out of the pistol
aforesaid, 'then by force of the gunpowder aforesaid shot
off and discharged aforesaid, one mortal wound, of which
said mortal wound he, the said R. F., then instantly died ;
and so the jurors aforesaid, upon their oath aforesaid, do say,
that the said R. F., so being delirious and out of his mind
as aforesaid, in the manner and by the means aforesaid,
did kill himself. In witness, &c., (finish with attestation
as at x>. 398).
No. 83.
FELO DE SE.
By hanging himself.
[Copy caption as at p. 398), that the said R. F., not
having the fear of God before his eyes, but being moved
and seduced by the instigation of the devil, on the
day of in the year aforesaid, in and upon himself
in the peace of God, and of our said Lady the Queen
then being, feloniously, wilfully and of his malice afore-
thought, did make an assault ; and that the said R. F. one
end of a certain piece of small cord unto a certain iron bar
then fixed in the ceiling of Her Majesty's gaol for the
county of (wherein the said R. F. was then a
prisoner in custody charged with felony) and the other end
thereof about his own neck did then fix, tie and fasten,
and therewith did then hang, suffocate and strangle himself,
of which said hanging, suffocation and strangling he the
said R. F. then 0) instantly died : and so the jurors afore-
^ The respective times of the wound and death must be shewn. The
death must appear to be within a year and a day after the cause of death.
DUTIES OF CORONERS.
405
said, upon their oath, aforesaid, do say, that the said R. F.,
in the manner and by the means aforesaid, feloniously,
wilfully and of his malice aforethought, did kill and murder
himself, against the peace of our said Lady the Queen, her
crown and dignity In witness, &c., {finish uith the attesta-
tion as at I). 3'J8).
No. 84.
By shooting himself.
(Copy caption as at p. 398, and then continue as in the
S3rd form,) did make an assault ; and that the said R. F.
a certain pistol charged with gunpowder and one leaden
bullet, which he the said R. F. in his right hand then had
and held, feloniously, wilfully and of his malice afore-
thought, to and against the head of him the said R. F. did
then shoot off and discharge ; and that the said R. F. with
the leaden bullet aforesaid, out of the pistol aforesaid, then
by force of the gunpowder aforesaid, shot and sent forth
as aforesaid, in and upon the head of him the said R. F.,
feloniously, wilfully and of his malice aforethought, did
strike, wound and penetrate, then giving unto himself with
the leaden bullet aforesaid, so as aforesaid discharged and
shot out of the pistol aforesaid by the force of the gun-
powder aforesaid, in and upon the head of him the said
E. F., one mortal wound, of the breadth of one inch and
depth of three inches, of which said mortal wound he the
said R. F.then instantly died : and so the jurors, &c., [con-
clude as in preceding f(irni).
406
DUTIES OF CORONERS.
No. 88.
Jiy drowning himself,
(Commence as in Form No. 83,) did make an assault, and
that the said R. F. in a certain pond there situate, wherein
there was a great quantity of water, then and there felon-
iously, wilfully and of his nalice aforethought, did cast
and throw himself ; by means of which said casting and
throwing into the pond aforesaid, he the said R. F. in the
pond aforesaid with the water aforesaid was then and there
choked, suffocated and drowned ; of which said choking,
suffocation and drowning he the said R. F. then and there
instantly died. And so the jurors, &c., (Conclude as in
Form No. 83.
No. 86.
MURDER.
(Copy caption as at p. 398,) that C. D. otherwise called
E. F. {or, that a certain person to the jurors aforesaid
unknown) on the day of in the year afore-
said, at in the county of did feloniously,
wilfully and of his malice aforethought, kill and murder
one R. F., against the peace of our Lady the Queen, her
crown and dignity. In witness, &c., {finish with attestation
as at p. 398.
No. 87.
Manslaughter.
Copy caption as at p. 398.) that C. D., on the
day of in the year aforesaid, at in the
county of did feloniously and unlawfully kill and slay
one R. F., against the peace of our Lady the Queen, her
crown and dignity. In witness, &c. (finish with attestation
as at p. 898.
r-
..k
DUTIES OF COROXERS. 407
No. 88.
Excusable Homicide by correction,
«
{Copy caption as at p. 398.) that C. D., on the
day of in the year aforesaid, with a certain cane,
which he the said C. D. in his right hand then held, the
said R. ¥. then being an apprentice to him the said C. D.,
moderately and by way of chastisement did beat and strike ;
and that the said C. D. him the said R. F. with the cano
aforesaid, in and upon the right side of him the said R. F.
casually by misfortune, and against the will of him the said
C. T>., did then beat and strike, thereby then giving unto
him the said R. F., with the cane aforesaid, casually, by mis-
fortune and against the will of the said C. D., in and upon
the right side of him the said R. F., one mortal bruise, of
which said mortal bruise the said R. F., from the said
day of in the year aforesaid, did languish, and lan-
guishing did live ; on which said last mentioned day, in the
year aforesaid the said R. F. of the said mortal bruise did
die. And so the jurors aforesaid, upon their oath aforesaid
do say that the said C. D. him the said R. F., in the
manner and by the means aforesaid, casually and by mis-
fortune, and against the will of him the said C. D.. did kill
and slay. In witness, &c., {finish ivith attestation as at
p. 398.
No. 89.
EXCUSABLE HOMICIDE BY A KNIFE.
{Copy caption as at p. 398), that the said E. F. and one
C. D., on the day of in the year aforesaid,
being infants under the age of 12 years, in the peace of
God, and of our said Lady the Queen, then being in friend-
ship, and wantonly and in play struggling together, and
then and there both falling to the ground, it so happened
408
DUTIES OF CO nOX Jilts.
that, casually and by misfortuno, and af^ainst the will of
hiin the Raid C. D., tlie said R. F., then fell ui)on the point
of a certain open clasp-knife, which he the said C. J), then
had and hold in his right hand ; by means of which said
falling ho the said R. F. did then, casually, by misfortune
and against the will of him the said C. I)., receive one
mortal wound in and upon the right breast of him the
said It. F., of thu breadth of one inch and do^jth of three
inches ; of which said mortal wound the said H. F., from
the said day of in the year aforesaid,
until the day of in the same year, did
languish, and languishing did live ; on which said
day of in the year aforesaid, the said
R F. of the mortal wound aforesaid did die. And so the
jurors, &c., {condiuh as in Fodh No. 88.)
No. 90.
EXCUSABLE HOMICIDE IN DEFENCE OF PERSON.
{Copy caption as at j). 398), that on the day of
in the year aforesaid, the said R. F. being in a cer-
tain common drinking-room belonging to a public house,
known by the sign of , in which said common
urinking-room one C. D. and divers other persons were
then present, the said R. F., without any cause or provoca-
tion whatsoever given by the said C. D., did then menace
and threaten the said C. D. to turn him the said C. D. out
of the said common drinking-room, and for that purpose
did then lay hold of the person of him the said C. D., and
on him the said C. D. violently did make an assault, and
him the said C. D. without any cause or provocation what-
soever did then beat, abuse and ill-treat : whereupon the
said C. D., for the preservation and safety of his person,
and of inevitable necessity, did then, with the hands of
DUTIES OF CORONERS. 409
him the said C. D., defend himself against such the vio-
lent assault of him tiie said R. F., as it was lawful for him
to do ; and the said R. F. did then receive, against the will
of him the said C. D., by the falls and blows which he the
said K. F. then sustained by his the said C. D.'s so defend-
ing himself as aforesaid, divers mortal bruises in and upon
the head, back and loins of liim the said R. F.; of which
said mortal bruises he the said R. F., from the said
day of in the year aforesaid, until the day
of the same month in the same year did languish, and
languishing did live; on which said day of
in the year aforesaid, the said R F. of the mortal bruises
aforesaid did die. And so the jurors aforesaid, upon
their oath aforesaid, do say that the said C. I), him the
said R. F., in defence of himself the said C. D. in manner
and by the means aforfsaid, did kill and slay. In witness,
&c,, {finish with attestation as at p. 398.)
No. 91.
JUSTIFIABLE HOMICIDE AGAINST A STREET ROBBER.
{Copy caption as at p. 398), that the said R. F., with
certain other persons to the jurors aforesaid unknown, on
the day of in the year aforesaid, in and
upon C. D., in the (^ueen's highway then being, feloniously
did make an assault, a::"l hiui the said C. D. in bodily fear
and danger of his life did then put, and one gold watch
of the goods and chattels of him the said C. D. from the
person and against the will of him the said C. I), in the
Queen's highway aforesaid then feloniously did steal, take
and carry away, against the peace of our said Lady the
Queen, her crown and dignity. And the jurors aforesaid,
upon their oath aforesaid, do say that after the said R. F.
410
hi TIES OF COlWSEnS.
and the said persons to the jurors aforesaid unknown, bad
done and committed the felony and robbery aforesaid, th((y
the said R. F. and the said persons to the jurors aforesaid
unknown, did then endeavour to fly and escape for the
same ; whereupon the said C. D., together with E. H. and
E. F., and certain other persons to the jurors aforesaid
unknown, called in and taken to their assistance, did then
pursue and endeavour to take and apprehend the naid
11. F. and tlie said persons to the jurors aforesaid unknown,
for the doing and the committing of the said felony and
robbery ; and that the said R. F. in such pursuit was over-
taken by Ihem the said C. D., E. H. and E. F. and the siiid
persons to the jurors aforesaid unknown : wliereupon the
said C. D., E. H., E. F. and the said persons to the jurors
aforesaid unknown, did then lawfully and peaceably
endeavour to take and appreliend the said R. F., who was
then peaceably required to surrender himself, in order to
be brough to justice for the felony and robbery aforesaid ;
and that the said R. F., to prevent liis benig taken and
apprehended, did then with a pistol loaded with gunpowder
and a leaden bullet which he the said R. P. then had and
held in his right hand, menace and threaten to shoot the
first man that should attempt to seize him the said R. F.;
and that the said R. F. did then refuse to surrender him-
self, and did obstinately and unlawfully stand upon
his defence, in open defiance of the laws of this Province ;
and th? such endeavour to take and appreliend the
said " id the said R. F. did then discharge and shoot
of ad pistol so loaded with gunpowder and a leaden
bi. - as aforesaid, at and against him the said C. D.; and
that on the said R. F. so continuing obstinately md unlaw-
fully to resist and refuse to surrender himself to public jus-
tice, they the said C. D., E. H. and E. F., in order to appre-
hend and take the said R. F., to be brought to justice for the
said felony and robber}', and in order to oblige the said
R.F. to surrender himself for the purpjses aforesaid, did
then, justifiably and of inevitable necessity, attack and
DUTIES OF CUROyERS. 411
assault the said R. F,, hy means wliereof the said R. P. did
then receive in suoh his obstinate and unlawful defence,
and before he could be taken and apprehemled, divers
mortal wounds and bruises, of which said mortal wounds
and bruises the said R, F. did lan;i;ui[ih, and lanRuislun^^
did live ; and that after the said H. F. was bo wounded
and bruised as aforesaid, he the said R. F. was then taken
and apprehended, and on the day and year last mentioned
was lawfully committed to the common gaol for the county
of , and of such mortal wounds and bruises did
then and there languish, and languishing did live ; on
whicli said day of in the year aforesaid, within
the gaol aforesaid, the said R. F. of the mortal wounds and
bruises aforesaid did die. And so the jurors aforesaid,
upon th( • oath aforesaid, do say that the said C. D., E. II.
and E. F., him the said R. F., in manner and by means
aforesaid, in the pursuit of justice, of inevitable necessity
and justifiably, did kill and slay. In witness (finish with
attestation as at p. 398.)
No. 92.
DEATPI BY A CART.
(Copy caption as at p. 398), that Q J), on the
day of in the year aforesaid, in a certain public
highway in the of in the county aforesaid,
being driving a certain cart drawn by three horses, and
hiden with twelve sacks of coal, it so happened that the
said R. F. being in the said highway, was then there
accidentally, casually and by misfortune, forced to tbe
ground by the foremost horse of the said three horses
80 drawing the said cart, and the said cart so laden as
aforesaid, was then there by the said horses violently and
forcibly drawn to and againsi the said R. F., and the ofif-
412
DUTIES OF CORONERS.
wheel of t)ie said cart, so drawn and laden as aforesaid,
did then there accidentally, casually and by misfortune,
violently go upon and pass over the breast and body of the
said R. F., by moans whereof the said 11. F., from the
weight and pressure of the said cart, so laden and drawn
as aforesaid, did then receive one mortal bruise in and
upon his said breast and body, of which said mortal bruise
the said R.F. then instantlydied: and so the jurors aforesaid,
U[)On their oath aforesaid, do say, that the said li. F., in
raann'^r and by the means aforesaid, accidentally, casually
ai J misfortune, came to his death, and not othern-iso.
In witness, &c. {finish with attestation as at p. 398.)
No. 93.
BY THE OVERTURNING OF A CHAISE.
{Copy caption as at p. 398), that the said R. F., on the
day of , in the year aforesaid, then being
in a certain chaise, driving a certain gelding then drawing
the same, it so happened that the said R. F. was then and
there casually, accidentally and by misfortune, overturned
and violently thrown out of the said chaise to and against
the ground, by means whereof the said R. F. did then
receive one mortal fracture in and upon the hinder part of
the head of him, the said R. F., of which said mortal
fracture the said R. F., from the said day of
in the same year aforesaid, until the day of
in the same year, did languish, and languishing did live ;
on which said day of , in the year afore-
said, the said R. F. of the mortal fracture aforesaid did
die : and so the jurors aforesaid, upon their oath aforesaid,
do say that the said R. F., in the manner and by the
means aforesaid, accidentally, casually and by misfortune,
came to his death, and not otherwise. In witness, &c.,
{finish with attestation as at p. 898).
DITIES OF COROXKRS. 413
No. 94.
DROWNED BY THE OVERTURNING OF A BOAT.
( Copy caption as at p. 398), that e said R. F., on the
(lay of , in the year aforesaid, being
ordered by one C. D., his mastei. to fasten the boat of the
said C. D. to her moorings or road in the river
instead thereof did then pin the same to a pile, under one
of the arches of , and in the said boat the said
E. F. did then lay himself down to sleep, and it so hap-
pened that by the flowing in of the tide the said boat (the
said R, F. being then asleep in the same' was then forced
athwart the said arch, and pinned down and overset, by
means whereof the said R. F. was then accidentally, casu-
ally and by misfortune, thrown out of the said boat into
the said river , and in the waters thereof was then
suffocated and drowned, of which said suffocation and
drowning the said R. F. then instantly died ; and so the
jurors aforesaid, upon their oath aforesaid, do say, that tue
said R. F., in the manner and by the means aforesaid,
came to his death, and not otherwise. In witness, &c.,
{finish luith attestation as at p. 398).
No. 95.
BY THE KICK OF A HORSE.
(Copy caption as at p. 398), that the said R. F., on the
day of , in the year aforesaid, was riding
upon a certain horsr of J. K., Esquire, and the said R. F.
from the back of the said horse then casually fell to the
ground, and the horse aforesaid then struck the said R..F.
with one of his hinder Teet, and thereby then gave to the
said R. F. upon the head of the said R. F. one mortal
wound, of which the said R. F. did languish, and languish-
ing did live, from the said day of , in the
year aforesaid, until the day of , in the
414
DUTIES OF COROXERS.
year aforesaid, on which said day of in
the year aforesaid, the said R. F., of the mortal wound
aforesaid, died ; and so the jurors aforesaid, upon their
oath aforesaid, do say, that the said E. F., in manner and
form aforesaid, and not otherwise, came to liis death. In
witness, &c., {finish tvitk attestation as at i^. 398).
No. 96.
BY FALLING FROM THE LEADS OF A HOUSE.
{Copy cajytion as at p. 398), that the said R. F,, on the
day of , in the year aforesaid, being
upon certain garret leads belonging to the dwelling-house
of C. D., situate in i,he township of , in the county
aforesaid, it so happened that, accidentally, casually and
by misfortune, the said R. F. then fell from the said leads
to and against the ground ; by means whereof the said
R. F. then received one mortal wound on the crown of the
head of him the said R. F. ; of which said mortal wound
the said R. F. then and there instantly died. And so the
jurors aforesaid, upon their oath aforesaid, do say that the
said R. F., in manner and by the means aforesaid, acci-
dentally, casually and by misfortune, came to his death,
and not otherwise. In witness, &c., {finish with attestation
«s«f/>. 398).
No. dl.
DROWNED BY BATHING.
(Copy caption as at p. 398), that the said R. F., on the
day of in the year aforesaid, going into a
certain pond situate in the of -— - , in the
county aforesaid, to bathe, it so happened that accidentally,
DUTIES OF CORONERS.
415
casually and by n.isfortune, the said E. F. was in the
3h r °V n''' .'""'^ '*^'" '''^'''''^ ^"^ browned, of
which aid suftocation and drowning the said E. F. then
instantly died ; and so the jurors aforesaid, upon their oath
aforesaid, do say, that the said R. F.. in manner and by
the means aforesaid, accidentally, casually and by misfor-
une. came to his death, and not otherwise. In witness. &c.,
{Jiinsk with attestation as at 2h'62Q).
No. 98.
FOUND DROWNED.
{Copy caption as at p. 398), that the said man. to the
jurors aforesaid unknown, on the day of
in the year aforesaid, was found drowned and suffocated
in a certain pond situated at the of '™''''^'*
the county aforesaid, and that the said man, to the ju^rs
aforesaid unknown, had no marks of violence appear n. on
ns body, .ut how or by what moans the said man becxme
d c,wned and suffocated, no evidence doth appear to th
Jailors In witness, &c. {finisJi with cUtestcUion as at
No. 99.
BY A FIRE.
{Copy caption as at p. 398), that on the day "of
in the year aforesaid, the warehouse of C "d
situate at the of ,-.. n 7 \ '
11 ' in the county aforesaid
casual y took fire, and tl,o said R. F., being tlfen pres™,'
->d a.d,ng and assisting to extinguish tl.e said It™
bapponed that a piece of .i„ber, by the force and v dencl
416
DUTIES OF CORONERS.
of the said fire, accidentally, casually and by misfortune
fell from the top of the said warehouse upon the head of
him the said R. F., by means whereof the said R F. then
received one mortal fracture on the head of him the said
R. F., of which said mortal fracture the said R. F. from the
day of in the year aforesaid, until the
day of the same month, in the same year, did
languish, and languishing did live ; on which said
day of , in the year aforesaid, the said R. F., of tlie
said mortal fracture did die: and so the jurors aforesaid,
upon their oath aforesaid, do say, that the said R. F,, in
manner and by the means aforesaid, accidentally, casually
and by misfortune, came to his death, and not otherwise.
In witness, ka., { finish ivith attentat ion cw at i3. 398).
No. 100.
BY BEING BUENT.
{Copy caption as at p. 398), that the said R. F., on the
day of in the year aforesaid, being alone
in her room or apartment in a certain almshouse, situate
at the of in the county aforesaid, it so happened
as she the said R. F. was then there sitting by her fireside,
that the woollen petticoat of her the said R. F., which she
the said R. F. then had on her body, accidentally, casually
and by misfortune, took fire, by means whereof and from
the smoke arising from the said fire, the said R. F,
was then suffocated and burnt, of which said suftbcation
and burning the said R. F. then instantly died : and so the
jurors aforesaid, upon their oath aforesaid, do say that
the said R, F., in manner and by the means aforesaid,
accidentally, casually and by misfortune, came to her death,
and not otherwise. In witness, &c., (finish with attestation
as at p. 898).
Dl'TIKS OF COP.OXIll:s. 417
No. 101.
BY BKING SUFFOCATED.
{Copii caption a, at p. 398), that the said E. F„ on the
• .1 M^'"' "> f'e year aforesaid, beinff into'i.
.cated w,th hquor, and laying himself down o sleep near
unto a certain tile kiln then burning i„ „ certain hold
commonly called the brick field, situate at the tl
.„„• 1 . ,, '" "'" ™""'^ aforesaid, it so happened that
a e entally, casually and by misfortune, the Ld R F
the aid tt n' """'"r "' ""^" ^™'"« f"» ">« a- i"
and tifled of r 7" '?'? ""^ ""^ '^°^'^' ^''^^-'ed
the sa d E. F. then nistantly died .■ and so the jurors
aforesaid upon their oath aforesaid, do say that th 3
c™llv Zrr ""''^'V'" "^""^ ='f°'-^=^'<'' accidentally,
i?. 398). ^^^^^"es8, cVc, ijimsh with attestation as at
No. 102.
OF A CHILD BY SUDDEN DELIVERY.
Of thprr'''"' V "' "' ^- ^^^^' *^^* C- ^^ tf^e tl^e mother
of the said new-born male child, on the day of
forn.'nf*!!' n "" v'"'"^^' *^^' ^"^^ "^^^^ ^l^iJ^^ ^^id bring
foith of her body ahye suddenly and by surprise and tiaf
the said new-born male child then died Ln 'after' it birth
]n a natural way, and not from any violence 1 urt t
injury receu.d from the said C. D., its mother, or ;ny he
person to the knowledge of the said jurors • noi had hi
said new-born male child any marks of vi le'nce 'e . "
on^h. body, m witness, &c., (,.., .., att.sSZ^^
;>. 398).
B.C.— 27
f
I:
It..
L'iil
li
418 DUTIES OF CORONERS.
No. 103.
BY A DIFFICULT BIRTH AND HARD LABOUR.
{.Copy caption as at p. 398), that the said R. F., on the-
day of in the year aforesaid, being big
■with a certain female child, afterwards, to wit, on the same
day and year, after a violent and lingering pain and hard
labour, with great difficulty did bring forth the said female
child alive ; and that the said R. F., from the said
day of in the year aforesaid, until the day
of the same month, in the same year, of the weakness and
disorder occasioned by such violent and lingering pain,,
difficult birth and hard labour aforesaid, did languish, and
languishing did live ; on which said day of
in the year aforesaid, the said R. F. of the weakness and
disorder aforesaid, occasioned by the hard labour and
difficult birth aforesaid, did die : and so the jurors aforesaid,
upon their oath aforesaid, do say, that the said R. F., in
manner and by the means aforesaid, came to her death,
and not otherwise. In witness, &c., {finish tvith attestation
as at p. 398).
No. 104.
STILL BORN.
(Copy caption as at p. 398) , that the new-born female
child was still born, In witness, &c., (finish uith attestation
as at p. 398).
No. 108.
STARVED.
(Copy caption as at p. 398), that the said R. F., on the
day of in the year aforesaid, through the
inclemency of the weather and the want of the common
necessaries of life, and by no violent ways or means what-
soever, to the knowledge of the said jurors, did die. In
witness, &c., (finish tvith attestation as at p. 398).
DUTIES OF CORONERS. 419
No. 106.
NATURAL DEATH.
{Copy caption as at p. 398), that the said R. F., on the
, . ^^y 0^ in the year aforesaid, and for a
long time before, did labour and languish under a grievous
disease of the body, to wit, an asthma, and on the said
day of in the year aforesaid, the said
E. F., by the visitation of God, in a natural way, cf the
disease and distemper aforesaid, and not by any violent
means whatsoever, to the knowledge of the said jurors, did
die. In witness, &c., (Jinish with attestation at at p. 398.
No. 107.
FOUND DEAD.
{Copy caption as at p. 398), that the said R. F., on the
day of in the year aforesaid, in a certain
field, situate at the of in the county afore-
said, was found dead; and that the said R. F. had no
marks of violence appearing on his body, but, by the visit-
ation of God, in a natural way, and not by any violent
means whatsoever, to the knowledge of the said jurors, did
die. In witness, &c., {Jinish ivith attestation as at p. 398).
No 108.
SUDDEN DEATH BY FITS.
{Copy caption as at p. 398), that the said R. F., on the
^*y °^ in the year aforesaid, being a
person liable and subject to violent fits was for the benefit
of his health, gently riding on a certain gelding, in the
420
DUTIES OF CORONERS.
Queen's common highway, called in the
of in the county aforesaid ; and being so riding as
aforesaid, it bo happened that the said R. F. was then
suddenly seized with a fit, and by reason of the violence
thereof the said R. F. then fell from the back of the said
gelding to and against the ground in the said highway, and
then instantly died ; but had no marks of violence or bruises
appearing on his body : and so the jurors aforesaid, upon
their oath aforesaid, do say that the said R. F., by the
violence of the fit aforesaid, and in the manner and by the
means aforesaid, came by his death and not otherwise.
In witness, &c., {finish with attestation as at p. 398).
No. 109.
BY EXCESSIVE DRINKING.
{Copy caption as atj). 398), that the said R. F., on the
day of , in the year aforesaid, by excessive
drinking, and not from any hurt, injury or violence done
or committed to the said R. F., to the knowledge of the
said jurors, did die. In witness, &c., {finish with attesta-
tion as at 2^. 398).
No. 110.
DEATH IN PRISON.
{Copy caption as at p. 398), that the said R. F., being
a prisoner in the prison aforesaid, on day of
in the year aforesaid, at the prison aforesaid, by the
visitation of God, in a natural way, to wit, of a fever, and
not otherwise, did die. In witness, &c., {finish with
attestation as at p. 398).
DUTIES OF conoNms. 42X
No. ill.
BY HANGING IN EXECUTION OP SENTENCE OF DEATH.
(Copy caption m at p. 398), that the said R. F., bein^
a pnaonei- confined in the common gaol for the county of
, under legal sentence that he be handed bv the
neck until he be dead, was, on day the
day of A.D. 18 , within the walls of the said
gao legally hanged by the neck until he wa d ad t
Juiy aforesaid, upon their oath aforesaid, do say that
iavmg enquired into the identity of the body, of'whth
tZ Tk 1"'." ?"' ""'' "P™ "'''"'' ""« -O" ' h-B been
?en ;"fd : "' "? '■"" P™""^^ «• F-- under sen
ckntitv fl "' ''''"■°"''''' ""^y '■"<= "B-^^rtained the
Identity of the same, and that judgment of death was duly
executed upon the said offender. And the jurors aforesaid
upon their oath aforesaid, do further say, that the sa' l'
deafh' 17"?'' T ^? "'' "'""^ "f"'*'''"' ""'"'= '» '■«
death, and not otherwise. In witness, &c., (finish ,oith
attestation as at 2X B98),'
No. 112.
KILLED BY EXPLOSION OF BOILER OF STEAM ENGINE.
(Copy caption as at p. 398), that on the day of
, m the year aforesaid, the said R. F., being on
board of a certain steamboat called the then
floating and being navigated on the water of the River
, It so happened that accidently, casually and by
misfortune, a certain boiler containing water, and then
forming part of a certain steam engine in and on board of
the said steamboat and attached thereto, and which said
422 DUTIES OF COROXERS.
boiler wa8 then used and employed in the working of the
said steam engine, for the purpose of propelling the said
steamboat along the said river, and was then heated by
means of a fire, then also forming part of the said steam
engine in the said steamboat, burst and exploded, by
means whereof a large quantity, to wit, ten gallons of the
boiling and scalding water and steam then being within
the cavity of the said boiler, and a large quantity, to wit,
one bushel of hot and burning cinders and coals forming
part of the said fire, accidentally, casually and by misfor-
tune, were cast, thrown and came from and out of the said
boiler and steam engine with great force and violence upon
and against the head, face and neck of him the said R. F.,
whereby he, the said R. F., then received in and upon his
head, face and neck divers mortal burns and scalds, of
which said mortal burns and scalds he, the said R. F.,
then instantly died : and so the jurors aforesaid, upon their
oath aforesaid, do say, that the said R. F., in manner and
by the means aforesaid, accidentally, casually and by
misfortune, came to his death, and not otherwise. In
witness, &c. {JinisJc ivith aitestation as at 2>- 398).
No. 113.
KILLED BY COLLISION ON A RAILWAY.
(Cojjy caption as at p. 398), that on the day of
in the year aforesaid, a certain locomotive steam
engine, numbered , with a certain tender attached
thereto and worked therewith, and also with divers, to wit,
ten carriages used for the conveyance of passengers for
hire, on a certain railway called the Railway, and
which said carriages respectively were then attached and
i
DUTIES OF CORONERS 423
fastened together and to the said tender, and were then
propelled by the said locomotive steam enf^ine, were moving
and travelling along the said railway towards the town of
: and the jurors aforesaid, upon their oaths afore-
said, do further say, that whilst and during the time the
said locomotive steam engine, tender and carriages, were
BO moving and travelling along the said railway as afore-
said, a certain other locomotive steam engine, numbered
, with a certain other tender attached thereto and
worked therewith, and also with divers, to wit, five other
carriages used for the conveyance of passengers for hire,
on the said railway, and which said last-mentioned car-
riages respectively were then attached and fastened together
and to the said last-mentioned tender, and were then pro-
pelled by the said last-mentioned locomotive steam engine,
and in one of which said last-mentioned carriages the said
li. F. was then a passenger, and was then riding and being
carried and conveyed therein, were then also moving and
travelling along the said railway in a direction from the
said town of , and towards the said first-mentioned
locomotive steam engine, tender and carriages ; and that
the said first-mentioned locomotive steam engine, tender
and carriages, and the secondly mentioned locomotive, steam
engine, tender and carriages being then so respectively mov-
ing and travelling upon the said railway in different and
opposite directions as aforesaid, then accidentally, casually
and by misfortune, came into sudden, violent and forcible
contact and collision ; by means whereof the said K. F. then
received divers mortal wounds, bruises and concussions,
of which said mortal wounds, bruises and concussions
he, the send K. F., then instantly died: and so the jurors
aforesaid, upon their oath aforesaid, do say, that the said
E. F., in manner and by the means aforesaid, accidentally,
casually and by misfortune, came to his death, and not
other*vise. In witness, &c. {Jinish ivith attestation as at
y. 398).
424
DUTIES OF CORONERS.
No. 114.
RETURN OR CERTIFICATE OF DEATH FOR DIVISION
REGISTRAR.
County of
Division of '
Name and
Surniimo of
Deceased.
Sex.
Residence.
Ran it or
Profession.
Duration of
Illness.
Cause of Death.
I hereby certify the foref^oint,' to be a true and correct certificate of
the cause of tlie deatli of the person (or pertsout) tlierein named.
Given under my hand this day of A D. 18
Coroner, County of
1 Each city, town, incorpovated village, townsliip or union of townRhips, is
a Kesistriitioii Division, and the clei'ks of such niunieipalitiea are the Divisiou
Registrars, except in tho Districts of AlKoma, Nipissing, Tliunder hay, Uainy
Biver, Muskok.i and I'arry Sound. For these Utter places Division Registrars are
appointed hv the Lieutenant-Governor in Couucil, who may also appoint Division
Kegistrars for any territorial districts formed after 1Hh7. See K. b. O. c. 40, as, 3
&14.
DITIKs or ro/{t,x/-:/{.\ 425
FORMS RELATLNG TO FIRE INQUESTS.
No. 115.
REQUISITION TO HOLD A FIRE INQUEST.
To A. B., Esquire, one of the coroners of tlie County of
I, the undersigned C. D., of the of in
the county of (occpathu) hevebv require you to
institute an inquiry into the cause or origin of the fire
which wholly {or partly as the case may be) consumed the
shop {or dwelhng or other buildi,u,s) situated upon lot No.
on the side of street in the of
in the county of {or as the case may be) on
the day of A.D. IS . And to ascertain
whether the said fire was kindled by design, or was the
result of negligence or accident*; and I undertake and
agree to pay the expenses of and attending such investi-
gallon.
Bated at this day of A.D. 18
CD.
^ If a jury is required, the requisition must be from an a^ent nf nn
insurance company or three houslholders in the v'ci^dTy o the fire n.^d
fol owf- "• And?o: ':' '° "" f'^^^^ ^°™ ^^'-- mSd wiih^an' "a
the assistant of'ajur;." ''""■'' *° ""'"'''^ "' '''' ^^''^ investigation with
expens"e'^o"the'inZSf *'k" '' -l"*""^"'^ '° '^^'^' ^ municipahty with the
SL^mrmSro^ttcorcilthe^Sf""""^^^"*^' '''' °^ ^' '^^'' ^^^
h. Sa^ the back of the requisition, a short affidavit should in all c-ses
Jeferr JrA''\*r^ ^'"'f "? '^^P""^"* ^'^' ^^^«°" to belie-; lartht re
occurred unZ^^.^^^^^^^^ .'"'^^'''^' "' "'^"'*^'"* conduct or dLi^n or
occurred undei such circumstances as in the interests of justice and for
426 DUTIES OF COROXERS.
No. 116.
REQUISITION OF A MUNICIPAL CORPORATION TO HOLD
A FIRE INVESTIGATION.
To A. B., Esquire, one of the Coroners of the county of
in the Province of Ontario.
The Corporation of the of in the county of
and Province of Ontario, and the undersigned Mayor
and two councillors thereof hereby require you to institute
an inquiry into the cause or origin of the late fire which
wholly (or pai-tly) consumed the shop (or dwelling or other
huildinri) situated upon let No. on the side of
street in the of in the said county
(or as the case may be) on the day of A.D.
18 , and to ascertain whether the said fire was kindled by
design, or was the result of negligence or accident. And
the said corporation undertakes and agrees to pay the
expenses of and attending such investigation, there being
strong special and public reasons for granting this requisi-
tion.
In witness whereof the Mayo: (or other head officer of
the municipality) and two other members of the council of
the said municipal corporation have hereunto set their
hands and seals and the seal of the said corporation, in pur-
suance of the statute in that behalf this d;i,y of
A.D. 18 .
C. D., [Seal]
Mayor.
[Seal of Corporation] E. F., [Seal]
Councillor.
G. H., [Seal]
Councillor.
Endorse the affidavit (form No. 117) on the hack of this
requisition.
DUTIES OF CORONERS.
427
No. 117.
AFFIDAVIT TO BE ENDORSED ON REQUISITION FOR A
FIRE INQUEST.
Canada,
Province of Ontario,
County of Simcoe,
To Wit :
I, C. D., of the of
in the county of Simcoe and Prov-
ince of Ontario, {occupation), make
oath and say : —
1. That a fire wholly {or partly) consumed a shop {or
dwelling or other building) situated upon Lot No.
on the ^ side of street, in the of
in the said county, on the dav of
A.D. 18 .
2. That I have reason to believe the said fire was the
result of culpable or negligent conduct or design, or
occurred under such circumstances as in the interests of
justice and for the due protection of property require
investigation.
3. And my reason for so believing [-, {here state any
reason the deponent may he able to give for his belief.
Sworn beforo me at the"!
of in the County
o^ this day of
, A.D., 18 .
A. B.
Coroner.
CD.
No. 118.
CERTIFICATE THAT ADJOURNMENT OF A FIRE INQUEST
WAS NECESSARY.
Canada, ^
Province of Ontario,
County of Simcoe.
I, A. B., of the of
ih ,,.e County of Simcoe, one of :;i3
coroners of the said county, aereby
certify that daring the investigation held by me as to the
428
DUTIES OF CORONERS.
origin of the fire which took place on the day of
A. D. 18 , by which the shop, {dwelling or other
building) situated upon Lot No. on the
side of street, in the of in the said
county, was wholly {or partly) consumed by fire, it became
necessary to adjourn the said inquiry from the day
of A.D. 18 , to the day of A.D.
18 , {if more than one adjournment give the dates of the
others) and such adjournment was made, and was necessary
in my opinion for the following purpose (here state the
purpose).
Certified under my hand this day of
A.D. 18 .
A. B.
Coroner.
No. 119.
THE CAPTION, OR INCIPITUR OF A FIRE INQUISITION.
Canada,
Province of Ontario,
County of
To Wit :
An inquisition taken for our
Sovereign Lady the Queen, at the
house of A. B,, known by the sign
of situate in the of
in the county of on the day of
in the year of the reign of our Sovereign Lady
Victoria' before C. D., Esquire, one of the coroners of
our said Lady the Queen for the said county, to inquire
into the cause or origin of a certain fire which occurred in
the said of on the day of
A.D. 18 , in the said year of the reign of our
Sovereign Lady Victoria, at or about the hour of o'clock
noon {or in the forenoon or afternoon as the case may he),
whereby the house (or other building) of A. B., &c., situate
^ See note 1, p. 384.
Hl'TJJK OF r.OKOXERS.
429
npoiiLotNo. on the aide of ., .
in the mi,! „( , Street
nine said of (or upon Lot Xo. i„
county of '°"""'°" "^ "r '""'"'''" "f "' "" '«■'■>
Zh , "' "'" '■'""' """' '"' «a« 'Wholly („,. in
P«n) consumed, upon the oath („,• oath and afHrmation"
men of the aa 7""'" 1' TT°''' """'"^' ^°°^ ^"^ '""f"'
men ot the said duly chosen from among the house-
hoWeiy-esident n the vicinity of the said fire • and who
being then and there duly sworn and charged o inqdre'
fo our said Lady the Queen, into the cause or orlTn o?
that /„ Z^T,? '"■ T""'"*' •'° """' "'"'• «""« «ay
that, ic„ {thmfollon the verdict or finding of the jurn „„d
INDEX.
ABATEMENT, of injunctions, 280
ABETTOflS and aiders, 63, 64
ABJURATION of felons, taking, 42
ABORTION, when allowable, 100
ACCESSORY, before the fact, 31, 32, 66
can be none to manslaughter, 66
cannot be guilty of higher crime than principal, 66
and party to offence, 63
after the fact, 66
ACCELERATION of death, 74
ACCIDENTALIA dementia, 69
ACCIDENTS, deaths from, 81, 88
ACCOMPLICE, evidence of, 191 •
ACCOUNTS, how to be rendered, 288, 289
A nnT7 °^ coroners, power to disallow, 13, 14
ACCUSED, statement of, 191, 199, 336
ACID of sugar, symptoms of, 124
antidote to, 152
ACONITVM NAPELLUS (aconite), symptoms of, 148
Ari/-vTTTT.x,x. antidote, 138
ACQUIRED madness, definition of, 60
ACTION, liability of coroners to, 208
ADDITION, or occupation of party, 280
ADDRESSES, to jury, 324, 325, 333, 336
ADJOURNMENT, address on, 333
proclamation on, 333
of inquiry, 223, 242
tnvPM^'fJ^''^^ °^ inquisitions, etc., as evidence, 203
ADVENTITIOUS insanity, 59
^THUSA cijnapium,Bymptomaot,U8
AFFECT AT A dementia, 60
AFFIRMATION of witnesses, 221, 222
AGE, uterine, of a child, 96
AGED persons, death of, from want, etc., 86
AIDERS and abettors, 63, 64
ALCOHOL, deaths from, 86, 99, 143 ---^- ^ -
antidote to, 157
432
IXDEX.
ALFRED, coroners known in time of, 2
ALKALIES, symptoms of, 125
antidotes to, 153
ALKALOIDS, often not found, 118
ALIEN, enemy may be killed in time of war, 75
ALIVE, when is child born, yl
ALLEGIANCE, oath of, to be taken by coroners, 4
AMENDING inquisitions and taking new inquests, '277, 294
AMMONIA, symptoms of, 12()
ANALYSIS, remarks upon, 250, 262, 2C3, 2G4
who shall perform, 250
time required to perform, 204
costs of, 264, 287, 312
ANATOMY, duties under Act, 51, 240
AN ALINE, symptoms of, 135
antidote, 156
ANIMALS, experiments on, not conclusive, 117
ANTAGONISM of poisons, 115
ANTIDOTES, general remarks upon, 161
for sulphuric acid (oil of vitriol), 151
nitric acid (aqua fortis), 152
hydrochloric acid, 152
oxalic acid (acid of suf^ar), 152
phosphorus, 152
alkalies, 153
arsenic — arsenious acid, 153
corrosive sublimate (chloride of mercury), 154
lead, 154
copper, 155
antimony, 155
zinc, 155
cantharides, 155
tin, 155
nitrobenzole (essence of mirbane), 156
aniline, 156
carbolic acid, 156
prussic acid (hydrocyanic acid), 156
colchicum, 156
opium — laudanum, 157
morphine, 157
alcohol, 157
chloroform, 157
chloral hydrate, 157
strychnine, 157
aconite— aconitine, 158
belladonna — atropine, 158
LXDEX. 433
ANTIMONY, symptoms of, 132
antidote, 155
ANTIQUITY of office of coroner 1
APOTHECARIES and chemist, how liable. 86
APPEAL, of felony, 42 BO'e, ao
APPOINTMENT, of coroners, 5
APPRENTICE, death of, from want or neglect, 86
AOVA FOnTT^ ^°'' ^""'^ "''"* *° ^'^^ evidence, 293
AljUA FORTIS, symptoms of, 123
antidote, 152
t^otJS^^^^^' ^'^ '"1"i«ition abolished, 302
ARREST, coroner's privilege from, 48
of sheriff by coroner, 37
ARSENIC, sympton s of, 126
antidote, 153 ■ '
ASSAULT, provocation by, 106
ASSIGNMENT, of bond in replevin, 35
ASYLUM, deaths in, 15
ATHEISTS, their evidence, 190 and note
ATHELSTAN, charter of 2
ATROPINE, symptoms of, 150
antidote, 158
ATTACHMENT, of coroners, 39
ATTESTATION,T£ 27"'284 ' '^ '"""'"^ '^"""'^' ''
ATTITUDE, at death, 237
ATTORNEY-General v. Moore 4'>
ATTORNEYS, privilege o., igo"
AUDIT, of fees, 13, 47
AUTHORITY, of coroners, 10
depends on residence in some cases, 22, 23
B.
BALHAM, inquiry, 295
BAIL, accepting, 292, 293
BASTiRTf rV?l'V°*' *° ""'"^ '"^"^«'«' 196, 207, 226.
St aItS?' ^^*^ °^' ^y exposure, 86, 98, 102
If A wp '""^ °°"'^"°' °^ P^^*^^« ^' '"i-^^^t^. ^^2
iiEAVER poison, symptoms of, 147
BELLADONNA, symptoms of, 150
antidote, 158 -'
BF vITm V T^'*"' "P°" '"'i"^^* °" body of , 230
iJJiiVERLY, charter to, 2 ^ " •
BIRTH, live, 91 ' /
B.C.— 28 /
434
IXDEX.
BLOOD, tests of, 178, 182, 183, 184
examinatirii of spots of, 179
BLOATED features, how to restore, 254
BODY, how much of, necessary for inquest, 18, 253
disposinf? of, to prevent inquest, 19
power of coroner to take up, 206
the place where found, 233
position of, 235
marks upon, 238
foimd in ice or snow, 235
natural warmth of, 239
surrounding objects of, 241
warrant to bury, 245
of lunatic, burial of, 246
of convicts, disposal of, 246
to restore features of, 254
burial of, 19, 68, 70, 245, 246, 248
expenses of burial, or exhuming, of, 287
BONDS in replevin to coroners, 35
BORN alive, when is a child, 91
BOUNDARIES, felonies committed near, 44, note 2
BOXING, deaths from, 80
BRAVO, inquest on Mr., 295
BREATH, death from holding the, 255
BROKEN heart, death from a. 170
BRIBES, coroners taking, 51
BROWN V. Gordon, 36
BRUISES and wounds, 159
BURIAL of felo de se (and see under Body), 68, 70
of body when proper, 19, 245, 246
expenses of, how paid, 287
G.
CADAVERIC ecchymoses, 163
CANTHARIDES, symptoms of, 136
antidote, 155
CAPABILITY to commit crimes, 57
CAPTAIN of vessel, when liable, 85
CAPTION of inquisitions, 273
CARBOLIC acid, symptoms of, 135
antidote, 156
CARELESS driving, deaths from, 81, 84
CARRIERS for hire, responsibility for accidents, 82
CASUAL deaths, definition of, 185
IXDEX.
435
CEREBRAL poisons, 138
CEREBRO-SPINAL poisons. 148
"iVmiolumV' Crown-Attorney that papers filed, etc.. 288
i^i'^UlIOliARI to coroner, 297, 299. 300, 301
CHARACTER ° '^''"*"'*?^ ^^'"""^-^ *« certify record, 270
V.UAKACTER, evidence of sood, admissible 201
CHARGE of offel::::;::;r^t,t82"' ''^' ^"' ^"^^ '-''- '''• ^«2
to jury after being sworn, 325
^° "'"'^^ ^^*®'" ^'^^^ °^ ^°'iy. 327
CHEMISTS, how liable for carelessness, 86
fees of, 312
CHILDREN, inquests on, 16, 17
death of, from want or neglect, 86
evidence of, 189
CHLORIDE of mercury, symptoms of. 129
antidote, 154
CHI nvnvnSil'"'^' '"'"*'°"« ^^ to use of, 263
CHLOROFORM, symptoms of, 139
antidote, 157
CHLORAL hydrate, symptoms of, 140
^^ antidote, 157
CICATRIX of wounds, 175
CHRISTIAN SCIEVri^TV +i
CTrnrj '^^'^''-^^^'^'-'''^ the case of the, 297
CICUTA maculaia, symptoms of. 147
^LANDENANy. Dickson, etal, 36
CLERKS o?f,''p"""^**^°^' ^"^'-' -'•'-. 202
CLERoImeN: ^wLre o7 li,? '"" '' ^^^^^^^^^ *^ — ^^
CLOTHING, marks upon, 238
COERCION, in committing crimes fil
COLCHICUM, symptoms of, 136
antidote, 156
COLOURS, observation of 255
COMBAT, deaths in mutual 79
COMMITMENT of witnesses, 223
for obstructing proceedings, 272
of accused, 237
COMMON law i„™aio.„„ p„,„.„, ,, „,,^. „, ^^^^^^ ^^
i
436 INDEX.
COMPETENT skill, deaths from waut of, 81
COMPETENCY of witnesess, 187
CONCEALMENT of birth, no presumptive evidence, 100, 104
should not be found, 100
CONDUCT of parties at inquests, 242
CONFEDERATES, evidence of, 191
CONFEBSION.of felons, taking, 42
of accused, 191, 199, 33G
CONIUM maculatum, symptoms of, 148 t
antidote, 159
CONSENT of party killed is no excuse, 76
CONSERVATORS of the Peace, coroners as, 10
CONSTABLES, lists of, to be furnished to coroners, 49
accounts of, how rendered, 288, 290
can be sworn as jurors and witnesses, 193, 247, note 2
fees of, 314. 315, 316
must make returns of services, 217, 218
CONTINUING and adjourning the inquest, 242
CONTUSED wounds, remarks on, 162
CONVICTS, inquests on death of, 15
disposal of bodies of, 246
COPPER, symptoms of, 131
antidote, 155
CORD, marks of, on neck, 236
CORONERS, not generally qualified to be magistrates, 3
several may take inquest jointly, 19
their rights, 46
their jurisdiction, 43
as conservators of the Peace, 10
authority of, 10
evidence of, 192
duty of, 10
fees and their remedy for them, 47, 303
liability of, 50
removal of, 55
misconduct of, 50
sheriffs cannot be, 55
their court, when and where holden, 204
who may attend, 207
the jury and how summoned, 209
the witnesses and how summoned, 220
counsel at, 196, 207, 226
opening of, 228
viewing the body at, 230
continuing and adjourning, 242
the medical testimony at, 249
I
CORONERS- Co«<jn««d.
their court, the depositions at, 2C8
obstructionB of, how punished, 272
the inquisition of, 273
publication of proceedings at, 285
defraying expenses of, 28«
is a court of record, 2, 208
CORPqi? n,! f * , ''""^ '* ''^n o"'y be kept alive. 245
CUKI SE, mixture for, when offensive, 254
CoSrSsi^v?^ by parents and others, deaths from, 80, 108
CUKRO&IVE sublimate, symptoms of, 129
antidote, 154
COUNSEL, their rights at inquests, 196, 207 22«
COURT, coroners' (see under Coroners), 204 '
CRIMES which come under notice of coroners, 67
who may comma, 57
excuses for, 57, 58, 60, 62
CRIMINALS, duty of coroners on execution of 12 H 17
CROSS-EXAMINATION of witnesses. 201 '
CROWN-ATTORNEY, certificate of, that papers filed, etc., 288
right of, 246
CUTIS amerina, what its presence proves, 238
437
D.
DATUBA stramonium, symptoms of, 150
antidote, 159
^^VWSON. Re. and the Quarter Sessions of Waterloo, 47
JJAlls v. Pembrokeshire (Justices), 11, note 51
DEADLY nightshade, symptoms of, 76
DEAF and dumb, the, their accountability, 59
DEATH, lapse of time since, 239
DECLARATION of coroner before inquest, 12 287
JJii COliONAlORE exonerando, writ of, 55
DEFECT of will and understanding 59
DEFRAYING expenses, 286
DEFLECTION of balls, 174
nr J^fSS??!^^ "^y ''''°'P' ^'°™ responsibility, 59
JJtMLNTlA accidentalis, definition of, 59
DEMENTIA affectata, definition of, 59, 60
DEMENTIA naturalis, definition of, 59
DE0DAND8, abolished, 185, 246
DEPOSITIONS, at inquests, 268
should be certified by coroner, 269
return of, 269
438 iNhKX.
DEPOSITIONS— Cont/HU/'rf.
wlicn taken in abaence of accused, effect of, '270
when evidence, 270
DEPUTY, power of coroners to appoint a, 10, 17, 40, 46
DESCRIPTION of the crime charged, 281
of deceased, 270
DETAINER, warrant of, ;«7
DIRECTION of a ball, how'determined, 174
DISAGREEMENT of jury and diHcharge of, 110
DISQUALIFICATION of coroners, 2
DISINTERRING body, to hold inquest, 19
DIVISION Retiistrar, who is, HO
returns to, 30
DISINFECTANTS, for offensive corpse, 254, £57
in poison cases should be avoided, 2.'4
DISEASE, effect of, on poisons, 114, 115
DISSECTION in poison cases, 259
DOCUMENTS, proof of, 203
DOSE, size and form of, affect action of poisons, 115
DRAWINGS are useful as evidence, 200
DRIVING, deaths from careless or furious, 83
DROPPING infants, deaths from, 87
DRUNKENNESS no excuse for crime, 00
DUELLING, deatha from, 80
DUPLICATE, inquisition in some cases to be in, 17
DUTY, of coroners, generally, 10
as conservators of the peace, 10
in inquests of death, 11
in fire inquests, 24
to return inquisitions, 29
to execute civil process, 33
other duties, 42
DYING declarations, when admissible as evidence, 197
taking of by medical men, 198, 199
B.
ECCHYMOSIS, liability to mistake, 103
ELISORS, appointment of, 39, 40
EMBALMING, caution as to, 118
ENEMIES, killing of, 75
ENTRANCE and exit orifices, 174. 175
ERSKINE, speech in defence of Hadfield, 60, note
ESCAPE, not to be inquired of, 246
ESCAPING prisoners, killing of, 73
ETHER, symptoms of, 141 -
ISDEX.
EVIDENCE, of, 187
competency, 187
primary, 193
presumptive, 194
matters of opinion, 195
matten of privilege, 190
hearaaj. 197
of relevancy, 201
of priHoners, 191, 221
of husband or wife of prisoner, 191
of coronerH, 192
of jurors, 192
of constables, 192
leadiuf,' questions in taking, 201
of liandwritinf;, 202
of documents, 203 *
of inquisitions, 203
concerning public interest, 197
indecent, 197
dying declarations as, 197
on both sides to be taken, 222, 244
EXAMINATION (ses under Depositions), 268
of dead bodies should be complete, 261
of accused female, remarks on, 103
excluding public from, 207, 208, 226
counsel from, 226
EXCUSABLE homicide, remarks on, 57, o8, 60, 02
EXCUSE, matters of, should be found by jury, 282
EXECUTED criminals, inquents on, 12, 15, 17'
EXECUTION of process by coroners, 33
of criminals, murder by, 73, 110
inquests on criminals after, 12, 15, 17
EXECUTORS of deceased coroner to certify record ^70
EXEMPTION of coroners from serving offices, 48 ' "
EXIT and entrance, orifice of, 174 175
EX PARTE Paniell, 55
EXPENSES, defraying, 286
EXPERTS, evidence of, 195
EXPERIMENTS on animals, not conclusive 117
EXPOSURE, deaths from, 86, 98
439
PF atttptJ'^ .^'*'''™'"^"^ ^y i^'y' 1*^ by coroner, 216
i;±iAl URES mdicate cause of death, 239
to restore bloatad, 254
440
IXDEX.
FEES, co.oners' rif^ht to, 46
schedules of, 303-309
in civil matters, same as sheriffs, 29, 41, 47
remedy for, 47
forfeited in some cases, 54
of medical witness, 310, 311, 312
of chemist, 312
of jurors, 313, 314
of witnesses, 313, 314
of constables, 313, 315, 316
FELO de se, of, 67
burial of, 68, 70
forfeiture of, 69
FELONY, killing, to prevent, 106
FEME covert, crimes by, 61
evidence of, against husband, 191
FENCING, deaths from, 80
FINDING, or inquisition of jury. 273
FIGHTING, wrestling and boxing, death from, 79, 80, 105, 106, 109
FINING jurors, 217
FIRES, inquiries into origin of, 24, 28
jury on inquiries into, 210
fees for inquests on, 26, 307
FLIGHT and forfeiture of, 69, 186
coroners not to inquire into, 186, 246
FOOD, death fron? want of, 86
in stomach of infant, proves li^ e birth, 95
rOOT-PRINTS, comparison of, 234
FOREIGNERS, examination of. 22-:
FORFEITURE, of. 6S, i»B
FORGERY, coroners guilty of, 52
FORMS, list cf, 343
FRACTURES, of skull in infanticide. 102
FROZEN bodies, how to be thawed, 261
FURIOUS driving, deaths from, 81
0.
GAGr V. ^Ues. 45
Gaoler, duty of, wlion dea*h ocours u prison, 15
killing prisdiiers by neglect, etc., 87
GARNETT v. Parrand, 49, 50
GAIiNFR v, Coleman, '*9, 50
GILCHiilST v. Conger, 35
GLYCERIN'j increasps stability of prussic acid, 142
GOOD charactc . , evidouco of, when admissible, "^Ol
GOODS, forfeiture of, 69, 186
GOOSE-SKIN, evidence from, 238
GREAT lakes, within admiralty jurisdiction 46
GREENWOOD, case of, 236
GUESS, don't, when giving evidence, 266
GUN-SHOT wounds, 170
several by one bullet, 172
441
H.
H APE AS corpus, form of, 392
HABIT, effect of, on poisons, 114, 115
wi^fnfi^' ^'■'^'"^'^ ^P««°h in defence of. 60, no^e
rr A t^;.^' "^^^^^^^^t^ regarding, when evidence, 200
HANDWRITING, proof of, 202
HANGING, positions in cases of death by, 285
St^o?;/*^*^'"''"*'''^^*''^^"^. when evidence, 200
Hl^ARSAY evidence, 197
HEMLOCK, spotted, symptoms of, 148
antidote, 159
HIGH and low water mark, jurisdiction between, 45
Court, Judges of, coroner's virtute officii, 5
seas, no jurisdiction upon, 44
HOMICIDE which is not culpable, 107
excusable, 107, 110
by misadventure, 107
in self-defence, 108
per infortunium, 107
se et sua defendendo, 108
justifiable, 110
in execution of law, 110, 111
in ddvancement of public justice. 111
in defence of property, 108
HUSBAND or wife of prisoner, evidence of, 191
subjo^tion of wife to husband, 61
HYDT, OPWT'^n,!rV°^ ^'^^ ^'""^ "'^'^'^^ °^ husband, 86
HYDROCHLORIC acid, symptoms of. 123
antidote, 152
HYDROCYANIC acid, symptoms of. 141
aniidote. 156
HYDROSTATIC .est, 95, 176
I.
ICE or snow, decomp(...d body found in 235
IDENTITY of vi... .a. e^c, should be p.-eserved, 263, 264
of body must be clearly establisheu, 231, 232
of body of executed prisoner to be found by jury, 17 23'>
442 ixDEX.
IDIOTS, their responsib-lity, 59
evidence of, 188
as to bein;^, a question for jury, 59
IGNORANCE, don't be afraid to confess, 2G6
no excuse for crime, 62
IMBIBITION of poison, post mortem, 118
INCAUTIOUS neglect, deaths from, 88
INCIPITUR of inquisition, 273, 398
INDEPENDENT circulation in infants, 91
INFANTICIDE, 75, 90
legal points regarding, 98
by exposure, 86
when is a child born, 91
cautions regarding, 100
evidence in, 103
examination of suspected mother in, 103
concealment of birth no evidence of, lOi
INFANTS, evidence of, 189
capacity to commit crimes, 57
deaths of, from exposure or want, 98
INFIDELS, evidence of, 190
INFIRM persons, death of, from want or neglect, 86
INFORMATIONS required before holding inquests, 12, 18
(and see under Depositions, 208)
INFOIiTUS'IUM, homicide ;)er, 107
INQUEST of death, when to be held, 11, 50, 51, 52
restricted to cause of death, 18
adjourning, 244
holdmg second, on same body, 19, 296
one can be bald on several bodies in some cases, 19
proceedings subsequent to, 292
INQUISITIONS, must be signed by all the jur , 47
need not be sealed, 284
pleading to, 301
copies of, should be kept, 285
traversing, 296
to be returned, 29
the various parts of, 273-284
forms of, 398-424
to be in duplicate in some cn,ses, 17
as evidence, 203
of quashing, 296
of amending, 277
IN re Fergus and Cooley, 26, note
IN re Hull, 52, note
INSANITY may excuse crime, 58. 59, 60
IXDEX.
INSPECTOR of anatomy, 246
of mines, notice to, in some cases, 21
INTENTION, killing without, 81
INTERPRETER, evidence by means of, 222, 243
INTOXICATION, no excuse for crime, 60
insanity from, may excuse, 60
IRON, symptoms of, 134
IRRITANT poisons, 120, 136
443
J.
JAMESTOWN weed, symptoms of, 150
antidote, 159
JEOFAILS, stat.^ld of, criminal prosecutions cot within «>94
JOHNSTONE, et ah v. Park, et ah, 36, 39
JUDICIAL powers of coroners, 10
notice, not taken of number of coroners, 35
JUNIOR county, coroners for, 6
JURISDICTION of coroners, 43, 44, 45
JURORS, should be able to write their names, 284
fees of, 313, 314
the constables can be, 193, 212, note, 247, note
how to be kept by officer in charge of, 215
coroners are exempt from serving as, 48
fining for non-attendance, 217
how summoned, 209
upon fire inquests, 26, 210
persons exempt from serving as, 210
number of, on inquests, 214, 219, 277
evidence of, 192, 216, 247
'""^* °°*' ''^*"'"" ^^""^^"^ ^'•om their own knowledge, 247
d URY, party, on inquests upon prisoners, 210
upon inquests upon executed criminals, 210
special, must be summoned by appointee of court, 36
discharge of, when they cannot agree, 214, 215
JUS TICES of the peace, coroners cannot be in some cases, 3, 43, 51
may act in absence of coroner in some cases
22, 43, 44
,^ fees of, upon inquests, 47
JUSTIFIABLE homicide, 110
K.
KKIIR V. The Jhituh Amrricm Agtunawc Co., 10, 27
444 INDEX.
L.
LABELLED, how vessels, etc., containing viscera to be, 264
LAKES, great, of Canada within Admiralty jurisdiction, 45
LAUDANUM, symptoms of, 138
antidote, loG
LAW, the, must be taken by jurors from coroners, 216
LAWFUL sports, deaths from, 107
LEAD, salts of, symptoms of, 130
antidote, 154
LEADING questions, when they can be asked, 201
LIABILITY of coroners, 50-56
LIGHTNING, effects of, 238
LIQUORS, spirituous, deaths from, 86, 99
LIVE birth, 91
LIVIDITIES, 2)os« mortem, 164
LOCOMOTION after severe wounds, 168
LUNATIC asylum, person dying in Provincial, 246
LUNATICS, when im^uests to be held upon, 15
their responsibility for crimes, 58
their capacity as witnesses, 189
burial of, 246
M.
MACHINERY, accidents from, 88
MADMEN (see Lunatics), 15, 58. 189, 246
MAGISTRATES (see Justices), 3, 22, 43, 44, 47, 51
MALA praxis of physician, 76, 85
of coroners, 50
MALICE, express and presumed, 77
MANDAMUS, writ of, 47
MANSLAUGHTER, no accessory to, 66
definition of, 105
practical remarks upon, 105
depositions in case of, 269
MARKS on the body and clothing, 248
private, should be placed on articles and stains, 254
MARRIED women, their subjection to husbands, 61
MASTERS, subjection of servants to, 61
MAYHEM, appeal of, 42
MEANS of death not material in murder, 75
MEDICAL, practitioners and surgeons, how liable, 76, 85, 196, 250, 252
who qualified as, 249, note 2
testimony of, 249
practical remarks on, 265
I
INDEX.
MEDlCAJj-Continued.
calling a second medical witness, 250, 251
fees of, 310,311,312
should notiefuse to act, 253
request of jury for second, 251, 372
summons for, 365
^^L7t;S • quirendum, writ of, 19, 294
MENONISTS, affirmation of. 221
MILEAGE, proof of. 288, 304«, 310«
^rmnn ^ t ^°'''" °* "°'"°"^"' ^O- 40
MIEBANE, essence of, symptoms of, 134
--^„ . ^ antidote. 156
MISADVENTURE, homicide by, 107, 108 •
MISCONDUCT, of coroners, SO
of jury, a reason for quashing inquisition, 300
MISFORTUMP P''y"'°'^n °^ surgeon. 76, 85
Mlb^ ORTUNE may excuse crime, 62
MISNOMER, of deceased, 276
of party accused, 279
MISTAKE of fact, may excuse crime 62
iU/.5TLi.;rO£, accident to yacht 295 '
MIXTURE to aid recognition of* bloated features. 251
MODE of appomting coroners, 5
MONKSHOOD, symptoms of, 148
antidote, 158
luuuJNijlGHT, recognition by, 173
MORAVIANS, affirmation of, 221
MORPHINE, symptoms of, 139
antidote, 157
practical remarks on, 72
of self, 07
means of death not material in, 75
death must happen within a year and a day 68
in, there must be malice, 77 « ^ay, 68 _
upon provocation, 78
in mutual combat, 79
in duelling, 80
by correction, 80
depositions in crses of, 268
MUSHROOMS, Hymptomso; 1.37
MUSQUASH root, symptoms of, 147
445
446 IXDKX.
M.
N^EVI materni, or mother's marks, 103
hATURAJAS dementia, remarks on, 59
NAVEL-STRING (see umbilical cord), 97, 99, 100, 101, 102
NAVIGATION, accidents from careless, 85
NECESSARIES, deaths from want of, 8G
NEGLIGENCE, deaths from, 81, 81, 8(i
NEUROTIC poisons, remarks on, 121, 137
NEW inquiry, of taking a, 294
NIGHTSHADE, symptoms of, 150
antidote, 158
NITRIC acid, symptoms of, 123
antidote, 152
NITROBENZOLE, symptoms of, 134
antidote, 150
NON compos mentis, remarks on, 58
NOTES, taking of, at post mortem, 260
avoid theorizing in, 261
NUMBER of coroners for a county, 6, 8
NUMBERS, express them by words, not by figures, 276
NUX vomica, symptoms of, 145
antidoti (same as strychnine, which see), 157
0.
OATH, of allegiance, 4, 348
office, 4, 349
foreman, 361
jurymen, 362
on the voir dire, 366
of interpreter, 368
witnesses, 366
officer in charge of jury, 876
mileage, 396
correctness of account, 395
OBSTRUCTIONS, how punished, 272
OOCUl'ATION of accused. 280
ODOUR, on opening body, to be noticed, 261
OFFENDERS, of, 57
OFFENSIVE corpse, how to disinfect, 254
OFFICE, of coroner, the, 1
abolished in Newfoundland, 2
oath of, 349
i
lyiJKx.
OFFICERS, resistance to. 89
OIL of vitriol, symptoms of, 122
antidote, 151
OMISSION, of duty, deaths from 81 80
zrNG't^^''^^^^^'^-^^-^^^^^'^^
Ul JiiNING the mquest, 228
UflUM, symptoms of, 138
antidote, 156
OUTLAWS, may not bo killed, 75
UAALIC acid, symptoms of, 124
antidote, 152
447
P.
PARENTS v'T'"*"" ''''^ "°* ^« °"- 273
PARENTS, subjection of children to, 61
PABKER V. FJliott, 45
PARTY to offences, 63
jury, 210
charged, 279
antidote, 152
allegation of, 280
PLEADING to inquisitions, 301 '
POISONING, deaths from, 88
POISONS, general remarks upon, 114
effect of habit, disease, sleep, etc., on, 114. 115
size and form of dose upon, 115
combination of, 115
quantity of, found, merely surplus, 117
imbibition of, 118
diseases which simulate. 119
448 INDEX.
POISONS— Confinwerf.
dissection in cases of, 259
used in embalming, 118
classification of, 114
irritant, 120, 136
neurotic, 121, 13V
sulphuric acid (oil of vitriol), 122
antidote, 151
nitric acid (aqua fortis), 123
antidote, 152
nightshade, 150
antidote, 158
hydrochloric acid, 123
antidote, 152
oxalic acid, 124
antidote, 152
phosphorus, 125
antidote, 152
alkalies, 125
antidote, 153
ammonia, 126
arsenic, 126
antidote, 153
chloride of mercury, 129
antidote 154
corrosive sublimate, 129
antidote, 154
salts of lead, 130
antidote, 154
copper, 131
antidote, 155
antimony, 132
antidote, 155
zinc, 134
antidote, 155
iron, 184
tin, 134
antidote, 155
nitrobenzole, 134
antidote, 156
essence of mirbane, 134
antidote, 156
aniline, 135
antidote, 156
carbolic acid, 135
antidote, 156
T^Olmm-Continued.
vegetable and animal irritants, lac
savin, im\
colcliicum, 136
antidote, 156
cantharides, 136
antidote, 155
opium, laudanum, 138
antidote, 156
prussic acid, 141
antidote, 156
vapours of, to retain, 263
alcohol, 143
antidote, 157
tobacco, 143
spinal, 145
strychnine, 146
antidote, 157
cicuta maculata, 147
conium maculatum, 148
antidote, 159
ffithusa cynapium, 148
sium lineare, 148
aconitum napellus-aconite, 148
, antidote, 158
datura stramonium, 150
antidote, 159
nux vomica, 145
antidote (same as strychnine) 157
cerebral, 138 '' '
morphine, 139
antidote, 157
chloroform, 139
antidote, 157
chloral hydrate, 140
antidote, 157
ether, 141
hydrocyanic acid, 141
' antidote, 156
of snakes, 144
cerebro spinal, 148
POSTTulS '7f '^'^°"' ^^''"^" evidence, 197
POSITION of the body when found, 235
fO. r mortem, mode of performing, 256
precautions',''* h''^'"*^ ''^""^^ "°* ^' Pr^«^»t at, 256
r«i!.OAUTI0Nb, deaths from 2.eglect of ordinary 81
B.C.— 29
449
450 IXDKX.
PREMEDITATION, ttriinkenness may show a want of, KO
PUESUMPTIVE evidence, 194
in infanticide, 104
PREVENTING inquont by disposinj^ of body, PJ
PRIMARY evidence, 193
PRINCETON murder case, remarks upon inquest, 230
PRINCIPALS and accessories, 63, fifi
PRISONER, inquest on body of, 14, 15, 20
deatli of from want or neglect, 80, 87, 88
statement of, when evidence, l!(I, I'M
caution to, before receiving his statement, 200
evidence of, 191, 199, 221
jury on inquest upon body of, should be a party one, 210
killing, to prevent escape, 73
PRIVATE, power to conduct inquest in, 207, 243
marks should be placed on articles, stains, etc., 254
PRIVILEGE, of coroners, from arrest, 48
matters of, in evidence, 196
PRIZE fighting, deaths from, 79, 80, 106
PROCEEDINGS, at the inquest, 317
subsequent to the inquest, 292
PROCESS, coroners execute civil, in some cases, 33
PROCLAMATIONS (see appendix of forms), 343
PROGRAMME at inquests, 317, 339
PROOF of, handwriting, 202
documents, 203
PROVINCIAL, coroners, 7, 11, 27, 28, 307, 341
asylum, persons dying in, 245, 24G
penitentiary, persons dying in, 240
PROVISIONAL judicial districts, coroners for,
PROVOCATION, homicide upon, 77, 79
PRUSSIC acid, symptoms of, 141
to retain vapours of, 263
antidote, 156
PTOMAINES, remarks on, 116
PUBLIC interest, matters of, in evidence, 197
duty, deaths from resistanre to, 89
rights of, to attend inquest, 207
PUBLICATION of proceedings, 285
PUNISHMENT of children, etc., deaths from, 80
PUTREFACTION, in utero, sign of dead birih, 95
simulates marks of violence, 165
INDEX.
451
0.
QUALIFICATION, of coroners, 2
of jurora, 296
o' medical men, 210, note 2
^ttTIJmI'''^ °' P°'^°" '"'"'"' '"'"■^•y Burplua, 117
QUAKERS, affirmation of, £21
QUAIiTER BosaionB, could refu.so accountH for unneco.Hary in.,„eBtB, U
OUARHTNr- • • • """'^ ^^ """'Pell^d to audit. 47, note 3
WUAbHiNG inquisitions, 295
QUEEN'S yacht, accident to, 295
QUESTIONS, leading, 201
RACING, deaths from, 84, 85
RAILWAYS, accidents upon, 88
REASONABLE und probable cause for act of coroner 1')
RECOGNITION of features, mixture to aid, 254
RECOGNIZANCE, 292, 293
RECORD, coroner's court is a court of, 2, 208, note 3
RELEVANCY of evidence, 201
REMOVAL of coroners, 55
REPLEVIN, writ of, directed to coroners, 35
REPUTATION, popular, when evidence, 197
REQUISITION to ],old fire inquest, 26
RESCUE, killing in attempt to, 113
RE^J^T^lTw ""'?'"' '"'^ deternnnc jurisdiction, 22, 23
RESISTANCE to public duty, deaths from, 8!»
R .ASPIRATION, as a test of live birth, 92, 93
tji,.mTT ^''^"' P''e>'ention of, 98 '
KETURN of inquisitions, 29
of writs, etc., by coroners, 38, 30
to division Registrar, 30
REX V. Kent (Justices), 13
V. Dolby, 38
RKG. V. Bfi-nj, 43, 44
HEX V. Harrison, 52
REX V. Norfolk (Justices). 47
REG. V. Sharpe, 45
RIGHTS, of coroners, 46, 48. 49
to fees, 46
to exemption from serving offices, 48
to freedom :rom arrest, 48
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452 ixDKX.
RIGOR mortis, duration of, otc, 239
RIOT, what constitutes a, 112, note
RIVERS, accidunts on, 85
ROYAL fishes, inquiries of, 42
S.
SALTS of lead, symptoms of, 130
antidote, 154
SAVIN, symptoms of, 136
SCIENTIFIC witnep 9, 102
SCHEDULE of fees, 3C3
SEA, coroners' jurisdiction upon the, 44, 45
between lii^h and low water mark of, 45
SEAL, no common one should be used, 263
duplicates of, to be sent chemist, 264
SEALING inquisition, 284
SECOND inquest on the same body, 19, 294, 295, 296
SELF-DEFENCE, homicide in, 108
SELF-MURDER, or felo de se, 67
SEPARATION of counties, appointment of coroners on,
SERVANTS, their subjection to their ma&oers, 61
death of, from want or neglect, 86
SERVICR of process on sheriffs by coroners, 39
SESSIONS, allowance of accounts at the, 13
SHERIFF, coroners act as substitute for, 33
judgment against, how levied, 34
who forfeits office is still to execute process, 34
when, dies, process must be awarded to deputy, 34
process against deputy, to be awarded to sheriff, 35
arrest of, by coroner, 37
cannot be coroner, 55
SHOCK, deaths from, 167
SHOOTING, deaths from, at targets, 107
SHOP and tavern license disqualifies coroners in N. S., 4
SIMULATION of poisons by diseases, 119
SIUM lineare, symptoms of, 148
SKILL, deaths from want of, 81
SKILLED witness, 196
SLEEP, effects of, on poisons, 114, 115
SNAKES, poison of, 144
antidote, 145
SKELETONIZED, when a body becomes, 19
SOIL, peculiarities of, to be noticed, 234
IXDEX. 453
SOLENT, diaaBter on the, 295
SOLICITOflS. privilege of, 196
SOVEREIGN, coroners, 6, 7
SPECIAL jury, coroners not to summon, 36
o^fx;:?^^ analysis, in detecting? blood, 184
ol:'lNAL poisons, 115
STAINS, direction of, to be noticed, 234 '
l^mS'lfon? T magistrates can hold inquests in some cases, 3, 24. 33
bir-lKirUO US liquors, deaths from, 86. 99 . -». ^^
SPORTS, deaths from, 80
STABS, remarks on, 162
STARVATION, deaths from, 86, 102
STATEMENT, of prisoner, when evidence against him, 191, 199, 200
caution to prisoner before his, 200
STATUTFq , ''''*"*^' *° ^^^^'"^ '^"d «"ffe"ng. when evidence, 200
oxAl UIES, coroners are not entitled to. 48
STRAMONIUM, symptoms of, 150
antidote, 159
STEAMBOATS, accidents from, 85, 88
hiRUGGLlNG, after mortal wounds, 169
STRYCHNINE, symptoms of, 146
antidote, 157
SUBJECTION, persons in, to others, 60
IuFFOcIt^h;''.'''™'"' '■'^'"■"•"^' ^^^^"^ evidence, 200
SUFFOCATION, deaths of infants by 101
SOICIDES,/.torf,,,, 67,235
burial of, 68, 70
SULPHURIC acid, symptoms of, 122
antidote, ^ol -
SUMMONS (see forms), 343
SUNDAY, holding inquests on, 19, 207, 275
SUPER visum corporis, inquests must be 230
SURGEONS, how U.,^M T^'^ ''^^ °°^^ ^"^"^r^' ^^
SWORD-PLAYING, deaths from, 80
T.
-lAKLrEl, deaths from shootmf,' at a 107
454 INDEX.
TECHNICAL words required in somo cases, 283
TENURE of office of coroner, 7
TESTS for blood, 178-184
THAWING frozen bodies, remarks on, 261
THOMAS V. Chiirton, 49, 50
THORN apple, symptoms of, 150
TIME and place, allegation of, 280
required fd analysis, 2G4
allegation of, 275, 280
TTN, symptoms of, 134
antidote, 155
TOBACCO, symptoms of, 143
TRACHEA, loss of voice from wounds of, 169
TRAVERSING inquisitions, 'i90
TREASURE-TUOVES, inquiries of, by coroners, 42
TRIAL, proceedings as to, 292
TUMOURS of the head in children, caution as to, 102
TUNKERS, affirmation of, 221
u.
UMBILICAL cord, remarks on, 97, 99, 100, 101, 102
UNAVOIDABLE necessity, killing from, 109
UNITED Brethren, affirmation of, 221
UNLAWFUL sports, deaths from, 80
UNNECESSARY inquests condemned, 12
accounts for, should not bo passed, 13
UTERINE ago of a child, 96
Y.
VEGETABLE id animal irritants, 136
VENIRE to amend inquisition (see Form No. 69)
VENUE, the, in inquisitions, 274
VERDICT, the, 273, 278
VESSELS containing viscera, etc., how to be labelled, '264
VIEW, inquest can only be on, of the body, 18, 230, 276
VIRTUTE oficii, coroners, 6
u,,..
II
JNDKX. 455
VISCFUA, remarks on packing, etc, 264
VOIR dire, examination on the, 190
oath on Jie (hco Form No. 35) * ,
VOLITION ana locomotion after sever^ wounds, 168
W.
WANTON conduct, deatlis from, 81
WAR, of experts, 266 -
WARRANTS (see Appendix of Forms), 343
WEIGHTS and measures, etc., should be «iven with precision, 265
W1L.L, defect of, 57
WITNESSES, how summoned, 220
can be fined for non-attendance, 220, 223
manner of swearing, 221
should sign their depositions, 223
can be called bac.'c, 216
oath of, 221, 222
competency of, 187
fees of, 318, 314
the medical, 249
fees of, 310,
order for payment of (see Form No. 62)
form or information of (see Form No. 40)
jurymen as, 192
constables as, 193
expert, 195
WIVES, dmth of, from want, 86
how bound over to give evidence, 293
subjection of. to husbands, 61
of prisoners, evidence of, 191
WOLFSBANE, symptoms of, M8
antidote, 158
WOUNDS, examination of, 159 '
inflicted during life, 161
inflicted after death, 162
remarks on, 163
by cutting or stabbing instruments, 165
contused, 166
volition and locomotion after severe, 168, 169, 233
of trachea, may prevent cries, 169
gunshot, 170, 171, 172
cicatrix of, 175
entrance and exit, 174
456 INDEX.
WRECKS, inquiries of, 12
WRESTLING, deaths from, 80, lOG
WRITING, proof of, 202
WRITS, return of, by coroners. 38, 39
direction of, to coroners, 36, 38
Z.
ZINC, symptoms of, 134
antidote. 1S5
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