IMAGE EVALUATION TEST TARGET (MT-3) 4 // A ^«»>?* <0 <^^ ..^^ '^^ r. •^ '/. r/- 1.0 !.l 1.25 1: I4£ 2.5 12.0 1.4 1.8 1.6 V] NEn§. TAOr Sect. 1. For Miscondurt li. To lit' Kciiiovi'd y. For tlie Act8 of Cocorunors • ^•••••a 29 32 •» PATIT IT. THEIR OFFICE AND DUTIES IN PARTICULAR, CITAITER I. OF OFFENDERS. Sect. 1. "Who may ronimit crimos — Infants .3Ji 2. I'erHons Kon compos mentis 34 1. Di'inentiii NatunUis 35 2. Di'tnentia Aoc'ulontalis 35 S. Domt'ntia Aflcctata 36 3. Persons in subjection to the Power of others. 36 4. l♦» 34 35 35 36 others. 36 .... 37 .... 37 38 39 39 CORONERS. .... 43 .... 44 46 .... 47 .... 60 62 03 4 4 4 IX PAnR 4. ^T<>nstr(lsitios t'd 5. I<(';;al Points <>.'» (). Cant ions OG 7. Kvi(k'ru;o GS 4. Maiislaiii,^lif«'r: 1. iK'tiiiitioM 70 2. I'rait ifal Ui'iiiarks 70 6. ExcusiiMt) Iloiiiicide : 1. I'er iiifoi'tuiiium 73 1, Dffuiition 73 2, Tractifal Kcii.urk.s 73 2. Sc I't sun (h'fciulfiRlo 74 1. Dotiiiitioii 74 2. Practical Reinurkd 74 6, Justifialtlc Hornicido: 1. l)ftiiiition 75 2, rracticiii llumurks 75 CIIAPTEIl IV. OF POISONS. Classijication of Poisons. • Irritants. Mineral Non-metallic j Acids (Sulphuric). i Mcta ailoids (l'lios[)horus). Alkalic coinpounds (Potash). ^^^t'^"'^ ] "'iyy ^^«t"J« ""^ \ (Arsenic). (^ ( Compounds . . . . ) ^ Vejijptnblo (Savin). Animal (Cantharldes). Kenrotics. Cerebral (Morphine). tSi)inal (Str^'chnine). Cerebro-spinal (Couiine). Sulphuric Acid 79 Nitric Acid 80 Hydrochloric Acid 80 Oxalic Acid 80 Phosphorus 81 Alcalies 81 Ammonia 82 Arsenic 82 Chloride of Mercury or Corrosive Sublimate 83 l-t( k. PAGE Salts of Load 81 Co])iic'r 85 Anliiuony , 86 Zinc 87 Iron. . Savin 87 87 Colc-liictnn , 87 Cantliaridcs 87 Opium, Laudanum 88 J'russic Acid 8'.> Alcohol 89 Tobacco 90 Strychnino 90 Ciciita Maculata 91 C'onium Maculatum 92 ^Kthusa Cynapium 92 Sium I.incarc 92 Aconitum Napcllus 92 Datum Stramonium 92 CHAPTER V. OF WOUNDS AND BRUISES. Sect l . Examination of Wounds 2. Cliaractcrs of a Wound intlictcd durinf^Life. 3. Characters of a Wound made after Death . . 4. Practical llemarks CHAPTER VI. Op the IlyDROSTATic Test , CHAPTER VII. Blood Tests. 93 94 95 90 105 106 CHAPTER VIII. Of Deodands 110 CHAPTER IX. Of Flight and Forfeiture Ill CHAPTER X. of evidence. Sect. 1. Competency of AVitncsscs 112 1. Idiots" 113 2. Lunatics 114 ■f PAGE . . . 81 . . . 85 ... 86 ... 87 ... 87 ... 87 ... 87 ... 87 ... 88 . . . 89 , . , . 89 . . . . 90 . . . . 90 .... 91 . . . . 92 . . . . 92 . . . . 92 92 .... 92 ... 93 to.. 94 ... 95 ... 90 .... 105 .. 106 .... 110 .... Ill 112 113 114 XI r.vr.R 3. Children 114 4. Tnfiilels 114 6. I'risoners 114 6. Ilusbfiiul or Wife of Prisoner 115 2. Primary Evidence 116 3. Presumptive Evidence 117 4. Mutters of Opinion 118 6. Mutters of Privilege 118 0. Ilearsiiy Evidence 1 1'J 7. lleleviincy of Evidence 122 8. Leadiii<>: Questions 123 9. Proof of Handwriting 123 10. Proof of Documents 124 CHAPTER XT. THE CORON'KUS COURT. Sect. 1. When and whore holden 127 2. Who may attend 128 3. Tlie Jury, and how summoned 129 4. The Witnesses, and how summoned 133 6. Counsel 1 36 6. Opening the Court 136 7. Viewing the Body loS 1. The place wliere the Body is found .... 110 2. The position of the Body 142 3. The nuvrks and spots upon the Body and Clothing 11? 4. Tl)e surrounding objects 1 14 5. The Bearing and Conduct of the Parties in attendance 145 8. Continuing and Adjourning the Court 115 9. The Medical Testimony 151 10. The Depositions 162 1 1 . Obstructions — How Punished 164 12. The Inquisition 165 1. The Venue 166 2. The Place where holden 167 3. The Time when holden MM 4. Before whom holden 1 67 .5. The view 167 C. The description of the Deceased 168 7. Where tht; Body lies 168 8. The Jurors and their Finding upon Oath 168 9. The Charire to impure 169 10. The Verdict 169 1 1. The Party charged 1 70 I It I i PAGR 12. The Addition 171 13. The Alk'ifiition of Time and Place 171 14. The Descriptiou of the Act 17ii 15. The Attestation 171 13. Publication of Proceedings 175 14. Defraying Expenses 175 CHAPTER XII. PROCEEDINGS SUBSEQUENT TO TUE INQUISITION. Sect. 1. With reference to the Trial 179 2. Of Bail 180 3. Of amending and taking new Inquisitions. ... 181 4. Of traversing Inquisitions 182 5. Of quashing Inquisitions 183 6. Of pleading to Inquisitions 185 CHAPTER XIII. SCHEDULE OF FEES. Sect. 1. The Coroner's Fees in Inquests of Death .... 186 2. The Coroner's Fees in Fire Inquests 188 1. In Cities, Towns and Villages 188 2. In Country Parts 188 3. The Coroner's Fees for Executing Civil Pro- cess 189 4. The Fees of the Medical Witness 192 6. The Chemist's Fees 192 6. The Jurors and Witnesses 192 7. The Constables Fees 193 APPENDIX. Forms 195 Index 268 i Th] antiq expcr any J unsui will I? invoh with 4. PAGE 171 171 172 174 175 175 lOX. 179 180 ns.... 181 182 183 185 h 186 188 188 188 il Pro- 189 , 192 192 192 193 , 195 !«•#•• 268 THE OFFICK AND DUTIES OV COllONEllS. PART I. THEIR OFFICE AXD DUTIES GEXERALLY. CHAPTER I. OF THE OFFICE AND APPOINTMENT OF CORONERS. Sect. 1. The Antiquity of the Office j 2. Qualifimtionft . 2 ,1 '^- -^^'Jilf^ of Appointment i! I " I — ♦ ! Sect. 1. • m ^''"' ^"''V'tt!/ 0/ the OJhe. . The common law office of Coroner is one of creat antiquity, and much learning and research ha™ 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 ■ wdl suffice to state that the origin of the office is nvolved ,n obscurity, but it is supposed to be coeval «.fh that of Shen,r, and to have been instituted t„ "% •y V] ill i ! I aid ia keeping the peace when the Earls gave up the wardship of the county. It was certainly in existence in the time of king Alfred, and the Coroner is mentioned in the charter of Athelstan to Beverly, anno 925 (1). The precise designation of the officer appears to have varied from time to time. In the reign of Richard the First he was called Coronarius. In that of John, Coronator or Gustos placitorum coroner^ because originally he had the custody of the rolls of the pleas of the crown. In the reign of Henry tho Second, he was called Serviens regisj and in the Scotch law, Crowner, an appellation still in use among uneducated persons (2). i i! Sect. 2. Qualijications. Formerly, the office of Coroner was of such high repute that no one under the degree of knighthood could aspire to its attainment (3), and in the reign of Edward the Third a Coroner was actually removed from the office because he was a merchant ! It has however now fallen from such pristine dignity, and though still of great respectability, no qualifications are required beyond being a man of the full age of twenty-one years, of sound mind, and a subject of her Majesty, and possessing the amount of education (1) Jer. 0. C. 3 ; Impey 0. C. 4 '73. (2) Jer. 0. C. 2. (3) 3 Ell. l.ch. 10. n O Is gave up ertainly in , and the .thelstan to appears to tie reign of larius. In •um corona' f the rolls of ■ Henry the and in the still in use )f such high knighthood in the reign illy removed int I It has dignity, and lualifications le full age of a subject of of education I Jer. 0. C. 2. and mental ability necessary for the proper discharge of the duties (1). 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 discharge of that duty depends almost entirely on his personal character and ability. Where these are deficient, scenes often occur at inquests which throw disgrace upon the office of Coroner (2). A Magistrate cannot be a Coroner, otherwise ho would have a right to audit his own accounts, liefore acting as Coroner, the oath of allegiance and the oath of office should be taken (3), since holding an inquest without taking these oaths would subject the Coroner to a penalty, although his acts would probably be legal. Sect. 3. Mode of Appointment, In England, Coroners are of three kinds, — By virtue of office, by charter or commission, and by election. Those by virtue of their office are, the Lord Chief Justice of the Queen's Bench and the (1) It is said a Coroner oiiy;lit to have sufficient property to answer all sueli fines and duties as Delony; to him. (2) Would that Canadian Coroners were free from reproach in this respect, and that it could be said all Cnnadiaa in- quests wore held with even decent pro])rieiy. (n) See Forms, Nos. 2 & M, II'! ii-i! I .hi !■ "i :! other judges of this court, who are Sovereign Coro- ners, and have jurisdiction in all parts of the realm. But in Canada they must be specially appointed by the Governor by coniniission, under the great seal of the Provinces; unless indeed the Chief Justice and Puisne Judges of the Court of Queen's Bench aro Sovereign Coroners virtnte ojicii, in a similar manner to the judges of the same court in England. One or more Coroners are first appointed for each county, incorporated city, or town (1) ; and those subse- quently appointed are called Associate Coroners (2). When one county separates from another the municipal law rofjuires the Governor to name one or more Coroners for the junior county, whose appoint- ments take effect on the day the counties become disunited (8). Whether those previously appointed for the united counties before separation cease to be Coroners for the junior county after separation is not stated. By ch. 128, sec. 96, Con. Stat. U. C, the same laws ■which are in force in the separate counties in Upper Canada as to the appointment of Coroners aro ex- tended to Provisional Judicial Districts. With regard to the number of Coroners for any county, city, or town, there is no regulation. The number not being limited, the appointments are in (1) Con. Stat. U. C, ch. 51, ss. 49, 296, and ch. 128, s. 96. (2) The appointnionts are generally made upon the recom- mendation of a meinber of rarlianKiut, or other person possessing influence with the Executive. (a) Con. Stat. V.C. ch. rA, s. 49. fl... eign Coro- thc realm, pointed by reat seal of rustice and IJencli are lar manner and. One Lch county, lose subse- roners (2). nother the amc one or »sc appoint- ies become part governed by the requirements of the locality, and possibly in part by the energy shown by those seeking the otrico. The Coroner, according to the definition at common law, is an officer of the king that hath cognizance of some pleas of the crown (1) ; but there are several duties imposed by statute. The tenure of office is during the Queen's pleasure and the Coroner's resi- dence within the province (2) ; but practically ho holds office for life. Like other officers, ho may bo removed for several reasons, which will be further noticed under Chapter V. (1) Their power iti proceeding to trial and iudictmeut was taken away by Magna Charta, c. 17. (2) See the Coiflmissiou Form, No. 1. the united oroners for tated. 15y same laws s in Upper ers are ex- rs for any tion. The ents are in 1. 128, s. U6. II the reconi- ,her person (C) 111 III i 1 CHAPTER II. OF THE DUTY AND AUTHORITY OF CORONERS GENERALLY. Sect. 1. As Conservators of the Peace 6 2. In InqneHta of Death 7 8. To Inquire into the Origin of Fires 12 4. To Return Inquisitions 15 6. To Execute Process 16 6. Other Duties 21 — • Sect. 1. As Conservators of the Peace. J. HE duty and authority of Coroners generally will be considered in this chapter. Their particular duties and mode of proceeding will be treated of hereafter (1). The powers of Coroners are judicial and ministe- rial. Judicial^ as in the case of inquests upon bodies, and must be executed in person (2). Ministerial, as in the execution of process of the courts, and may be executed by deputy (3). 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 (1) See Part II. (2) Impey, 0. C. 473 ; 14 Ed. 1. (3) Jer. 0. C. 71. ^'1 I r BNERALLY. 6 7 12 15 16 , 21 lerally will particular treated of d ministe- )on bodies, inisterialf , and may icipal con- 5, and may makes an 4 Ed. 1. affray in their presence (1). It seems also, from tho Encjlish authorities on the subject, that they have power to cause felons to bo apprehended, whether suspected of guilt, or found guilty after inquisitions, or if not guilty but present at the death (2). From the absence of precedent in this country, however, Coroners had better confine themsel?es to exercising the settled duties of tueir office as Coroners, and leave the magisterial functions to those more directly entitled to them. Sect. 2. In Inquests of Dtath. When it is made to appear to any Coroner that there is reason to believe a deceased person came to his death from violent or unfair means, or by cul- pable or negligent conduct, either of himself, or of others, under such circumstances as require investi- gation, and not through mere accident or mischancey or upon being notified by the proper authorities of the death, no matter from what cause, of l prisoner or lunatic confined in any gaol or lunatic asylum (3), it (1) 1 Bac. Abr. 491 ; 2 Hawk, P. C. C. 28, s. 5. (2) Jer. 0. C. 30. (3) Lunatics confined in the Provincial Lunatic Asylum and dyinf]f therein are excepted by 26 Vic. eh. 42, s. 1, which directs that inquests shall only be held on the bodies of such persons when they die under the same circumstances as warrant an investigation into the cause of death of ordinary persons. n I! i 8 is tho duty of such Coronor to hoM an inquest forth- with upon the hody. 'J'liis is tho liirjLruniLi^o of our rrovinci-.il i^fntnte, (Vm. Stat. V. C. c. 12.'), ss. 1, 2, and it places tlio question of lioldinjj; inquests in a clearer li^ht than the old statute of Edward 1, De ojjicio roronnton's, which 'jrinerly re;j:ulatcd and defined the duties of Coroners. By this latter statute tho Coroner was directed to hold an inquest on infonnation of any " beinc; slain or stuhlcnh/ dead/' and although dying suddenly was always interpreted as not meaning deaths from apoplexy, fever, or other visitation of God, yet it left room for tho very improper practice to spring up of liolding inquests on the bodies of all who died suddenly. There is now no excuse for such a custom ; and the Coroners who hold unnecessary inquests, and the magistrates who sanction their conduct by passing the accounts for them, are greatly to blame. Tho language of Chief Justice Jcrvis is very appropriate to the sub- ject. 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 tho peace ofl&cers of the place, to whom it is the duty of those in whose houses violent or unnatural deaths occur, to make immediate communication, whilst tho body is fresh, and, if possible, whilst it remains ia the same situation as when the person died.'' It is indeed 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 more reprehensible than unsecmli/ haste, in- u |UOHt forth- Hj^o of our :>, ss. 1, -J, juosts in Ji varil 1, De LilateJ and ttcr statute inquest on '»/// dead," interpreted 'er, or other r the very 3g inquests There is lie Coroner.s magistrates he accounts lanp-uaire of to the sub- t in such themselves instituting t for by the the duty of .iral deaths whilst tho remains in d." It is after, that Ine) should it nothing haste, in- stead of waiting until properly acquainted with tho necessity for an iufiuiry (1). The power of justices to decline allowing items in Coroners' accounts for holding inquests, which in their opinions were unnecessary, was tried before tho Court of King's Iknch, in England, in Hex v. Kant (Jitsficcs), 14 p]ast. -20, when the court refused to compel the justices to allow an item in the Coroner's account, which had been struck out because there was no ground for liolding the inquisition. And it has been held in this country, that if the justices audit the accounts before them at all, tho Superior Courts will not review their decision (2). Let it be borne in mind, then, that no inquest is now justifiable unless the deceased person came to liis death from violence (o), or unfair means (1) CoroiuTs Imve been known to arrive before deatli baa taken pbiee, and to liave wntebeil tlie advent of tliat wliich gives tlieni jurisdiction Avitli nn avidity far from bein^ creditable. An intjucst must always be a painful proceed- ing to tliose wbo generally have charge of the body, moro l)articularly wlien accompanied by a post inorUtu examina- tion ; and Coroners who wantonly give additional ])ain to that which a sudden death has already caused, cannot bo too stronii'lv condenmed. (2) 22 U. C. Q. B. 405. (") In judging whether a death is comprehended under any of these terms, they must be read in connection with the words " vmder such circumstances as require investiga- tion," for every (K-ath from violence, negligent conduct, itc, need not of necessity re(|uire investigation. For instance, if a man is cliopping by himself, and in felling a tree it strikes and kills him, without there being any •ill 'I ; 10 (1), or by culpable (2) or neijltijcnt conduct (3), either of himself or of others, undrr such ci'rcuvisfnncea nn r€(]nire iiivcstifjation, unless the deceased was a pri- soner or lunatic confined in a j^aul or lunatic asylum, except a lunatic confined in the Provincial l^unatic Asylum. The jealous care with which the law watches over the safety of all imprisoned, renders it proper and necessary to hold irujuests upon the bodies of such persons, whether they die a natural death or not ; and the Provincial statute above mentioned requires those having charge of such prisoners and lunatics immedi'aidj/ to give notice of the death to a Coroner. This statute is at variance with Con. Stat. Can. ch. Ill, s. 02, and Con. Stat. Can. ch. 73, 8. 55. The former states inquests need not be held on the bodies of all convicts dying in the Provincial Penitentiary, unless the inspectors, warden, chaplain, physician, and deputy warden, or any of them, have reason to believe death was occasioned by some other than ordinary sickness, and require an inquest to be held. And the latter says : ^' 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 forthwith drawn up, and signed by the medical attendant of the house, and a copy, duly reason to suppose ho wilfully placed himself in its way, there would be no circumstance.! connected with his death calling for investigation, although caused by " violence." On the other hand, if another man was chopping with him, an inquest might properly be held. (1) See the previous note. (2) See note 3, page 9. (3) See note 3, page 9. mqi its] nnh 0) that i: It Stf bailif places (2) m 11 H (3), either i/msMJi^'W as 3(1 was a pvi- intic asylum, ,cial liuuatio a l:iw watches lers it proper the bodies of ural death or vo mentioned prisoners and the death to ice with Con. t. Can. oh. 73, cd not be held the Provincial rden, chaplain, of them, have by some other inquest to be a patient dies jt of the cause [person present and signed by id a copy, duly ..iself in Ha way, td with his death \\ by " violence." lopping with him, note 3, page 0. certified by the proprietor or superintendent, muse, icithni forf/z-cii/ht hours after the death, bo sent by the proprietor or superintendent to the nearest Coroner." In what manner Coroners should require tlic facts justifyirifj; inquests to be evidenced before they pro- ceed to hold them, must p^enerally depend upon the circumstances of each case. IJy analoj^y to other lep;al proeeedinf^s, and perhaps, in strictness, tho information should be on oath, but this mi«»ht very properly bo dispensed with when Coroners arc called upon to act by peace officers or persons in authority, or by gaolers and others, whose duty it is, in tho cases above stated, to inform them of the necessity of holding inquests. Still no definite rule can or ought to be laid down for the guidance of Coroners in this respect, beyond that supplied by their own judgments, influenced by proper feeling and a know- ledge of their duties (1). Tho inquiry can only be taken upon view of tho body {super vinnm corporis)) and mu3t be restricted to the cause of death of the person upon whom the inquest is taken, and to accessories he/ore the fact : it should not extend to accessories after the fact (2), unless in the two instances mentioned in Chap. III. (1) The old statute of Ed. I. is the only one, it is hcliovod, that attoniitts to point out when Coroners are to hold inquests. It states: "When Coroners are connnanded by the king's bailifFs, or by honest men of tho county, they shall go to places where any be slain," d-c. (2) Moor, 20, \A. 95 ; 2 Hawk. P. C, eh. 9, s. 26. 12 Where there arc several Coroners fur the same place, an inquest may be taken by one or more ; but when one proceeds in the matter, the acts of others will be void (1). After receiving notice, the Coroner summons a jury, and proceeds v/ith the inquest as directed in Chapter >: I., Part II. Sect. 3. To inquire into the orijui of Fires. Coroners have authority, by Provincial statute, and it is their duty, to institute an inquiry into the origin of fires. The first statute on the subject (18 Vic. ch. 157) was limited to Quebec and Montreal, but this was repealed by 20 Vic. ch. 3G, now forming ch. 88 of the Con. Stat. Can., which enacts that the Coroner within whose jurisdiction any city or incor- porated town or incorporated village lies, whenever any house or other building therein has been wholly or in part consumed by fire, shall institute an inquiry into the cause or origin of such fire, and whether it was kindled by design, or was the result of negli- gence or accident, and act according to the result of such inquiry (2). The powers and duties given to, and imposed on, Coroners by this act, are extended, by 23 Vic. ch. 35, to places not lying within any city, incorporated town or incorporated village. But in the case of an investigation concerning any fire occurring in country (1) 2 II. r. C. 59. (2) Con, Stat. Can. ch, 88, sec. 1. mad( 13 the same lorc ; but of otViCrs iramons a irected in 'CS. statute, and D tlie origin ,ct (18 Yic. jntreal, but ^ow forming ,cts that tbe lity or incor- s, whenever been wholly ,e an inquiry whether it tit of negli- |the result of imposed on, Vic. ch. 35, [incorporated ie case of an \rf in country \\. 88, sec. 1. parts, the allowance to the Coroner must be paid by the person requiring the investigation ; and such allowance is only five dollars for the first day ; and should the inquiry extend beyond ojie day, then four dollars for each of two days thereafter, and no more; a remuneration considerably less than Ti'hat is allowed for inquiries in cities, towns and villages. M To return to the principal statute — Con. Stat. Can. ch. 88. It is not the duty of Coroners to institute inquiry into the cause or origin of all fires indiscri- minately. They should first be satisfied that there is reason to believe the fire was the result of culpable or neuliirent conduct or desiiin, or occurred under such circumstances as, in the interests of justice and for the due protection of property, require investiga- tion (1). Coroners, under this act, it seems, from the deci- sion In re Fergus and Coolci/, 18 U. C. Q. B. 3tl, were the judges of the necessity for an inquiry in each particular case. Since this decision, however, an efl'ectual check has been placed upon unnecessary investigations in Upper Canada, by 24 Vic. ch. 33, which throws the expenses of and attending fire inquests on the party requiring them (2). jf Formerly the Coroner was entitled to bo paid his fees by the treasurer of the municipality, whether he made it appear to the authorities that an inquiry was proper or not (3). Now, no munii-ipality is liable for any such expense, unless the investigation be (1) See sec. 3. (2) See sec. 1. (;i) Con. Slat. Can. cli. S8, s. ',». fifS' ■ill: II '11' 14 required by an instrument under the hands and seals of the mayor or other head ofl&cer of the municipality, and of at least two other members of the council thereof; and such requisition is not to be j^ivcn to charge any municipal corporation, unless there are strong special and publio reasons for granting the Bume (1). And no expense of or for an adjourn- ment of any such inquest is chargeable against or payable by the paity, or municipal authorities, 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 (2). When investigating accidents by fire, a Coroner can in his discretion impanel a jury or not, unless he is required to do so on the written requisition of an insurance agent, or of any three householders resident in the vicinity of the fire (3). His duties and powers in these investigations, as to taking down the evidence, summoning jurors and witnesses, &c., are the same as in ordinary inquests (4) ; but ho returns the depositions to the Clerk of the Peace, and not to the County Attorney, as in inquests of death (5) — a distinction to be noted in those counties where the two offices are held by different persons. The jury and witnesses in these investigations will be noticed in Chapter XI., and the fees in Chapter XIII. (1) 24 Vic. ch. 33, s. 2. (3) Con. Stat. Can. ch, 88, sec. 4. (5) Id. 8. 2. (2) Id. 8. 3. (4) Id. 68. 5, 7. If) s and seals inicipality, he council be given to 3 there are ranting the in adjourn- 1 against or ities, calling held, unless rtified under idjournment )inion (2). ;, a Coroner r not, unless equisition of householders His duties taking down itnesses, &c., 1(4) ; but ho f the Peace, inquests of |hose counties nt persons, itigations will les in Chapter Id. s. 3. Id. 68. 5, 7. Sect. 4. To Return Inquisitions. By ch. 106, sec. 9, Con. Stat. U. C, in every case of investigation found before Coroners, the inquisi- tion, 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 County Attorney for the county in which such inquisition has been found. And by ch. 88, s. 2, Con. Stat. Can., when inves- tigations are made into accidents by fire, the Coroner is required to make return of the depositions to the Clerk of the Peace. Nothing is said about returning the inquisitions in these cases, but they had better be returned also ; and if any person ia criminated, a copy of the inquisition and depositions should bo Bent to the County Attorney (1). Under this section it will be proper to mention that Coroners are required to return lists of the inquests held by them, together with the findings of the juries, to the Board of Registration and Statistics, on or before the first day of January in every year (2). Formerly the inquisitions were required to be engrossed on parchment, indented at the top; but this is not at the present day imperative (3). The (1) See Con. Stut. \]. C. ch. lOG, s. 1, sub-sec. 1, and e. 9. (2) Con. Stat. Can. ch. ."3, s. 35.— It seems doubtful whether this requirement is intended to apply to incjuebta ou fires. Probably it would be held to do so. (3) See Con. Stat. Can. ch. 99, ps. 18. 20. I lit'' 1 :•!; Ill '1 i ,'i i , ■-' ii I'll •Ii i 'Hi i' ■ i 10 usual custom now is to write tlicm in the ordinary way on paper. Sect. 5. 2h Execute Process. In 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 default (1). When so acting, the Coroner can do all lawful acts which the sheriff might have done (2). When judgment is recovered against a sheriff and his sureties on their covenants, the plaintiff or his attorney must, by endorsement on the writ, direct the Coroner to levy the amount thereof upon the goods and chattels of the sheriff in the first place, and in default of goods 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 defendants ; and so in like manner with any writ against lands and tenements, upon a judgment on any such covenants (3). If a sheriff forfeits his office and becomes liable to removal, he is still to execute process until his successor is appointed (4). In case a sheriff dies, process is not to be awarded to the Coroner, but to the under-sheritf or deputy (5). (1) 4 Inst. 2n. (2) Hob. 85, (3) Con. Stat. \J. C. ch. 08, s. 0. (4) Id. s. 10. (r.) hi. s. 14. 17 ordinary 10 Coroner the sheriff, 3apacitatcd ). When acts which sheriff and ntiff or his writ, direct f upon the first place, e sheriff to ime, or the )f the other any writ [dgment on loraes liable ks until his Ibe awarded |deputy(5). 85. 1. 10. When the process is awarded to the Coroner, the sheriff is no longer considered as an ofl&cer in the suit (1); 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 ihem also (2), even though a new sheriff be appointed in the mean time (3). Interest in the sheriff who has executed the earlier proceedings in the suit, is no reason for directing final process to the Coroner ; although, if the interest of the sheriff be suggested upon the roll, the court will award thc'^venire to the Coroner (4). Process against the deputy sheriff may, it seems, be awarded to the sheriff (5). Under our act 48 Geo. 3, ch. 13, s. 5, it was held the Coroner had no authority to summon a special jury ; but it should have been done by some indif- ferent person appointed by the court, the sheriff being interested (6). When a Coroner is required to arrest a sheriff, a difficulty must present itself in knowing what to do with the prisoner. If incarcerated in his own prison, he might dismiss the gaoler and turnkeys, who aro all of his own appointment, and let himself out! and the Coroner would have no authority (in all cases at least) to take him into another county and (1) Cro. Eliz. 894. (2) 2 Hon. VI, 2] a; Bro. Exon. 110; U H. 8, 316; Jer. 0. C. 52. (3) Com. Dig. Officer, G. 13. (4) Jer. 0. C. 62. (5) Gordon v. Bonkr, 6 U. C. Law Journal, 112. (6) 8 U. C. Rep. 281. i c I-'iii" r ! ■I li li II! 18 imprison him there. If required to arrest a sheriff oa a habeas 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 sheriff 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 common gaol of the county — imprisonment under the Division Court Act, for instance. Gene- rally, 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 convenient house in charge of one or more bailiffs, according to the necessity of the case. However, 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 writ- ten. It arises from the rule that where Coroners act ministerially, although one may execute the writ (1), the return must be in the name of all (2). (1) 2 H. P. C. 56. (2) 2 Hawk. P. C. ch. 9, s. 45. it k renn can the If there (1) (2) exam Procei 19 rrest a sheriff ly beibre the , the Coroner immediately er in the gaol he arrests a b can be done , no doubt be , but in others egal except in - iiDprisonment stance. Gene- of the sheriff 11 him he is his him to appear Ikelihood of the rhaps the best confine him in ■nient house in jcording to the le writer knows out the proper execution and I which, however, legal profession, is specially writ- lere Coroners act lute the writ (1), .11 C^). IC. ch. 9, B. 45. 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 nani? ; and if it is a writ of Ji. fa.y it is endorsed on the back thus: "3Ir. Coroner, levy and make," &c. &c. 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. Dolby (1), the Coroners were directed to return a special jury, which waa 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 waa admitted. The difficulty does not appear to arise in England, for none of the practice books state how the return by all the Coroners is 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, where Coroners are very numerous in every county, and some widely separated from others, it is impossible 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 (2). If the writ be directed to the '' Coroners," where there are more than two Coroners in the county, it (1) Cited Ilmf. 144. (2) In adoptini^ this course, the writer has followed tho example of Mr. Ilarrison in the notetj to the Couimon Law Procedure Act, p. 23. i: 'l.rt II 20 may be executed by the survivors, although one die before the return; but if one only survive, he can neither execute nor return the writ, until another is appointed (1). If the Coroner will not execute a writ, and an at- tachment is taken out against hira, it must not be delivered to another Coroner to serve, but an elisor for that purpose will be appointed by a judge in cham- bers 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. A writ of attachment should be personally deli- vered to the Coroner, in order to bring him into contempt (2). Coroners, in their ministerial capacity, may do all such lawful acts as the sheriff might have viOne, and are subject to the same process and penalties as the sheriff for not returning writs, &c. (3) The ministerial duties of the Coroner need not be discharged'personally, but, as in case of the sheriff, he may by warrant delegate his authority to another (4). 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 (1) H. P. C. 66; F. N. B. 163; Cro. Jac. 383. (2) 1 H. & W. 332, and see books of practice. (3) Con. Stat. U.C. cb. 22, sec. 275, and following sectionji. (4) Jcr. 0. C. 11. ,^ 21 one die , he can Qother is id an at- it not bo an elisor in cham- e accepts an also bo le cannot ippointed ally deli- him into information they may require under the present ay do all lone, and ies as the i licading. Sect. 6. Other Duties. As to the other duties of Coroners, it may be mentioned that the statute De Officio CoronatoriSj 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 inquire of treasure troves, of royal fishes, and of icrecks ; to receive an appeal of felony or maihem to take the confession and abjuration of felons, and to pronounce judgment of outlawry. Some of these duties have been expressly abolished by statute, and the others may be said to have becomcobsolcte. t>b ed not be shcrifiF, he other (4). cution of write the eferred to y further ig; sections. 4 ;(22) I !l^' CHAPTER III. OF THE JURISDICTION OF COUONEKS IX INQUESTS OF DEATH. isKvT. 1. Their (jcncral jurisdidion 22 2. 'HieU' jarisdktion in j)artkida>' cases 22 8. Supreme jurisdiction 2t • — . Sect. 1. Their general jurisdiction. XllE general jurisdiction of the Coroner is confined to deaths happening within the limits of his county, city, or town, and cannot be enlarged by any private act or delegation from the crown (1). When one county separates from another, or a city or town becomes incorporated. Coroners are appointed for the junior county, or the city or town, as the case may be, and the original Coroners should then confine themselves to the jurisdictions in which they reside, for whether they continue to possess authority to the same extent as when first appointed, or not, seems doubtful. — * — Sect. 2. Their Jurisdiction in particular cases. In particular cases the Coroner has an extended jurisdiction. When any person, being feloniously (1) 2 Finch, 388. V 1 t i t e a I ( f ml 23 stricken, poisoncJ, or otherwise hurt upon sea, or at any place out of this I'ruvincc, and dies of such etroke, poisoning, or hurt, in this Province, or being feloniously stricken, poisoned, or otherwise hurt, at any place in this Province, dies of such stroke, poisoning, or hurt, upon the sea, or at any place out of this Province, every olVence committed in respect of any such case, whether the same amounts to murder or manslaughter, or to being accessory beforo the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried and determined, in the district, county, or place in the Province in which such death, stroke, poisoning, or hurt happened, in the same manner in all respects as if such offence had been wholly committed in such district, county, or place (1). It will be observed that in these particular cases the accessories after the faet to murder or man- slaughter can be inquired of. This is contrary to the power of the Coroner, when acting under his general jurisdiction (his duty then being to inquire into the cause of the death, which accessories after the fact could have nothing to do with), and sug- gests the idea that probably the provisions of these statutes were not intended to apply to inquests, although their language seems to include them. Indeed, when holding inquests under these statutes, Coroners had better leave the accessories after tho fact to the magistrates to deal with. Coroners must always bear in mind that in cases (1) Con. Stat. Can. ch. 99, s. IV ; and 24 Vic. ch. S, s. 1. Pi 24 where their jurisdiction arises from the stroke, poisoning, or hurt, having happened within their county, and the death takes place out of the same, that no inquest can be held unless the body is brought into the county, for the deail body itself is the first and an indispensable evidence to be offered to the jury. Coroners, it seems, also have an extended juris- diction in cases of felony committed on the bounda- ries of two or more districts or counties, or within the distance of five hundred yards of any such boun- dary, or begun in one district or county and com- pleted in another (1). Coroners of Counties have jurisdiction concurrent with Coroners of the Admiralty over deaths happen- ing in the arms of the sea {_infra corpus coml- tatus) (2), and in great rivers (3), and in ships lying in harbour (4) ; but they have none upon the high seas, except in the cases above mentioned. Coroners of Counties have also jurisdiction when the death happens between high and low water mark upon the sea coast, when the ."' is not covered with water (5). — • — Sect. 3. Supreme jurisdiction. Coroners virtute ojicii have supreme jurisdiction every where (6). (1) Con. Stat. Can. eh. 99, s. 11. (3) Ibid. (5) 3 Inst. 113; 5 Rep. 107. (2) 2 II.P.C. 15, IG, 54. (4) 1 Sir. 1097, 231. (6) 4 Rep. 47. ( 25 ) iiigh CHAPTER IV. OP THE RIGHTS OF CORONERS. Sbot. 1. Gnieral remarks 25 2. Their right to Fees 25 3. Their exemption from scrviny offices 27 4. Their privil'^qe from arrest 27 6. As to their ot/ur rights ai\d privileges 27 — • Sect. 1. General remarki. L/ORONERS, while acting judicially, have no right to appoint a deputy (1). In England, this right has recently been conferred by statute (2), but wo 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 (3). — ♦ — Sect. 2. Their right to Fees. Their office was originally one of such great dig- nity, that Coroners would not take any reward for their services (4) ; and afterwards (when, no doubt, (1) Cromp. Just. 227 a ; 2 U. P. C. 58 ; 1 E. P. C. 383. (2) 6 ( 86 intellect which docs not prevent the party from dis- tinjj;uishing ri^^ht from wronp; will not excuse his guilt (I). Cases of much difficulty sometimes arise with this class of persons. 3. Acquired ?nadncss arises from drunkenness or the administration of something which produces frenzy. Voluntary drunkenness is no excuse for crime, but on the contrary, aggravates it (2). Still the in- sanity caused by a habit of intoxication excuses from punishment (3). Intoxication, too, may bo con- sidered as a circumstance tending to shew a want of premeditation (4). Sect. 3. Persons in suhjection to power of others. Persons who do acts in obedience to existing laws or from the coercion of those under whom the private relations of society place them in subjection are, in many cases excused from the consequences of crim- inal misconduct. The classes of these persons usually requiring to be noticed are married women, chil- dren and servants. When the husband is actually present while the wife commits some crimes, the law presumes she is acting under his coercion ; but this protection does not extend to the most heinous oiFences, and consequently a married woman cannot (1) 1 n. P. C. 80. (2) 1 II. P. C. 32 ; Co. Litt. 247. (a) 1 H. P. C. 32. (4) 1 Russ. 8, 7 ; C. «fc P. 817, 297, 145, But see Koscoc's Cr. Ev. 637. f el ht 'A t( V] oi i 37 laws irivato irc, in crim- |sually chil" |tually iG law It this [inous Lnnot cxousG her guilt if convicted of treason, murder, homicide or the like, by shewing she was in company with or coerced by her husband (1). With regard to children and servants, their relation to their parents and masters will not excuse the commission of any crime, the command being void in law (2). Sect. 4. Ignorance. Ignorance of the law is no excuse for crime, even in foreigners residing in Canada (3), unless an opportunity of acquiring a knowledge of it is wanting (4). 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 (5). Sect. 5. Misfortune. If a person be doing any thing unlaioful 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 performance of a lawful act the party is excused from guilt (6). Iscoc s (1) 1 II. p. C. 45, 47, 48, 510; 4 Lla. Com. 29. (2) 1 11. P. C. 44, 51G. (3) nC.&V. 450 ; 1 11. P. C. 42. (4) R. & R. 1. (5) 1 n. P. C. 42, 43 ; 4 Bin. Com. 27. (0) Bla. Com. 27. (38 ) 1^ I CHAPTER IT. OF rUINCirALS AND ACCESS0UIE3. Sect. 1. Prinnjxth in the Kirat Drrfvcc •'^H 2. Vriiiclpnln in the Second Drgrrc 3'.) 3. Acccssofics btfore the Fact 39 • Skct. 1. Principals in the First Degree. Where two or more commit a felony they arc cither — 1. Principals in the first degree ; 2. Princi- pals in the second degree ; 3. Accessories before the fact J or, 4. Accessories after the fact. As Coroners arc only to inquire into the cause of death, the three first classes are all this work need treat of. Principals in the first degree are those who, with their own hands, or by means of an innocent agent, commit the offence. When the felony is committed by means of one aware of the consequences of his act, the inciter is cither an accessory before the fact or an aider or abetter, according to the circumstances of the case (1). (1) Fost. C. L. 310; II. & 11. 3(;8. 80 3'.) 39 they arc . Princi- loforo tho Coroners ,lie threo ^>'ECT 2. Print' tpah in the Second Degree . rrincipiils in tlio second deforce, or niJcrs and abettors, arc those who arc present, aiding and abot- tin«^ at the couiniission of tho fact. They can now be punished, whether tho principal ofTender has been first convicted or not. To constitute an aider and abettor, tho person must bo present aiding and abet- ting when the fact is coniniittod, or intentionally near enough and ready to give assistance, if neces- sary (1). The felony need not of necessity bo consummated ia presence of the aiders and abettors, provided they aro present assisting at its cause. For instance, if poison be laid for a man, aoso present and concurring in laying it are all principals in tho second degree, although absent when the poison is taken (2). The participation of aiders and abettors is cither from a combination to commit the offence itself, or arising out of a combination to resist all opposers to the prosecution of some other unlawful purpose (3). |rho, with it agent, )mmittcd 2S of his the fact Imstanccs Sect. 3. Accessories hcforc the Fact. Accessories before the fact are those who, being absent at the time of the offence committed, do yet (1) Fost. 350; 2 Hawk. P. C. ch. iiU «3. 7, 8. (2) Fost. C. L. 34'.>; Kd. 52. (3) 2 Hawk r. C. eh. 29 s. ». \m< il i< }\' 40 procure, counsel, command or abet another to com- mit a felony (1). The procuring is either direct, by hire, counsel, comraandor conspiracy; or indirect, by shewing an express liking, approbation or assent to another's felonious design of committing a felony (2). But he who barely conceals a felony to bo committed is guilty only of misprision of felony (3). Those who procure the commission of a felony, though by the intervention of a third party with whom they have no communication, are accessories b'^fore the fact (4). 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 (5). The act must be the probable result of the evil ::'dvice, and not substantially different from that advised. The test question, according to 3tr. Justice Foster, being — " Did the principal commit the felony he stands charged with under the influence of the flagitious advice, and was the event, in the ordinary course of things, a probable conse- quence of that felony ; or did he, following the sug- gestions of his own wicked heart, wilfully and know- (1) 1 n. r. c. 015. (2) 2 Iluvk. p. C. ch. 2't s. 10. (;]) 2 Ua',vk. P. C. ch. 2'J s. 23. (4) 1 Fost, C. L. 123 ; 19 How. St. Tr. 74 G, 748, 804 ; B C. (fc P. 535. (:.) 2 Uawk. P. C, ch. 29, s. 18 ; Dyer, 108. I of I 804 ; I t I 4 41 ingly commit a felony of another kind, or upon a different subject" (1). To ma.islaughfor, it being sudden and unpremedi- tated there can be no accessories before the fact (2). An accessory cannot be guilty of a higher crimo than his principal (3). Accessories before the fact to felonies committed in this Provi::ce can be indicted and convicted either together with the principal felon or after the pvinci- pal felon, or may be indicted fur and convicted of a substantive felony, whether the principal has or hab not been previously convicted or been amenable to justice (4). And it seems if the offence of coun- selling, procuring or commanding is committed within one county, and the principal felony within another, the accessory may be enquired of in either of such counties (5). If the principal felon dies, or is pardoned, or is otherwise delivered before attainder, the accessory may notwithstanding be proceeded against in the same way as if the principal had been attainted (G). (1) Fost. C. L. 872. (2) 1 H. P. C. 347, 450, CI 6. Erie, J., in R v. Gcnjlor, Dears ns in the execution of Inwful occupa- tions, and indeed arising fVoni :dl 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 indiflFcrcnco to tho {iafety of others shown in them as to constitute malice by im- plication, of course the killing would bo murder. ]>ut usually malice is wanting, and then the circum- stances of each case must be considered to see if tho 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 tho death being partly caused by the fault of the deceased will not lessen the offence (1). It seems also that the greatest possible earn in performing uhc act is not to be expected or required, il, s. 51. (1) Per Pollock, C. B., in R v. SwiwluU, 2 C. & K. 230; and see 1 C. & V. 820. '■ I 'th I? ri«'! r ii ■%■■ , I, '' 54 but there sliouki be suuh care taken as is usual with persons in similar situations (1). With regard to accidents from driving^ G arrow? B., said it is the duty of every man who drives ai;y carriage to drive it with such care and caution as to prevent, as far as in his own power, any accident or injury that may occur (2). 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 deceased to get out of the way, and he might have done so if he had not been in a state of intoxication (3). If a person drives carelessly, and runs over a child in the street, if he sees the child and yet drives over him, it is murder; if he does not see the child, man- slaughter ; and if the child runs over the way and it is i.npossible to stop before running over him^ it is accidental death (4). What constitutes nejligcnce in the case of driving must depend greatly upon the circumstances of each particular case (5). As to accidents from raciny^ 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 omni- buses racing ? And was the prisoner driving as flist as he could, in order to get past the other omnibus r* (1) 1 East. P. C. 2r.:3. \'l) '.'. V. M'ilhr, 1 C. ct P. n20. (?■) IL V. Walkvr, I C. & P. \VM. (l) 1 link', P. C. 4VC ; Foster, 203. (5) Roscoc's Cr. Ev. GS3. 4 ' 4 i 55 And had ho urged his horses to so rapid a pace that he could not control thcni ? Patteson, J., told tho jury that if they were of that opinion to convict the prisoner of manslaughter (1). If a driver happens to kill a person, and it appears he might have seen the danger, but did not look before him, it will be manslaughter for want of due circumspection (2). The same rule applies to navigating a river as to travelling on a road. If death ensues from too iiuch 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 (3)- In order to convict the captain of a steamer of manslaughter in causing a death by running down another vessel, some act of personal misconduct or negligence must be shewn (-i). With regard to persons practising medicine or surgery, we have already seen (5) if they are guilty of criminal misconduct arising either from gross necrligcnce or criminal inattention in the course of their employment, and in consequence death ensues, it is manslaughter, and this whether they are licensed or not (0). In R. v. Long (7), Mr. Justice Bayley said, " It matters not whether a man has received a medical education or not. The thing to look at is, (1) 7i'. V. Tunmlns, 1 C. & P. 41)0. CD Vo^U-v, 2(;:!. (I) 7 C. d-. P. lo-A. {■',) ii C. it l\ (;72. (:.) ScL> pa-'o -ly. (0) 3 C. ct 1'. (KJr, ; 4 C. i\: P. ;VJS ; 5 C. it P. :;;j;i ; lloscoo's Ci*. Ev. GSS, i\{\], and cases ihcru cilcd. (7) 1 C. it P. -110. i tkn I' iilil 0^ I I ll^J' , i! I ii ' ii ; I ■•li ! V ' it it <-' r refuses to procure medical or other necessary assistance, in consequence of which the prisoner dies, he will be guilty of manslaughter or (1) 1 East. P. a 225. {'^) 8 C. ct P. Hll. (2) 1 Uu^s. 490; 7 C. cfe P. 277. (4) 8 C. tk P. Oil. (5) Curr. AM. 164 ; see also 1 Den. C. C. R. 350 ; S. C. L. J. M. C. 53. (G) 2 Str. 85G; Foster, 822 ; 1 East. P. C. 331. n i 1 1 1 : il ■i i' i 1 II) SI*:* ! I 111,,, I U'l i'f: II it ^f 58 murder, according to tlio apparent necessity of the case and the animus shown by the gaoler. But it is said where the death ensues from incau- tious neglect, however culpable, rather than from any actual malice or artful disposition to injure, or obsti- nate perseverance in doing an act necessarily attended with danger, regardless of its consequences, the offence will be reduced to manslaughter (1). The numerous deaths resulting from railwai/ and steamhoat traffic, machiner?/ of all kinds, poisoning^ and in fact resulting from all other causes usually termed accidental^ also come under this class of cases, and are all governed by the same principles above referred to. But in these cases any wanton neglect of the statutory provisions for the inspection of railways (2) and steamboats (3), and for the safety of passengers travelling in the same ; for regulating the sale of strychnine and other poisons (4), and for the prevension of accidents from machinery (5), ought to bo considered in determining the degree of guilt of the persons by whose neglect or fault the deaths occur, 5. That the hilling happened from resistance to the execution of j^uhlic diitij']. Officers of justice and others in authority may repel force by force in the legal execution of their duty (G) ; and if death ensue, the implied malice will be rebutted, unless no (1) 1 East. P. C. 220 ; 1 Iluss. 490. (2) Coil. Stat. Ciiii. ch. GO. (1) Con. Stat. Can. cli. 98. (3) Con. Stat. Can. ch. 41, 45. (5) Con. Stat. U.C. ch. 79. (C.) Foot. C. L. 270, 271. 11 59 y of the n incau- rrom any or obsti- ittendcd 3es, the •ray and 18071171 ff, usually class of rinciples wanton 5pection LO safety ;ulating and for ry (5), jgree of ult tlie X7ice to justice lorce in death less no ch. 98. cli. 1'J. sufiicient resistance was made, or sufficient time intervenes, for the blood to cool (1). Althout^h it is said a felon may be killed who cannot be otherv.'ise overtaken; yet one accused of a niisdcmeannr must not be so summarily dealt with, or it will Ic murder (2). Also the defendant in a civil suit, must not be killed for flying or escaping from arrest (3). Sect. 3. Jnfanticuh. Infanticide, or the criminal destruction of the foetus in utero, or of the new-born child, might have been treated of in the previous section ; but the importance of the subject to Coroners, requires that it should bo dwelt upon at greater length and with more particu- larity, than would be appropriate to the heading, " General Remarks." It is therefore made the sub- ject of a separate section. Inflinticide, medically speaking, contains two branches : 1. The criminal destruction of the fa:)tus 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 requires notice in this work. No 7uunler can be committed of an infant in its mother's womb. It is not until actual birth that the child becomes " a life in being,'' so as to be em- braced in the legal definition of murder (4). I (1) 1 E. P. C. 297. (2)Fo.st. C. L. 271. (:5)Fost. C. L. 271. (1) 1 Uulo, 433. i «n I I i" I !■ ! I GO Therefore, in considering the crime of infanticide in its second branch, the first question which pre- sents itself is : 1. When is a child lorn ?~\ 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 suffi- cient life to constitute it a life in being, and to make its destruction murder (1). Again ; a child may be wholly produced, and remain for some time without respiring, life being kept up from the foetal circulation continuing, or from causes which appear to be involved in much obscurity (2). When a child is destroyed while remaining in this state, there are no certain medical signs by which it can bo proved to have been living when maltreated (3) ) although some indirect evi- dence of the existence of life previous to respiration may be obtained from wounds and ecchymoses found on the body of the child (4). The child being seen to move or breathe, would of course be evidence of life (5). (1) 5 C. -- '<<> 4 61 fanticide lich pro- n test of liilJ may lole body ; be suffi- , to make ced, and ife being auing, or in much ed wliile I medical Jen living irect evi- spiration ses found eing seen idenco of jry strong (lying, un- alive. — 1 into two, iitiuiiation life of its Jilt of that 4 Breathing is only one proof of life. Other proofs arc admissible of life in a child before the establish- ment of respiration ; and its destruction after being completely born in a living state, but before it has breathed, is murder (1). Respiration is the best test of a child's having been born alive ; but in deciding whether or not it has respired, much skill is often necessary. Immersing 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 decompo- sition. And even if respiration be proved, still it must 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 (2). of its mother, vet there are no medical sicrns of its havinc: beei born alive to be discovered in the body after death. It seems, at least, doubtful if the destruction of a child com iug under the first class would be murder. In Hex v. Etiock., 5 C. tfe P. 539, Parke, J., said there must be an Independent circulation in the child before it can be considered alive for the purpose of constituting its destruction murder. See also 9 C. tfe P. 754. And in lieg. v. Christopher (Dorset Lent Assizes, 1845) Er'.e, J,, said the child must have an existence dlstinet and independent from the mother. But see 2 Moo. C. C. 260. (1) Rex V. Brain, 6 C. 2o. {2} Taylor o2o. (r>) Taylor 3 2 7. (4) Taylor ;J;J0. (.")) Taylor ;ioVt. 1 1 ' ', 1 ^ I I^H 1 f 1 I r 1 f tip ; ■ P'l tinatcd j pupils, closed by mombranoc pupillares ; testicles, not apparent in the male. 2. At seven months — Length, from tlilrtecn to fourteen inches ; weight, three to four pounds ; eye- lids, not adherent; mombranro pupillares, disappear- ing ; nails, imperfectly developed ; testicles, not apparent in the male. 3. At eight months — Length from fourteen to six- teen inches; weight, from four to five pounds; membrancc pupillares absent; nails, perfectly devel- oped, and reaching to the ends of the fingers ; testi- cles in the inguinal canal. 4. At nine months — Length, from sixteen to twenty-ono inches ; weight, from five to nine pounds ; membranre pupillares absent ; head well covered with fine hair ; testicles in the scrotum ; skin pale ; features perfect ; these and the body are well developed, even whenjthe length and weight of the child are much less than those above assigned. 5. The point of insertion of the umbilical cord, with respect to the length of the body, affords no certain evidence of the degree of maturity. There are no certain signs by which to determine how long a child has survived birth for the first twenty-four hours (1). 4. Monstrosities.'] Some persons have the notion that monstrosities may be destroyed ; but this is not correct. If destroyed under an impression of this kind, the want of malice might reduce the act below (]) Taylor 354. I I I jpillarea ; Irtccn to idfl ; cye- lisappear- cles, not en to six- pounds; tly devcl- irs; testi- ixtecn to to nino head well scrotum ; I body are weight of jsigned. ical cord, iffords no determine tlie first le notion his is not n of this act below murder, althongli it would amount at least to man- slaughter. 5. Legal pointsi.'] The onus of proving the child was born alivo rests on the prosecution, as the law humanely presumes that every new born infant is born dead ; but if proved to have been 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 destruction would still be mur- der (1). If a child is injured before birth, and dies from the injury after birth, this would bo murder (2) ; but if injured when partly born, and it dies in con- sequence before being wholly born, the offence would not amount to murder (3). Where there is wanton exposure of an infant with- out the intent to produce death, but with the expec- tation of shifting its support upon some third person, and death ensues it is manslaughter (4). The better opinion seems to be, that the wilful prevention of respiration is murder, although no caso to the point has yet been decided. Causing a child to be born before the proper time, by reason of which it afterwards dies is murder (5). Causing the death of a child by giving it spirituous liquors in a quantity unfit for its tender ago, is man- slaughter (G). (1) Rcrf. V. West, Nottingham Lent Assizes, 1818. (2) 3 lust. CO; 1 Bla. Com. 129; Iliiwk. P. C. b. 1, c. 31 8. 1(5. (3) G C. »2. under the h I ^ 73 1. Homicide per Infortunium. 1. Definition.'] Homicide per infortunium, or by misadventure, is where a man doing a lawful act with proper caution, and in a proper manner, without any intention of hurt, unfortunately kills another by mere accident or misadventure (1). 2. Practical Remarks/] ' In illustration of homi- cide by misadventure, the following may be consi- dered : Where the head of an axe accidentally flics 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 oi place as to be mistaken for food, the better opinion seems to be, that it is manslaughter ; but if laid ^vith a proper degree of caution as to manner and place, it is misadventure only (2). It seems killing a person by drawing the tri^ :er of a gun in sport, supposing it to be unloaded, is omi- cide by misadventure, if the gun was tried \\ li tho ramrod, and the usual precautions taken to ascertain it was not loaded (3), or if there was re jnablo grounds to believe that it was not (4). (1) 4 Bla. Com. 182. (2) ] II. P. C. 431; Jer. 217. (3) Jer. 218; 1 Kuss. 658; Impcy, 0. C. 508. (4) Fost. 205; 1 Iluas. 059. n^rr- isi 1. !;,i::l 74 2. IToinicide se e< swa Defcmlendo. 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. 2. Practical Remarks.'] Where a man is assaulted 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 (1). This kind of homicide is often barely distinguish- able from manslaughter. The true criterion between them is this : when both parties are actually combat- ting 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 antagonist, kills him to avoid his own destruction, this is homicide, excusable by self-defence (2). 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 (3). The plea of self-defence extends to excusing mas- ters and servants, parents and children, husbands and wives, killing assailants in the necessary defence of each other (4). (1) 1 Russ. 601. (2) 4 Bla. Com. 184; Post. 277. (3) Impey, 0. C. 506 ; Jer. 220. (4) 1 Hale, 484. I \ 76 cc IS a if one's 3ccssity, the law ble. ssaulted d before combat, son who order to tinguish- between f combat- he slayer r has not vours to Is, being to avoid isable by it must ir at least nt (3). jing mas- husbands ■J defence Fost. 277. Hale, 48-1. *l In defence of a man's house, the owner or his ^niily may kill a trespasser, who forcibly tries to dispossess him, and this without retreating to avoid the trespasser; but in forcible misdemeanors, such as trespass to goods, killing is not excusable (1). 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. That principle of self- preservation which prompts every man to save his own life in preference to that of another, where one must inevitably perish, excuses the homicide in such cases (2). Sect. G. 3. Justifiable Homicide. 1. Dtfitiitlon.'] 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 commenda- ble. It is of three kinds. First, homicide in the execution of the law; 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 bo avoided. In all these cases the slayer is not blama- ble, and is entitled to his acquittal and discharge. 2. Practical Remarks.'] 1. Killing in execution of the law must be done when, and in the manner, (1) Jer. 222. (2) 4 Bla. Coui. 186. II II m m\ hr ' i' i :' t ;i" 70 the law requires it. Therefore wantonly to kill the greatest of malefactors is murder (1). 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 (2), unless, perhaps, when he acts contrary to the judgment upon a warrant from the Crown (8). 2. Killing in advancement of public justice can only be done when there is an apparent necessity for it : without the necessity it is not justifiable (4). If an officer of justice or other person is resisted in the legal execution of his duty, he may repel force by force (5). But he must not kill after the resistance has ceased (0). And if the party merely Jlies to avoid arrest, the officer will not be justified in killing him unless he is a felon, and cannot otherwise be overtaken. This distinction is, therefore, to be noticed. If an officer or private person be resisted in the legal execution of his duty hi/ any one, and there is an apparent necessity, he is justified in killing the person so resisting him ; but if he is legally endea- voring to arrest a man, and he merely jiles to avoid that arrest, he will not be justified in killing the per- son unless he is 2i felon, or has committed treason or has given a dangerous wound. Killing a person who flies from arrest for a misdemeanor, or under civil process, would be murder or manslaughter, according to the circumstances of the case (7). (1) 1 11. P. C. 497. (2) 1 Hale, 43-3, 501 ; 2 Hale, 411 ; 4 Bla. Com. 1^9. (3) Fost. 21)8; 4 Bla. Com. 405. (4) 4 Bla. Com. 180. (5) 1 11. r. C. 494; 2 Ibid, Jcr. 181. (G) 1 E. i*. C. 297. (7) Fost. 271 ; Hale, 481 ; Jer. 228. 77 kill the Ir if an I, behead lim, it is contrary 'own (3). tStice can essity for (-!)• If ed in the force by resistance J J lies to in killing erwise bo :e, to be 'esisted in and there illing the ly endea- to avoid [5 the per- treason or erson who nder civil according 11. no. torn. 180. i'. C. '207. In the ca.^:- of a riot (1), if the officers (and those commanded to assist them) endeavouring at the proper time (2) to disperse, seize or apprehend any of the persons committing the riot, happen to kill any such persons, they are justified and free from all blame (3). They would be justified also by the common law (4). 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 (5). 3. Homicide in defence of property, &c., is justi- fiable when the offence endeavoured to be committed amounts to JeloriT/, and force is used. A mere endeavour to beat another, or to take hi« goods merely as a trespasser, would not reduce the killing below manslaughter (6). There must be a plain manifestation of a felonious intent (7). The servants and other members of the man's family whose person or property is thus attacked, and even strangers present at the time, are also justified in killing the felon (8). (1) To confstitute a riot, twelve or more person's must be nnlawfully, riotously and tumultuously assembled toj^ether, to the disturbance of the public peace. — See Con. Stat. U.C. ch. 97. (2) /. e., an hour after the Riot Act has been road. (•'{) Con. Stat. V, C. ch. i)7. B. 10. (1) 1 II. F. C. 495; ] E. P. C. ;504. (5) Fost. 821 ; 1 Hale, 481, 490. (7) 1 R\iss. CG9. (»•-) 1 Hale, 485, 480. (s) 1 H. P.C. 481, 484; last. 374. i ( 7« ) CHAPTER IV. OF POISONS. i i Mineral Classification of Poisons (1). Irritants. ■V i IV ( Acids (Sulphuric) Ison-metalhc.. ] \m , - - - - tftlloids (riiosphorns). Alkulio compounds (Putasli). Metallic ■( Heavy metals and / /^rseuic) ( compouudd. . . . J ^ Veffetalile (Savin). Animal (Cantharidcs). Neurotics. Cerebral (Morphine). S})inal (Strychnine). Cerebrospinal (Coniine). Irritant poisons occasion violent vomiting and purging, either preceded, accompanied or followed by intense pain in the abdomen, commencing in the region of the etomacli. Effects are chiefly mani- fested 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 a3sophagus to the stomach. Others possess no corro- sive action, and are called pure irritants. These produce their characteristic symptoms less rapidly (1) Tlie following classification and sym[)toms have been compiled from Dr. Taylor's work on Toisons — the best on the subject. r \' .* 1 nis). Potftsli). Arsenic). ng and bllowed g ia tho mani- testines. orrosive acrid or own tlio .0 corro- Thcso rapidly ave beea 3 best on ft J I i\ 7!» than those of tho former class, the effects not becoming visible till after tho lapse of half-an-hour from the act of swallowing, unless in some exccp. tional cases. Neurotic poisons act chiefly on the brain and spinal marrow ; tho cerebrals, acting principally on tho brain, producing stupor and insensibility, without convulsions ; the spinals, acting on the spinal mar- row, producing violent convulsions, sometimes of tho tetanic kind, not necessarily attended by loss of sen- sibility or consciousness, and rarely inducing narco- tism J the cerebro-sjnnal, acting both on tho brain and spinal marrow, causing delirium, convulsions, coma and paralysis. Tho cerebral poisons have no acrid taste, and rarely give rise to vomiting or diarhoca, and they do not irritate or inflame tho viscera. Some of the irritan* poisons will, however, occasionally produce narcotic effects, as has been observed with arsenic, while opium may sometimes produce pain and vomiting, with an absence of the usual symptoms of cerebral disturbance. Several of the cerebro-spinals, when taken in the form of roots or leaves, often have a compound action, producing their ordinary effects together with those of irritant poisons. IRRITANT POISONS. 3fineral Irritants. Sulphuric acid. — Cases generally referable to suicide or accident. The symptoms which commenco immediately are violent burning pain, extending I :l IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 yiK^ 12.5 LA. ill 1.6 V] V2 / ? Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 # fV N> ^ V 6^ f<«^ so |j! iM ff! 'fill >.i!t II w ll i 4 I wf'l 'I I'l 'i' througk the throat and gullet to the stomach ; tio- lent retching or vomiting, the latter accompanied by the discharge of tshreds of tough mucus and of a liquid of a dark coffee-ground colour, mixed or streaked with blood ; mouth excoriated, tongue and lining membrane white and swollen, hence difficulty in breathing; a thick, viscid phlegm is formed, rendering speaking and swallowing very difficult; abdomen distended and painful; any of the acid getting on to the lips or neck produces brown spots ; any of the acid itself, or of the matter first vomited, falling 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 obsti- nate constipation. Nitric acid. — The 'symptoms are very similar to the above. Gaseous eructations are produced ; th# vomited matter has a peculiar smell ; and the mem- brane of the mouth, &c., is at first white, becoming gradually yellow or brown. Stains produced by the acid are generally yellow. Bydrochloric acid is rarely used as a poison. The symptoms are very similar to those above described. - Oxalic acid, although a vegetable substance, may be ranked with the preceding acids. Cases of poi- soning by this a'^id 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 matters have a greenish brown, almost black appearance; burning pain in the stomach, with tenderness of the abdomen, fol- ch ; Tio- anied by ind of a dxed or igue and difficulty formed, difficult ; the acid 7n spots ; vomited, w or red flF; great juick and ind obsti- jimilar to ced; thi he mem- jecoming d by tho 5on. Tho [jscribed. nee, may !S of poi- :o suicide ;aste, and taken in greenish pain in men, fol- 81 lowed by cold, clammy perspiration, and convulsions ; pain is sometimes absent ; there is in general an entire prostration of strength ; unconsciousness of surrounding objects, and a kind of stupor; legs sometimes drawn up; pulse small, irregular and scarcely perceptible; the lining membrane of the mouth, &c., is commonly white and softened; but often coated with the dark brown mucous matter dis- charged from the stomach. Phosphorus. — The symptoms are slow in appear- ing* : they may not occur for some hours or even days. Jisagreeable taste resembling garlic is peculiar to phosphorus ; the breath has a garlic odor ; 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 vomited matters are dark-colored, emit the odor of garlic, and white vapors, and sometimes appear phos- phorescent in the dark ; purging is often caused, and the motions are luminous in the dark. Pulse small, frequent, prostration of strength, and other symptoms of collapse. Alcalies. — 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 Hiring membranes; burning heat in the throat, ex- tending down the gullet to the pit of the stomach ; when vomiting occurs, the vomited matters are some- times mixed with blood of a dark brown colour, and portions of the mucus membrane; purging, with severe pain in the abdomen, resembling colic ; the 82 Miii rf ll'i! lips, tongue and throat soon become swollen, soft and red. Ammonia and its carbonate produce symptoms similar to the above. Arsenic. — The symptoms may commence within a few minutes of the act of swallowing, or may be delayed for several hours ; in general they commence within an hour; faintness, depression and nausea, with intense burning pain in the region of the sto- mach, increased by pressure ; the pain in the abdo- men becomes more and more severe, and there is violent vomiting of a brown, turbid matter, mixed with mucus, and sometimes streaked with blood; purging, more or less violent, accompanied by severe cramps in the calves of the legs ; dryness and burn- ing 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, paralysis and tetanic convulsions or spasms in the muscles of the extremi- ties. The symptoms are generally continuous, but sometimes there are intermissions. The pain, which is compared to a burning coal, is sometimes absent, and there may be neither vomiting nor purging, although the former is seldom wanting. The intense thirst is sometimes absent, and occasionally the symptoms almost resemble those of a narcotic poison. In cases of recovery from the first eflfects, or of poi- soning by repeated small doses, there will be inflam- mation of the conjunctiva, suffusion of the eyes, and intolerance of light. A peculiar eruption is often produced, resembling nettle-rash. Local paralysis, in ii 83 lien, soft ymptoms e within r may be }mmence I nausea, the sto- ;he abdo- there is r, mixed 1 blood; )y severe nd burn- it ; pulse pmetimes I painful d tetanio extremi- lous, but n, which absent, ipurging, intense ally the Q poison, r of poi- i inflam- yes, and is often araljsis, preceded by numbness or tingling of the fingers and toes, arc of frequent occurrence. Salivation, stran- gury, 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. Chloride of mercury or corrosive sublimate. — The symptoms come on immediately, or after a few minutes, the poison exerting a chemical or corrosive action on the animal membranes. A strong metallic taste is perceived in the mouth ; a sense of constric- tion of the throat during the act of swallowing, amounting almost to choking, and a burning heat in the throat, extending to the stomach ; shortly a vio- lent pain is felt in this organ, and over the whole abdomen, increased by pressure ; frequent vomiting of long, stringy masses of white mucus, mixed with blood, together with profuse purging, the evacuations being of a mucous character, and sometimes streaked with blood; pulse small, frequent and irregular; tongue white and shrivelled ; skin cold and clammy ; respiration difficult ; and death is commonly preceded by syncope, convulsions, and general insensibility ; urine often suppressed; salivation is sometimes pro- duced in a few hours, but more generally only after the lapse of some days, if the patient survives so long; sometimes the mucus membranes of the mouth are uninjured, and pain on pressure is occasionally absent. When taken in small doses at intervals, colicky pains, nausea, vomiting and general uneasi- ness are produced; the salivary glands become pain- ful, inflamed and ulcerated, the tongue and gums red 84 I h: r1 and swollen, and the breath has a peculiarly offcnsivo odour J difficulty in swallowing and breathing. Sali- vation often occurs, but this may be produced in some persons by very small doses of calomel. Calo- mel 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. Salts of Lead. — Acetate and carbonate of lead produce 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, cramp, and paralysb of the lower extremities, are produced. The symptoms often remain for a long time, return- ing again and again. The carbonate is not so poi- sonous as the acetate, requiring large doses to produce any very serious effect j 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 fasces are passed, they are usually of a dark colour. A peculiarly well- marked character in cases of poisoning by lead, espe- cially when the poison has been gradually absorbed during a considerable period, is a clearly defined blue line round the gums, where they join the teeth. Occasionally purging is produced, and sometimes the symptoms reappear after the patient has apparently recovered. Chronic poisoning by lead may occur among persons exposed to the powder of many pre- parations of that metal, especially white lead, and 85 y oifcnflivo iing. Sali- oduced in lel. Calo- nall doses, individual, le salivary ,te of lead Dwels ; the pain in the observed ; jrampj and produced, ne, return- Qot so poi- to produce ed in small 3 the usual lie). The y pressure, issed, they iarly well- lead, espe- 7 absorbed ifined blue the teeth, etimes the apparently may occur many pre- lead, and may also be caused to a certain extent by the conti- nued use of some hair-dyes. Even handling articles containing lead may, under some circumstances, pro- duce paralysis. Chronic poisoning may also be caused by the use of certain waters, when kept in leaden cisterns. Copper. — Poisoning by the sulphate or acetate of copper (blue vitriol and verdigris) is not common, owing to the color and strong taste of these salts ) 'but serious effects may be produced by the use of pickles and other culinary preparations made in cop- per vessels. When a considerable quantity of cither of the above salts has been taken, the following symptoms are usually observed : — Metallic taste ; constriction of the throat; griping pains in the stomach and bowels ; pain in the abdomen, increased on pressure; increased flow of saliva; purging and vom- iting,' the vomited matter being generally of a blueish or greenish color. When the poison is absorbed, the breathing becomes hurried and difficult ; quick pulse ; weakness ; 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 leflb in copper vessels, are apt to become injurious. When chronic poisoning ensues from the after effects of a large quantity of somo preparation of copper, or from the gradual assimQation of small quantities, excessive irritability of the alimentary canal is established, with tenderness of the abuomcn, and colicky pains resem- bling dysentery; frequent tendency to evacuate I f ■ 1.1 i I i! I! 86 and to vomit; loss of appetite; prostration and paralysis. Antimony. — Althougb several of the preparations of antimony, especially tartar-emetic, are largely used in medicine, and occasionally in large quantities, they may at all times, and under peculiar circumstances, act as poisons : children, for instance, having been frequently killed by comparatively small doses of tartar-emetic. When a large quantity has been swallowed a metallic taste is noticed, followed in a few minutes by violent vomiting ; pain in the stomach and bowels ; purging, 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 perspiration; congested state of the head and face ; extreme 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 purg- ing. Generally the quantity of urine is increased. Persons may recover after taking a large dose of tar- tar emetic ; but if subjected to repeated doses during recovery, fatal results may ensue. A peculiar erup- tion, resembling small-pox, is sometimes observed. 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 87 iparations •gely used ities, they mstances, ring been doses of has been )wed in a e stomach 1 choking i flow of lometimcs surface ; the head muscular rceptible ; ice livid; exertion ; siousness. several and purg- ncreased. se of tar- ges during liar erup- observed. small and ed, which omiting ; h; great depression ; coldness of the skin, and clammy pers- piration. Zinc. — Sulphate of zinc in an overdose produces pain in the abdomen, and violent vomiting coming on almost immediately, and followed by purging. Death fnay result from the exhaustion caused by excessive vomiting. Chloride of zinc produces similar symp- toms ; but acts also as a corrosive, destroying the membranes and producing frothing. Iron. — Green vitriol, or copperas, is sometimes used as an abortive, and may produce violent pain, vomiting and purging, sufficient to cause death. Vegetable and Animal Irritants. Savin is often used as an abortive, as from the violent pain in the abdomen, vomiting and strangury which it produces, it may sometimes have that effect. Purging and salivation are sometimes observed. Colchicum which has lately been used intentionally as a poison, produces burning pain in the gullet and stomach ; violent vomiting, and occasionally violent bilious purging. CantharidcSj which is sometimes used as an abor- tive or as an aphrodisiac, produces burning in the 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 discharged are mixed with blood and mucus. After a time there is often I rii fi 88 scvcro priapism, and the genital organs are swollen and inflamed. NEUROTIC POISONS. These poisons affect principally the brain, spina) marrow and the nervous system. They possess no corrosive properties; produce no local chemical action j 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. Opium. Laudanum. — The symptoms are giddiness, 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 stertorous. The expression of the countenance is placid, pale and ghastly ; the eyes heavy, and the lips livid ; vomiting and purging are sometimes observed ; convulsions are sometimes pro- duced, especially in children ; and all secretions are suspended, except by the skin, which is often bathed in perspiration. The symptoms 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. a B c swollea possess no chemical rging, and arances in I vessels of I observed, ino of tho acid. ( giddiness, cceeded by bhc patient len coma The pulse respiration full; the Dression of the eyes urging are times pro- rctions arc ten bathed commence times in a iim and of the same addition, f 81) excessive itching of tho skin, followed by an erup- tion, and frequently causing convulsions. Pnissic acid.'] The symptoms occasioned by a largo dose of this acid may occur almost instantan- eously, and are rarely delayed beyond one or two minutes. Hence the first symptoms are seldom seen, but when the patient is examined at tho above period, he is found perfectly insensible ; eyes fixed, promi- nent and glistening, pupils dilated and unaffected by light ; limbs flaccid ; jaws fixed ; frothing at the mouth ; skin cold and covered with clammy perspi- ration ; convulsive respiration at long intervals ; pulse imperceptible; and involuntary evacuations are occasionally passed. The respiration is slow, deep, gasping, and sometimes heaving, sobbing and convul- sive. 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 tho eyes. Oil of bitter almonds, bitter almond water, laurel water, and cyanide of potassium may all produce effects similar to those caused by prussie acid. Owing to the extensive use of the last named salt by photographers, many serious accidents have happened. The kernels of peach, apricot and cherry stones may also produce similar symptoms if eaten in quantity. Alcohol, when swallowed as raw spirits or high wines, may act as a poison. Death may be produced almost instantaneously, or the ordinary symptoms of I I 00 iDtoxication may como on after a few minutes, end- ing in insensibility and convulsions, which latter are often absent. With diluted alcohol excitement may be produced before stupor, but with concentrated profound coma may be induced in a few minutes. Tobacco, when swallowed in a solid form or as an infusion, may produce faintness, nansea, vomiting, giddiness ; delirium ; loss of power in the limbs|; relaxation of the muscular system ; trembling ; com- plete prostration of strength ; coldness of the sur- face, with cold, clammy perspiration ; conyulsivo movements ; paralysis and death. Sometimes there is purging, with violent pain in the abdomen ; some- times a sense of sinking or depression in the region of the heart ; dilatation of tho pupils ; dimness of sight, with confusion of ideas ; weak pulse and diffi- culty of breathing are also observed. The poisonous principle of tobacco (Nicotine) will cause death with almost the same rapidity as prussio acid, and with very similar symptoms. i 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 nux vomica, and the alkaloid strychine which is contained in the berries. Strychnine. — The taste of this substance is in- tensely bitter, and ut an interval of time varying from a few minutes to one hour or more, the person nutes, end- h latter are omont may )ncentratcd uinutcs. m or as an , vomiting, the limbs|; ilingj com- of the 8ur- conyulsive stimes there men ; some- i the region dimness of Ise and diffi- le poisonous ! death with 1, and with but on the ulsions and anus. The 'omica, and aed in the ance is in- me varying 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 com- mence; the limbs arc stretched out, the hands clenched, the head is bent backwards, and the body assumes a bow-like form, supported 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 eyeballs prominent and staring ; the lips livid ; a peculiar sardonic grin is noticed on the features. Between the paroxysms the intellect is perfectly clear j but there may be loss of consciousness before death. The fits are intermittent, whereby poisoning by strychnine is distinguished from tetanus ; moreover, the symp- toms 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 person generally dies within two hours, often in less than half an hour. The rigidity of tho body and arched position of the feet often remain after death. Half a grain may be considered as a fatal dose. But few of the other spinal poLsons have been used for felonious purposes, but accidents have net unfrequently happened from the accidental use of the roots or leaves of certain plants. The following may be mentioned as occurring in this country : Cicuta maculuta, musquash root, beaver poison. — The roots of this plant arc sometimes mistaken for parsnips. The symptoms arc giddiness ; dimness of f 'I'll ill , , li I 3 I I 1 • •! '1 1 >i 1 1 ]'■' i 1 ' 1 1 ii: li I hi 92 sight ; headache, and difficulty of breathing ; burn- ing pain in the stomach, with vomiting, and often convulsions preceding death. Conium maculatum (naturalised) varies in its effects, producing sometimes stupor, coma and slight convulsions ; at others paralysis of the muscular sys- tem. The first effects are like intoxir<^tion. jEthusa cynapium (naturalised). — The roots may be mistaken for turnips, and produce symptoms re- sembling those of conium. Slum Uneare is a common plant in this country, and would probably produce similar symptoms. Aconitum napellus, being often grown as a garden plant, may occasionally give rise to accidents. Numb- ness and tingling of the mouth and throat ; the same feol'ng in the limbs j giddiness; loss of power; frothing ; severe pain in the abdomen, followed by vomiting and purging, are the most common symp- toms. Sometimes the patient is completely paralysed, 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 accident. Datura stramonium (partly naturalised). — The seeds of this common plant are exceedingly poison- ous, and often produce furious delirium and, after a time, insensibility, which may terminate in death. (93 ) ng; burn- and often ies in its and slight iscular sys- n. roots may mptoms re- kis country, »toms. as a garden ats. Numb- tj the same of power; followed by imon symp- paralysed, nd cerebral istaken for ire may be 3ed).— The Qgly poison- and, after a in death. ■'i^i Sect. CHAPTER V. OF WOUNDS AND BRUISES. 1. Examination of toounds 93 2. Characters of a wound inflicted dxiring lift . 94 3. Characters of a wound made after death ... 96 4. Practical remarks 96 Sect. 1. Examination of Wounds. i IIE wounds on a dead body should bo examined as to their situation, form, extent, length, breadth, dopth and direction. And the presence or absence of effused blood, either liquid or coagulated, and ot ccchymosis in the skin, should be noticed. The sur- rounding parts and edges of wounds should also bo carefully examined, care being taken not to destroy the external appearances more than can possibly be helped, ^ these often afford valuable evidence in identifying the weapons used (1). The dissection, too, should not be confined to the injured part, par- ticularly when the death would not apparently be caused by the wounds found on the body. All the organs and cavities should then be carefully inspected, to see if any natural cause of death existed (2). Deaths apparently caused by violence have sometimes (1) Taylor, 18M, (2) Taylor, 18:'.. 'Ill^il : 94 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 fa- ther'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 discovered from the absence or presence of food therein, and when present, from its nature and degree of digestion. P: \i I i I'M ,,i Vfi '11 i^ m ii li Sect. 2. Characters of a wound infiieted during life. Dr. Taylor says the principal characters of a wound inflicted during life are : — 1. E version of the edges, owing to vital elasticity of the skin. 2. Abundant hoemorrhage, often of an arterial character, with general sanguineous infiltration of the surrounding parts. 3. The presence of coagula. It seems wounds which prove immediately fatal do not always present any characters by which to dis- tinguish them from wounds made upon the dead body (1). Wounds which prove fatal within ten or (1) Tftylor, 184; in note by the Amertcan editor. ,..';~^:_ I 1 . Mli: S 95 he case in L girl died flicted by Dg rather the nature t stomach, oid her fa- lases shew QO matter rent cause e stomach f death is r presence its nature H 7 li/e. 'a wound he edges, \.bundant ter, with Tounding y fatal do h to dis- the dead in ten or or. ^1 twelve hours present throughout much the same characters (1). The presence of gangrene, the effusion of adhesiye or purulent matter, or swollen and enlarged edges, and the commencement of cicatrization, prove the wound was made sometime before death (2). A burn which has occurred during life will, in general, leave marks of vesication with serous effusion, or a line of red- ness, or both, about the burnt part (3). Sect. 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. Ab- sence of copious hoemorrhage. 2. If there be hocm- orrhage, 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 diflScult 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 dis- tinct, until medical testimony can prove no more % i'1 (1) Taylor, 184. (2) Tnylor, 184. (;3) Taylor, 302. ¥^ m 1 i: :, ! iil! i "I iiiji 'f 96 than that the wound was made during life, or^ very shortly after death (1). Cuts and stahs, if made during life, bleed profuse- ly, but much less, if at all, when made after death, so that the quantity of blood lost is something to judge from in these cases. Lacerated and contused wounds, however, do not always cause much hoemor- rhage (2). Sect. 4. Practical remarks. The discoloration of the skin (called ecchymosis) which usually follows contusions and contused wounds, does not always take place around or even near the seat of injury. Sometimes it is found at some dis- tance, and leads to mistakes as to the exact place of the injury, or to the number of injuries received. These discolored parts are generally recognised as not being the immediate seat of the violence from the skin over them being smooth and unabraded (3). This discoloration often proceeds from natural causes. Aged persons sometimes have it on their legs and feet (4). Persons severely afflicted with scurvy will get it on the slightest pressure (5). After death it repeatedly appears, particularly if the person died suddenly, in diffused patches, in stripes, travers- ing and intersecting each other in all directions, and (1) Taylor, 185, 186. (8) Taylor, 187. (2) Taylor, 185, 180. (4) Taylor, I'Jl. (5) Ibid. ? «. 97 or^ very profuse- v£ death, thing to contused L hoemor- ihymosis) i wounds, I near the some dis- place of received, sed as not from the id (3). natural on their cted with 5). After he person , travors- tions, and 7. in spots varying in size ; and to the unprofessional observer presenting the appearance of being the effect of blows from a stick or other violence (1). But whether proceeding from infirmity or disease in the living, 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 (2). Putrefaction will also produce suspicious-looking marks on dead bodies, but their general characters are well distinguished, and cannot easily be con- founded with marks of violence (3). While we bear in mind that apparent marks of violence found on dead bodies are often the result of natural causes, we must at the same time remember that severe internal ruptures and lacerations may occur from violence, without there being any external discoloration to indicate their cause (47- These rup- tures can be distinguished from those occurring from natural causes by the absence of disease in the organ injured (5). Wounds made with a cutting or stabbing instru- ment can generally be recognized by their appearance. The edges are clean and regular. The wound pro- duced by a stab is apparently smaller than the ins- triiniGnt used, owing to the elasticity of the skin ; but sometimes, from its mode of infliction, it is larger. (1) Taylor, 193. (2) Taylor, 192, 193. (8) Taylor, 191. (4) Taylor, 195. \\i\% K (5) Taylor, 195. •^m^ 98 i i ! Whon the weapon passes through the body, the exit wound is usually smaller than the entrance aper- ture (1). 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 ex- pose any pretence of the kind. Accidental injuries of this nature present marks of laceration and irregu- larity. Contused wounds are the most difficult to deal with. They can seldom be positively ascribed either to criminal violence or to mere accident, from an ex- amination alone. The number, extent and position of the injuries may help to explain their origin. An accidental fall will seldom produce 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 (2). 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 instrument by which the wound is supposed to be made examined for similar substances. 'if: (1) Tivylor. 196. (2) Taylor, 11)9. 99 y, the exit ance aper- Btating the jrockery or limself. A enerally cx- ital injuries and irregu- jult to deal sribed either from an ex- md position origin. An number of s effusion of fall usually 1 wounds on h made with rer the parts lature of the le dress with eldom divide generally be ar the injury istrument by de examined lUl). 4 Evidence as to whether a wound is tho result of suicide, homicide or accident, can sometimes ba gathered from a close examination of its situation, direction, shape and extent. Coroners cannot be too particular in gathering the minutix of wounds fromi a medical witness, for if anything important is omit- . ted at the inquest, any further examination of tho body is seldom practicable. The weapon with which a wound is produced is not always covered with blood, particularly if tho wound is a stab. Sometimes no blood is found on the weapon, or there is only a slight film, which, on drying, gives to the surface a yellowish-browa color (1). When blood is found, the manner in which it is diffused over tbe weapon should be care- fully noticed (2). Any hair or fibres adhering to the weapon, or imbedded in blood on the weapon, should be examined with a microscope or powerfu lens, and its nature — whether human hair or not, or cotton, woollen or other fibres — ascertained (3). Foreign substances, such as wadding, paper, hay- Beeds, 4&C., found in wounds may afford strong evid- ence of their origin, if carefully examined (4). 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 murder ia committed. Tho mud should be examined microscopically (5). In all cases of death from violence or maltreatment the mortal injury is not necessarily specif u and well- (1) Tiiylor, 218. (2) I hid. (8) Taylor, 21H. (1) Taylor, 213. (5) Tuvlor, 215. % I ■1^ ■ I , flfT'"' !• ! 1 I V I t i . 100 defined, for deatb may result from shock, without there being any visible internal or external lesion. The shock may be occasioned by a single blow, or by many injuries each comparatively slight (1). In such cases the age, constitution, and the previous . state of health or disease may accelerate or retard the fatal consequences (2). It is sufficient to constitute murder 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 unskilful treatment; but it is otherwise when death arises not from the wound, but from unskilful applications or operations used for the purpose of curing it (3). In the one case death results from the wound by improper treat- ment, in the other from improper treatment irrespec- tive of the wound. When death is owing to the wound, it matters not if more skilful treatment o^^ more favorable circumstances would 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 labored under a mortal disease at the time of the act (4). A 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-ves- sels of the neck, ruptures of the diaphram and of the bladder, generally prove rapidly fatal, and immcdi- (1) Taylor, 226. (2) Taylor, 226. (3) 1 Hale, 428. (4) 1 Hale, 428. ;k, Tvithout rnal lesion, blow, or by It (1). In lie previous »r retard the lat the party er, although it became so \ treatment ; lot from the jr operations In the one iproper treat- Lient irrespec- )wing to the treatment o'^ kVe prevented of the party the prisoner, nortal disease not bound to ealthy a state }on him. eat blood-vcs- im and of the and immcdi- I, 428. 428. 101 atcly deprive the injured person of the power of volition and locomotion : but cases arc on record of persons surviving for some time after receiving such injuries, and retaining the power of volition and lo- comotion, almost to the time of death. By bearing such ca.ses in mind, difficulties arising from the body being found at a distance from where the injury could have been received, uch assist- ts of blood lissolves ia 1 red solu- iflfers from kino and Ilia, unless tity, wliea sink when :a. After suspected heat to it ates. By red, and a seems to ck. efove being applied to )rs it insol- 107 bo the most reliable test of blood, as other red color- ing matters do not lose their color by its application. Nitric acid and a solution of corrosive sublimate will both produce a precipitate in the red solution of blood. The coagulum produced by boiling a solution of blood, when collected in a filte* and dried, forms a black resinous-looking mass, quite insoluble in water (1). These tests, it must be remembered, can merely prove the matter to be hlood. Whether human blood or not must be otherwise ascertained. When the blood is on clothing endeavor to ascer- tain whether the articles examined were worn by the deceased or accused as the case may be. 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 colorless linen and other stuffs. And on colored 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 deep red color, which changes to a reddish brown after a few hours (2). 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 color- ing matter to apply the tests above given. If the solution is too .small in quantity to obtain coagula by heat, the chemical tests must bo abandoned, and the In f;: (1) Taylor, 228. (2) Taylor, 230. gP I 108 Pill; ill :|- i i ^ Fif& lipi *i microscope resorted to. If possible, it should bo ascertained on which side of the clothing the blood fell, as this may be of importance. Generally, the Bide which 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 plaster or wood which is unstained. Suspected spots on weapons may be tested by expo- sure 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 (1). 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. IJy this means the coloring matter of blood will be dis- solved 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 evolve ammonia, which may be detected by its turning red litmus paper blue. 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 adult. Nor can menstrual blood be distinguished from that of the body generally (2). (1) 2 Beck, 14G. (2) Taylor, 236. ^ 101) should bo the blood crally, the ud, will be • scrape off )ed in like ises to first rood which id by expo- blood they arise from stains, the • a stratum id lay the rface. 15y pill be dis- mt upon. jcraped off horn and ;ed by its Human blood may, however, in some instances, bo distinguished from that of animals by means of tho rricroscope; but this test requires so much experi- ence and familiarity with the instrument, that few pernons arc capable of making use of it. To those who do possess the requisite knowledge, any infor- mation that could be given on the subject in this lit- tle work would be useless. Before closing this chapter it is proper to repeat that the examination of blood stains should bo en- trusted to professional men alone, where practicable, and in cases not requiring immediate investigation, the assistance of a chemist or surgeon possessing Provincial reputation should be obtained. The tests are all of them of a delicate nature, requiring judg- ment and experience to produce reliable results, and should not be left to inexperienced persons to deal with. blood of a a woman, ult. Nor m that of 236. ■ * rl h;, I, ili: ; ■■ii • I I ^1 ^M W: l'\ ¥' ( 110 ) CHAPTEIl VIII. OF DE0DAND3. One species of homicide per infortunium, ■which does not arise from the killing 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 Eng- land, 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 Vic. ch. 62, were entirely abolished in England. They have not been done away with in Canada by statute, but practically they are abolished, as they are never found by Coroner's juries (1). (I) The statement in the text is perhaps not strictly cor- rect, as the writer has heard of one instance of late where a Coroner's jury found a railway car deodand! This is pro- bably the only precedent in Canada for such a forfeiture. It is now time that dcodands were abolished by positive enactment, since every thing of practical use arising- from them is more elfectually attained by the provisions of our Htatute respecting compensation to the families of persons killt'd In- accident (Con, Star. Can. e. 7S). i-' (Ill) rif "which r man, is default, creature, ioned by imon law cases was inder the I appears r in Eng- the souls jn death. t)erstition d reason ntenance ,by9& Ingland. anada by as they CHAPTER IX. OP FLIGHT AND FORFEITURE. i^ ORMERLY it was the duty of Coroners to enquire what goods a person found guilty of murder had, and to cause them to be valued and delivered to the Township. This part of their duty was abolished by 1 Rich. III., ch. 3, except, perhaps, in cases where the accused flies, when it is said the Coroner may, as formerly, seize the goods of the fugitive. It is not usual in this country for Coroner's juries to make any enquiry as to flight or forfeiture (1). (1) Juries empanelled to try persons indicted for treason or felony are forbidden to enquire concerning their lands tenements or goods, or whether they fled for such treason or felony, by Con. Stat. Can. ch. 99 s. 51, but this provision does not appear to apply to Coroner's juries. rictly cor- ;e where a lis is pro- forfeiture, y positive sing from ns of our )f persons \r ii ':: iil ''4 . n 1 1 !ii, i H ;i I !! .*!! ( 112) CHAPTER X. OF EVIDENCK (1). Sect. 1. Competency of loitnesscs 112 1. Idiots 113 2. Lunatics 114 3. Children 114 4. Infidels 114 6. Prisoners 114 6. Husband or wife of prisoner 115 2. Primary Evidence 110 8. Presumptive Evidence 117 4. Matters of opinion US 5. Matters of privilege 118 6. Hearsay Evidence Ill) 7. Relevancy of Evidence 122 8. Leading (jnestions 123 9. Proof of handwriting 123 10. Proof of document* 124 • Sect. 1. Competency cf Witnesses. All persons of sound mind and of sufficient intelli- gence to understand the nature of an oath, and who (1) It will be necessary to remind the professional reader that this work is intended for the practical nse of Coroners alone, and consequently when it treats of any branch of tlie 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. 113 112 .... 113 114 .... 114 114 114 115 lUJ 117 118 118 11'.) ... 122 ... 123 123 .... 124 ent intelli- , and who onal reader of Coronern ancli of tlic n ffive 3uch to Coroners 1 i believe in its religious obligation, not being tlio pri- soner or the wife or husband of the prisoner, arc 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 rule are — 1. Idiots. 2. Lunatics. 3. Children. 4. Infidels. 5. Prisoner. 6. Husband or wife of prisoner. Each of these classes requires to be noticed sepa- rately ; 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 examina- tion on the voir dire ; and formerly it was held that no objection to the competency 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 examina- tion (1). There are various causes which may affect the credibility 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 under- standing from their birth are incompetent to give ^'1 = m u ■Ail ''A (1) JervisO. C. 261. 114 evidence. Persons born deaf, dumb and blind arc looked upon in law as idiots. But this is a legal presumption which may be done awaj with bj proof of understanding and sufficient religious belief Deaf and dumb persons may give evidence by signs, or through an interpreter, or in writing (1). 2. Lunatics are those who, having had under- standing, have lost their reason, by disease, grief or other accident. They are only competent witnesses 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 is his religious belief. If he has such a knowledge of the obligation of an oath, as to understand the religious and secular penalties of perjury, he is competent — otherwise not. 4. Infidels.'] Persons who do not b' ieve in God, or if they do, 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 (2). The only means at the disposal of the Coroner for determining whether a proposed witness is such an infidel as to be incompetent to give evid- ence, is to question him upon the voir 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. 5. Prisoners.] The prisoner is not competent to give evidence for or compellable to give evidence (1) 1 II. P. C. 34 ; 1 Leach C. C. 455 ; 3 Car. & P. 12Y. (2) Willes, 538. 115 at witneascs against himself: but accomplices arc admissible to give their evidence for what it is worth. A settled principle with regard to the evidence of accomplices is, that a prisoner ought not to be convicted upon the evidence of any number of accomplices; if uncon- firmed or uncorroborated by other testimony (1). The testimony of the wife of an accomplice is not a proper confirmation of his statement (2). The con- firmation need not be in ev3ry particular, as long as it is sufficient to satisfy the jury that the evidence is worthy of credit (3). The accomplice's evidence ought, however, to be corroborated with regard to the identity of the prisoner, so as to satisfy a jury that the prisoner is the person who committed the crime which is charged against him by the accom- plice (4). 6. Husband or wife of prisoner."] In all cases which can fall under the notice of Coroners, husbands and wives are not competent to give evidence for or against each other, except in the case of a wife mur- dered by her husband, when her dying declarations, if not otherwise inadmissible (5), are evidence against him (6) ; as are also the dying declarations of the husband against the wife, under similar circumstan- ces (T). And after a divorce a vinculo matrimoniij either husband or wife can give evidence for or against the other (8). ic i'vil (1) 6 C. (t P. 236. (2) 7 C. (fe P. 168. (3) Jervis 0. C. 260. (4) 8 C. *'• 6. Opening the Court 1 '^'> 7. Vicwinij Ihe Body l'^>8 1. The place where the body is found. ... 140 2. The position of the body 142 3. The marks and spots upon the body and clothing 143 4. The surrounding objects 144 5. The hearing and conduct of the parties in attendance 145 8. Continuing and adjourning the Court .... 145 9. IVie 3fedlcal testimony 151 10. The Depositions 162 11. Obstructions — how j/unished 1<34 12. The Inquisition 165 1. The venue 160 2. The place wliere holdcn 167 8. The time when holdcn 167 4. Before whom holden 167 5. The view 167 6. T/ie description of tlie deceased 168 V. Wliere the body lies 168 8. The jurors and their finding upon oath 168 9. The charge to inquire , 16'J 10. The verdict 169 11. The part>i charged 170 1 2. The addition 171 13. I'he allegation of time and place .... 171 14. 77ic description Qf the act 172 15. Tlie attestation 174 13. Publication of proceedings 175 14. Defraying expenses c 175 (1) For the Forms connected with this chapter see the Appendix. ' i 127 127 1 2.S 12'J 1 *JO • ••••• 1 ' > O r.M) IHC) i;]8 md. . . . 140 142 )ody and 143 144 e parties 145 irt . . . . 145 151 162 164 165 16G 167 167 167 167 168 168 0071 oath 168 161) 169 170 171 ce .... 171 172 174 175 175 pter see tlio ♦ 9 Sect. 1. When and where holden. W ITEN the Coroner receives proper notice of a death having taken place under such circumstances as require investigation (1), he should proceed to hold his inquest forthwith, by issuing a precept or warrant (2) to summon a jury to appear at a par- ticular time and place named. The inquest must be taken within a reasonable time after the death. Seven months has been held too late (3). But the time ought in each case to be governed by the state of the body. If it is so far decomposed as to afford DO information on view, the inquiry should be left to the justices of the peace. Still it is difficult to say when the body will afford no information, for in some instances the bones alone might point out the cause of death ; and in some cases of poisoning, traces of the poison might be found long after the body was decomposed ; yet, it is said, the whole of the body should be inspected (4). However, in the compa- ratively few instances when a Coroner is called upon to hold inquests long after the death has happened, he must govern his decision in this respect by a judi- cious consideration of all the facts he can learn with regard to each case. If the body has been buried, the Coroner may lawfully take it up for the purpose (1) Soe page 7. (2) See Form Xo. 7. (3) 1 Stra. 22 ; 1 Salk. 377 and 235. (4) R. V. Bond, 1 Stra. 22. v!l ir i i i! ' H| 1 ' m. I V ■I: • M. ': If hit ■.' , M m f I - : '? •! i^is' i •' t k if H 1 ; ; I, ' 128 of holding an inquest. It is a misdemeanor to bury the body before or without sending for the Coroner ; and, if possible, the body ought not to be moved in any way until viewed by the Coroner and jury (1). The proceedings by inquisition, being judicial, must not be conducted on a Sunday (2). 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 (3). In olden days the impanelling of the Coroner's in- quest and the view of the body was commonly in the street, in an open place, and in corond populi (4) j but in modern times it has become usual to hold the inquest in any convenient building. Sect. 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 not (5). The power of deciding who shall be present and who not rests with the Coroner, who, together with all persons who administer a public duty, have a right (1) 1 Salk. 377. (2) 9 Co. 666. (3) 2 Hawk. clx. 9 s. 25; Latch. 166; Poph. 209. (4) Hirit. of the Commonwealth, by Sir T. Smith, p. 96. (5) Only those summoned, or who are suspected or inter- ested in the result of the inquii*y, or live in the neighbor- hood where the body is found dead, at most have such a right. Jer. 0. C. 241. I 120 r to bury Coroner J moved ia iry (1). judicial, ist should 3 viewed, stion (3). mer's in- ly in the mli (4) J hold the other the It seems not (5). and who with all e a right th, p. 96. I or inter- aeighbor- fd such a to preserve order in the place where it is adminis- tered, and to turn out whom ho thinks fit without rendering himself liable to an action of trespass (1). And the Coroner's court being a court of record (2) of which the Coroner is a judge, this is in accordance with the ancient rule that no action will lie against a judge of record for any matter done by him in the exercise of his judicial functions (3). But however clear the power to exclude the public from inquests may be, and however proper for the sake of decency, or out 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 shew- ing a little authority. A Coroner had far better err on the side of publicity, than in conducting his pro- ceedings too secretly. When any one is excluded it should be for a just cause, and after due consideration. Sect. 3. The Jury J and hoio summoned. Inquests held by Coroners are expressly excepted from the operation of the Upper Canada Jurors Act (4) by section 131, and Coroners left to make all inquests by jurors of the same description as they (1) G B. ife C. 611 ; and soc 10 B. 131 c passing or jurors 1(1 honest ar(i not jcoms the G rejected g, jurors yn name, the sub- ;hc town- although jannot be rred. it to be a prisoners rsons not e impan- it ia the rving on ;ed from bo sum- 12, 213. Its. U. C. i } The jury may consist of any number of persons not less than twelve ; and the verdict must be the opinion of the majority, provided that majority bo composed of twelve jurymen at least. If twelve cannot agree, the jury are to be kept without meat, drink or fire (1) until they return their verdict, and if this is ineffectual, no verdict can bo taken by the Coroner, and ho should adjourn them to the next assizes, when they may have the benefit of the opinion and direction of the judge (2). The jury may at any time during the investigation call back witnesses and ask them further questions. It is the province of the jury to investigate and determine the facts of the case, but they should take the law 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 (3) able and sufficient men to appear before him at an hour and place named. This warrant, with a summons for each juryman (4) is given to a constable who should serve the jurors personally, or at least leave the summons at their (1) In modern iiractico this Imrah law is mitigate?!, and the jurors are allowed reasonable accommodation and com- forts while making up their decision. If, after some delay, there is evidently no chanr ? of a verdict — the diileronco of opinion among tlio jurynK'n a])peiiring to bo penuaiieiit, without any liope of thuir huiug brouglit to unanimity — tho Coroner should adjourn the jury to the assizes. (2) Jervis O. C. 256 ; Comb. 38G. (y) Any number thought advisable may be summoned. See form No. 7. (4) See Form K'o. 9. r I ,. lid 1 >' I 'R| 132 dvrcllinf^-houso with somo grown up member of the family, and return the warrant to the Coroner with the nanu33 of the persons summoned (1). Where a party jury is rcfiuircd, a warrant must also bo issued to the gaoler of the prison (2). If any person duly summoned as a juror does not, after being openly called three times, appear and servo as such juror, the Coroner may fine the delin- quent person any sum ho may deem proper, not exceeding four dollars (o). And he must thereupon make out and sign a certificate (4) containing the christian and surname, residence and trade or calling of such person, the amount of the fine imposed and the cause of the fine, and transmit such certificate to the Clerk of the Peace for the county, or to the clerk of the Recorder's court of the city, in which the per- son resides, on or before the first day of the Quarter Sessions of the Peace, or sessions of the Eecorder's court then next ensuing, and cause a copy of such certificate to be served upon the person by leaving it at his residence within a reasonable time after the inquest. And the fine so certified is estreated, levied and applied in like manner, and subject to the like (1) See Form No. 10. (2) See Form No. 8. Jorvis O. C. 322. {^) Con. Stat. U. C. ch. 125 s. 8 ; and Con. Stat. Can. ch. 88 s. 6. But see also ch, 81 s. 169, which empowers Coro- ners to fine defaulting jurors up to twenty dollars. As ch. 125 Con. Stat. U. C. and cli. 88 Con. Stat. Can. are special acta relating to inquests, and a fine up to four dollars is un- doubtedly legal under any of the acts, Coroners are rocoui- meudcd to adopt that sum as a limit. (4) See Form No. 13. 133 sr of the nor with Where a )0 issued Iocs not, icar and ho delin- per, not loreupon ning tho r calling Dsed and ificato to tho clerk the per- Quarter }corder's of such saving it ifter the d, levied the like . Can. ch. 'ers Coro- . As ch, •e special ars is un- re rocom- powers, provisions and penalties in all respects as if part of the fines imposed at such Quarter Sessions or llecorder's court (I). If sufficient jurors attciid the inc^ucst, it is unusual to line those who do not obey the summons. Sect. 4. The W'MesseSy and how autnmoned. Who arc competent witnesses has already boon considered in the chapter on Evidence {'!). All perons competent to give evidence who aro acquainted wit^ tho circumstances connected with the subject matter of enquiry, should offer their evidence to the coroner, and if they do not he has authority to issue a summons (3) to compel their attendance, and to commit them should they refuse to appear (4), or, after appearing, to give evidonco upon the subject of enquiry (5); 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 sec- tion (6). (1) Con. Stat. U. C. ch. 125 ss. 3, 4 ; and ch. 81 8S. IVO, ni ; and Con. Stat. Can. cli. 88 s. fi. (2) Sco pa:;c 112. (;i) Sec form No. !',>. (4) See Form No. 22. (5) See Form No. 25 ; 1 Chitty Cr. L. 1G4. (r.) Con. Stat, U. C. ch, 125 ss. )], 4 ; and Con. Stat, Can. ch. 88 s. 5 ; seo also Con. Stat. U. C, ch. 31 s. lOU ; and note 3 page 132. I ^1 'i.i ;: :■' «■ r* jj '■ I " ' ''* ( ■ t m. 'IP i!; 134 The witnesses are summoned by giving a consta- ble subpoenas (1) for them, which he must serve, and keep a memorandum of the service on each wit- ness, in order to be able to prove it. When the attendance of any person confined in the Penitentiary or in any other prison or gaol in the Province, or upon the limits of any gaol, is required^ the Coroner must make an order upon the Warden of the Penitentiary, or upon the sheriff, gaoler or other person having the custody of such prisoner to deliver him to the person named in the order (2) to receive him ; but no prisoner confined for any debt or damages in a civil suit can be removed out of the District or County where he is confined (3). On the appearance of each witness the Coroner should take down his name, abode and occupation, and then administer the oath that he shall speak the truth, &c. (4). The witnesses should be sworn in euch manner as they think most binding upon their consciences. A Jew is sworn upon the Pentateuch; a Turk upon the Koran, tV,c. And Quakers, Menonists, Tunkers and Unitvid Brethren, or Moravians, are allowed by Con. Stat. U.C. ch. 32 s. 1, to affirm or declare (5). A witness or juror belonging to one of these sects must first affirm or declare as follows : — " I, A. B., do solemnly, sin- cerely and truly declare and affirm that I am one of the Si^ciety called Quakers, Menonists, Tunkers, or (1) Seo Foriii ^'o. 19. {'S) Con. Sttits. Can. ch. O'J s. 70, (2) «co Form ^'o. 20. (4) See Fonu No. 26 ; Uiuf. 177. (5) See Form No. 2i1. \ '\ / I consta- st serve, !ach witr ifined ia ol in the cquired^ Warden »aoler or isoner to rder (2) for any )ved out ed (3). Coroner jupation, peak the iworn in Don their itatcuch; Unitod 5tat.U.C. 3 or juror affirm or nly, sin- m one of ukcrs, or 99 s. lc>. Uiuf. 111. 135 Unitas Fratriim or Moravians/' as the case may bo, and then he must make the further affirmation, " I, A. ]^., do solemnly, sincerely and truly declare and affirm, &c." If any witness is a foreijiner, unable to understand English, he must bo examined through the medium of an interpreter, vpho must be sworn well and truly to interpret as well the outh to the witness, as the questions pu': to him by the court and jurj?^ and hia answers thereto (1). The Coroner must hear evidence for and agair.st the suspected person (2). After each witness is sworn, and his evidence re- duced into writing by the Coroner, it should be read over to him. Then ask him if it be the whole of the evidence he can give, and any additions or correc- tions he mentions may be noted, llequcst him to sign the depositions to the light hand of the paper. His doing so is not absolutely necessary (3), but to refuse is a contempt for which it is said the witness may be committed (4). Each deposition should be certified and subscribed by the Coroner. He should do so to the left hand in the following words : " I certify that the above information was taken and acknowledged the day, year and place above- mentioned, before me A. 15., Coroner" (5). 1 -V; .t' I i" (1) See Fonn No. 27. (2) 2 Jlale, 02, l'>1. (o) L. C. L. 996. (4) Sue Form No. 2(3 ; Cliitty C. L. 101 s. 1 ; C. tt K. OOU. (f') PoweU Kv. ;]07. ■ ■( :''.*; I tr* i' !»■ 'i i 13G If all the witnesses do not attend, or if there 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 appear- ance at the adjourned time and place (1). Sect. 5. Counsel. Counsel appear to be on the same footinj^ as the general public with regard to having a right to attend the inquiry — the better opinion being that the Coro- ner can exclude them if he thinks proper. This power should be cautiously used, as few cases can occur in which its exerc se can result in any good. 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 dis- crecion, exclude counsel for or against the suspected person (2). Sect. G. Opening the Court. On the day appointed the Coroner, constable, jurors and witnesses must all attend. The Coroner (1) See Form No. 32. (2) The professional render is referred to Jorvis O. C. 264 et scot, or tlio which tliG is Buid to ion of the cath, and tivo of or ISO. For g posturo ad to the i position mown to alculated And, on r bj their strongly e of this nself by window, sitting ed hy a ) of sui- ts hands iug, the import- il hanj;- hat the Casej nth the foot on the ground, kneeling, sitting, or even in a recumbent posture (1). The reader will probably renicnibcr the case of the cunviot Greenwood, who hung himself in tiie Toronto gaol. "When found ho was lianL'ini!; by a loniir towel from the bars of his cell window, and so close to the floor that he had to crouch in order to throw his weight on the towel. A curious case connected with this subject occur- red within the writer's own knowledge during tho month of January, 18G4. A woman of dissipated habits was found dead in her own house in a sitting posture. 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. If possible, the body should be first viewed exactly in the position in which it was found. 3. The marks and spots upon the hody and cloth- ing. These may be examined by the coroner and jury, but a medical witness will be more competent to draw conclusions from them, should the suspicious nature of the death render the production of such testimony proper. The body should be inspected for swellings, colored spots, wounds, ulcers, contusions? fractures or luxations, and any fluid flowing from the nose, mouth, ears, sexual organs, &c., should bo carefully noted. JBefore making this examination of the body the clothes should be looked at, and mud or bluod-stains thereon noticed. Also, any cuts or * 1 1 (1) Titylor, 570. ?, v'S i p f i; 1 1^ 'Ml ■ : li » ii 144 rents, their size, shape and direction, and whether they correspond with cuts or marks on the body. And, as the clothes are removed, notice what com- presses or bandages it' any arc applied to particular parts. 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 enquiries which should be made. Each case will present its own peculiar features, which the medical man must observe in such manner as his own judg- ment and foresight may prompt him. He should not, however, confine himself to more 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 remembering that hasty con- clusions or thoughtless omissions may both endanger his own reputation and the lives of his fellow creatures. 4. The surrounding ohjects.'] After concluding the examination of the body and clothes, the surrounding objects next demand attention. Ascertain the direc- tion of footsteps near the body, and search for marks, &c., 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, &c. If the death has been a violent one, search for the instrument, and if found see that its identity is preserved. In cases of suspected poisoning every vessel in which food has recently been prepared should be examined, and the contents reserved for analysis. M 145 ind whether I the body. 3 what cora- particular 1 the things and clothes, jest the sort eh case will the medical I own judg- He should ispection of He should I at the first 1 caution, if hasty con- 1 endancrer his fellow 3ludingthe irrounding the direc- for marks, jund, note d in what il, fresh or ine, search ;s identity ing every prepared served for The surrounding objects cannot bo too carefully noticed, as :he following cases will illustrate : — Tho perpetrators of the murder, in 17r)l, of Mr. Jeffries, by his niece and a servant, were discovered from tho dew on the grass surrounding the house not having been disturbed on the morning of the murder. This led to the suspicion that the murderer was a domestic, and had not left the premises. The murder, in 1818, of Mr. Tayloi, whose body was found in a river, was discovered from his hand being found clenched, and containing grass, shewing ho had struggled on the bank before he was thrown into the river. 5. The bearhif/ 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. — ♦- Sect. 8. Continuing and adjourning the Court. The body having now 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 with the body, nor at tho place where it was found (1). The Coroner first calls over the names of the jury. (1) Jcrvis 0. C. 323. 14(j to SCO tlicy uro all present; and having ascertained they arc satisfied with the view, ho then adds to his former charge any observations suggested by viewing the body, and informs thoui briefly of the object of their inquiry — viz., the cause of death, adding: '* I shall proceed to hear and take down the evid- ence 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 proclamation 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. 13. came to his death, let him come forth and he shall be heard." If the inquiry is to be conducted secretly the room must be cleared, and the witnesses called in one by one. When a witness comes forward to give evi- dence, the Coroner takes down his name, place of abode and occupation ; swears him either in Eng- lish (1) or through the medium of an interpreter, who must also be sworn' (2), and then takes down his evidence, having previously prepared his exam- ination papers or book by intituling the informa- tions (3). So long as the fair and obvious meaning of the words of the witness is taken down (4) in (1) See Form No. 28. (2) See Form No. 27. (8) See Form No. 30. (4) In cases of manslaughter or murder, or of accessories to nninler before the fact, Coroners are required by Coii_ Stat. Can. ch. 102 s. 02 to put in writing the evidence, or eo much thereof as shall be material. N 1 ■ l! ;;n' ;; ascertained adds to his by viewing; lie object of Jding : jn the cvid- i crave your silence, and iroclamatioa half of our md by what come forth tly the room d in one by give evi- le, place of ler in Eng- interpreter, takes down his exam- le informa- lus meaning lown (4) in 27. )f accessovio3 ivccl by Con. ideuce, or e') « 117 presence of the party accused, if he can bo appre- hended, the rcquircnicnts of the law will be fullilled, but it is frequently desirable at trials following in- quests that the exact words of the witness as uttered before the Coroner should be on record ; and Coro- ners are strongly recommended to take down the depositions in the exact natural language and peculiar expressions used by the witnesses, following their language in the lirst person. The party accused, if present, must be allowed full opportunity of cross-examination. Ijeforc the witness signs his examination let it bo 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 examina- tion himself to the left hand (1). All the evidence offered, whether for or against the accused, must be received (2). If, from all the witnesses not attending, or from a jwst 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 (3) of the jurors to attend at the time and place appointed, and notifying to the witnesses when and where the (1) See Form No. 31. (2) 2 Hale, 157. (8) See Form No. 32. ' i >-t' '■ »,! ^f^ 148 inquest will be proceeded in (1). The Coroner tlien dismisses theta (2). A warrant may now, in the discretion of the Coro- ner, be granted for burying the body (3), 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, and is unclaimed by any hondjide friend or relative, the Coroner must give notice thereof to the Inspector of Anatomy of the lo- cality, if there be one, and deliver it to him. If there be no Inspector of Anatomy for the locality, the body must be interred as customary (4). And the body of any person found dead, who, imme- diately before death, had been supported in and by any public institution receiving pecuniary aid from the Provincial Government, is to be delivered to persons qualified to receive such bodies, unless the person so dying otherwise directs (when the body must be decently interred) or unless such body be claimed within the usual period for interment, by bond fide friends or relatives (when it must be deliv- ered to them) (5). The bodies of persons dying in any Provincial Lunatic Asylum have been excepted from the opera- tion of this law by 26 Vic. ch. 42 s. 2. These bodies are now to be decently interred in all cases. (1) la case a witness is too sick to attend the court, or if he is a prisoner, tliis power of atljournnicut may be used in order to take tlie court to the witness. (2) See Form No. aS. (3) See Forms Nos. 35, 36, 37. (4) Con. Stat. Can. ch. 76 ss. 2, 6. (5) Con. Stat. Can. ch. 76 s. 2. *w^.^_. \ oroner then of the Coro- or the body stion of the arise. If it imed by any sr must give ay of the lo- to him. If the locality, ' (4). And (vho, imme- 'ted in and !cuniary aid delivered to 3, unless the n the body jch body be iterment, by list be deliv- Provincial a the opera- hese bodies es. 10 court, or if ly bo used in I. 35, 36, 37. m ll:. ■f ItO The persons qualified to receive unclaimed bodies arc, public teachers of anatomy or surgery, or private medical practitioners having three or more pupils, for whose instruction the bodies are actually required; and if there bo any public medical school in the locality, such school has a preferable claim to the body (1). The Inspector of Anatomy is not mentiotcd as one of the persons qualified to receive these last-men- tioned bodies, but from a perusal of the whole act cited in the notes, the intention of the enactment seems to be that he should first receive all the bodies of such persons and deliver them over to the quali- fied persons for dissection. The body of every convict who dies in the Peni- tentiary, if claimed, must be delivered to the friends or relatives of the deceased, but if not claimed it may be delivered to an Inspector of Anatomy, and if not so delivered it must be decently interred at the ex- pense of the institution (2). The adjournment of the court is done by the offi- cer making proclamation (3). The Coroner should make an entry in his minutes of this adjournment, both of time and place. When settling the time for which to adjourn ho should consider for what purpose an adjournment is neces- sary. If for a post mortem two or three days will likely be sufficient. If for a chemical analysis a clear week at least should be criven the chemist. (1) Con. Stftt. Can, ch. 70 s. 3, (2) Con. Stat. Can. ch. Ills. 63. (3) Sec Form No. 34, 150 When the jury again meet at the adjourned time and place, the formalities of opening.' the court are gone through as at the commencement of the inquest. The officer makes proclamation (1). The jurors names are called over (2), and the Coroner recapitu- lates the state of the inquiry, and proceeds in the examination of witnesses. After the witnesses are examined 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 particular case should be ex- plained to them. Formerly the jury had to enquire as to deodands, flight, forfeiture and escape, but now they need only consider the cause of death. If the jury wish to consider their verdict, the offi- cer is sworn to take care of them (3), and the Coroner withdraws, or, if more convenient, the offi- cer takes the jury to another room and attends at the outside of the door until they are agreed : when agreed, they return, and the Coroner calls over their names, and asks them if they have agree upon their verdict. If they are unanimous the ver- dict 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 the verdict is taken, provided twelve at least a^?; "ee. The jury must not now return a verdict from their (1) See Form No. 38. (2) See Form No. 11. (S) See Form No. 40. i journed time the court are ^ the inquest. The jurors ncr rccapitu- )ceeds in the vitnesses are idence to the iheir verdict, iw applicable lould be ex- to deodands, 3y need only lict, the offi- J), and the ;nt, the ofB- 1 attends at reed : when calls over liave agree •us the ver- if not, the the bottom ion of the twelve at . from their 11. 151 own knowledge of the fact, without any evidence being adduced before them. If a juryman cau give evidence he should be sworn in the ordinary man- ner (1). The Coroner records the verdict and draws up the infjuisition, to which both he and the jury set their hands and seals. The names should be opposite the respective seals, and the Coroner adds to his name the office, as : "A. B., Coroner, County of ." The inquisition thus being completed, the Coroner requests the jury to hearken to their verdict as recorded (2). The Coroner then makes out his war- r.-^nt to bury the body, if not already done (3). If it is a case that will come before the assizes the witnesses must be bound over to appear at the trial (4), and the prosecutor to appear and prose- cute (5). The jury are then discharged (G). Having noticed the proceedings of the Coroner's court generally, it will now be proper to treat of some of its branches more particularly. Sect. 9. The Medical Testimoni/. If the Coroner finds that the deceased was attended duiing his last illness or at his death by any legally (1)1 Siilk. 40.5. (2) See Form JS'o. 41. {?,) See remarks at paj^o US. (4) See Ferms Nos. 45 & 40. (5) See Form No. 44. (0) See Form No. 42. 152 ll ! I. II >' i I 1 ! qualified (1) medical practitioner, ho may issue his order for the attendance of such practitioner as a witness at such inquest (2). Or if the Coroner finds that the deceased was not so attended, he may issue his order for the attendance of any legally quali- fied (3) medical practitioner, being at the time in actual practice, in or near the place where thc: death happened ; and the Coroner may, at any time before thc termination of the inquest, direct a j)ost mortem examination, with or without an analysis of the con- tents of the stomach or intestines, by the mv-^dical ■witness summoned to attend at such inquest. It is usual, and Coroners are most strongly recom- mended to have the analysis made by an experienced chemist (4). If any person states upon oath before the Coroner, that in his belief the death was caused partly or en- tirely by the improper or negligent treatment of a medical practitioner or other person, such medical practitioner or other person must not assist at the 2iost mortem examination (5). (1) Legally qualified practitioners are persons duly li- censed to practise as physicians or surgeons, or as both, either in Upper or Lower Canada ; physicians or surgeons on actual service in Her Majesty's Naval or Military service, whether holding a license or not; and horaoeopathists, li- censed to practice as such. 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 hia being lioeuHcd. (2) See Form No. 24 : Con. Stat. IT. C. eh. 125 s. 1. (8) See Form No. 24 : Con. Stat. U. C. eh. 125 s. 7. (4) See remarks as to analysis, post. (r>) Con. Stat. IT. C. ch. 125 s. 8, :i4 i.!; ay issue his itioner as a loroner finds iG may issue i^aily quali- the time in re the death time before post mortem of the con- the modical iiest. iDgly reoom- experienced he Coroner, )artly or en- atment of a ich medical ssist at the 3ons duly li- or as both, or surgeons tary service, opathists, li- ubt whether asked at a Coroners 3 upon oath le 5 s. 7. 5 8. 7. 153 Whenever it appears to the majority of the jury- men sitting at any Coroner's inquest that the cause of deuth has not been satisfactorily explained by the evidence of the medical practitioner, or other wit" nesses examined in the first instance, such majority may name to the Coroner in writing any other legally qualified medical practitioner or practitioners, and require the Coroner to issue his order (1) for the attendance of such medical practitioner or practition- ers as a witness or witnesses, and for the performance of a post mortem examination as above mentioned, and whether before performed or not ; and if the Coroner refuses to issue such order, he is guilty of a misdemeanor, and punishable by a fine not exceeding twenty dollars, or by imprisonment not exceeding one month, or by both fine and imprisonment (2). When any such order for the attendance of a medical practitioner is personally served, or if not so served but is received by him, or left at his residence in suflBcient 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 inquest 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 otdcr, the justices must enforce the penalty by distress and sale of the offen- 1 the same manner p5 goodfe icy .> a (1) See Form No. 24. (2) Con. Stat. U. C. ch. 125 8. 1>. 154 •Ssf wim^\ .1 I ■If ■J !■ i WW' V powered to do under their summary jurisdic- tion (1). The practitioner chosor to make a pof I constable. The Coroner or a medical man, if m;. ^ than one be present, should take down all the facn communicated by the dissector, from the coi'\- mcncement of the examination to its close, >j prevent circumstances of importance c.caping the vien ory. jjefore dissection is begun, an external examination of the body should be made. Dr. Beck says, " If titer le any external lesion present, it should first 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 inflammation or gangrene; and whether any foreign bodies are found in it, pnch as balls or pieces of cloth. The scalpel should then be employed to trace its extent, but with judgment, so as not to render our researches useless, and pre- vent a comparison of the external wound with the internal injury. The nerves and blood-vessels, and particularly the arteries, that are wounded should be named, as should also the viscera, if any are in that state. Jf there he a contusion toitliout a solution of continuity, the injury found in the internal parts should be particularly noticed, such as extravasation, rupture of vessels, &c. If the cause of death is a hum, its degree and extent should be examiued, together with the state of the parts affected, whether inflamed merely or covered with blisters, the fluid contained in these blisters, and the condition of the neighboring parts, whether sphacelated or gangren- ous. If a luxation or fracture be present, notice the surrounding soft parts; the nature of the injury, il 157 't in, if m;. ; 11 the fact I the ccua- I close, .J raping the xamination says, " If ihould first its length, on inflicted t; whether gangrene ; in it, p'lch ihould then judgment, 3, and pre- d with the essels, and should be are in that solution of rnal parts avasation, leath is a exauilued, \, whether the fluid ion of the gangren- nt, notice he injury, \7het' cr bimple or complicated, and the phenomena indicating the prog:os3 of disease or recovery (1). After stating these circumstances the dissection may be proceeded with, in a systematic manner, tn'.iug care not *' to make wounds while examining for them.'' The examination of the abdomen had better bo left to the last, as putrefaction is there first developed, and the oflcnsive odor by this means may be partly avoided. If chloride of lime or her dis- infectant is used during the examination, it. m- t not be sprinkled on the body, but merely ?^>.xrud u or about the room. The dissector shoL d nv ; desist because he supposes the cause of dea>h i« perfectly discovered in one or the other cavitj rll of them should be inspected (2). It is recommended to commence the dissection at the head. Remove 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 they are unsually thin or soft (3). Now remove the skull cap, taking care not to wound the dura mater, and inspect the membranes and substance of the brain. The base of the brain requires especial notice. View the verte- bral coluuui through its whole extent. In examininfj (1)2 Beck, pp. 6, 7. {'1) 2 Beck, p. 7. (S) 2 Beck, p. 8, I I * 158 t il: tho ncclc, make an incision from the cliin to the sternum ; then from tho upper point cut along tho margin of the lower jaw to its angle, and from tho lower point towards the clavicle. The great blood- vessels, the larynx, trachea, pharynx and oesophagus and their contents must be noticed. To inspect the tho- rax satisfactorily, an incision should be made through the integuments, from the top of the sternum to tho pit of the stomach. Then dissect the flaps down to the ribs, and backwards about an inch and a half beyond the junction of the cartilages with the osseous substance of the ribs. Cut through these cartilages 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 mediastinum, then saw through it immediately below the connexion of the first rib (1). The viscera, the lungs, the pericardium and its contents, the heart and its great vessels, the thoracio duct, should be carefully examined. Kemove tho blood with a sponge, so as to ascertain the exact degree of color that is present in the various parts, and notice the consistence or fluidity of the blood (2). The abdominal cavity will now remain. It is ex- amined by making a crucial iucision, and, if necessary, by removing the pubal bones. Each part must be care- fully examined : the intestines with a blunt-pointed bistoury, to avoid injuring them (3). (1) 2 Beck, p. 10. (2) 2 Beck, p. 10. (3) 2 Beck, p. 11. 159 (t 1 to the long tho from the at blood- sophagus t the tho- through ,ra to tho down to id a half e osseous sartilages 3cond rib svard the a scalpel iastinum, onnexion and its thoracic novo tho he exact (US parts, ood (2). It is ex- ecessary, t be care- poiuted If there is any suspicion of poisoning, Dr. IJcck says the whole of the alimentary canal, from tho oesophagus to the rectum, should bo carefully removed for further inspection ; and he recommends Dr. Gordon's directions to be followed for this purpose. Apply a double ligature at the very commencement of the jejunum, and divide the intestine betwecQ the two threads ; a similar ligature is then to bo applied to the ileum, close to its termination in tho colon, and the tube divided in the same manner. The root of the mesentery being now cut through, tho whole jejunum and ileum are now 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 tho colon. The oesophagus, stomach and duodenum are then to be extracted together, taking care previously to tie a ligature round the top of the oesophagus (1). The examination being completed, the notes should be taken and reduced to order. The report or testi- mony should be as plain as possible, so that the court and jury may understand it. And the medical wit- ness in drawing up his report or in giving his testi- mony, 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. A few practical remarks may now appropriately close this section. 10. (1) 2 Beck, 11. IGO I !i^' Take particular notice during the dissection of any peculiar odor on opening the body, brain or stomach, and if poisoning is suspected, mention the nature of the odor to the chemist who makes the analysis. All vessels used in the examination should be thoroughly cleansed, and the whole examination should bo conducted with a scrupulous regard to cleanliness. The necessity for this was onco 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. When an analysis is to follow, if it is thought ad- visable during the 2>o8t mortem to examine the inner coats of the stomach, the contents of the stomach should be poured into a clean vessel, and after the examination (during which 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 forwarded to the chemist. The stomach should be tied above and below ; and a portion of the intestines, 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 liave occurred within a few seconds or minutes of the administration of the sus- pected poison, the stomach, tied, should be put into a bottle with a tight cork or glass stopper, sealed all over, and sent off at once for immediate analysis. The greatest care should be taken to preserve the I IGl )n of any stoiuacli, nature of lysis, hould be imination regard to 3 strongly y laid on an idea of lought ad- 1 the inner le stomach I after the Id be used i be added be placed chemist. )w ; and a yay should a kidney, sath, some suspected and, in rine. in a few the sus- put into sealed all lysis. serve the identity of the vomited or other mnttor taken from the body, or the most correct analysis afterwards made will be iniidmi.ssiblo as evidence. For packing the viscera to bo sent for analysis glass vessels should be used, or stoneware, not com- mon earthenware, as lead is used in its manufacture, 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 rcmovo the smell; but such a proceeding is highly objection- able, and may vitiate the whole aniilysis. The vessel should be covered with bhiddcr (tied) or cork, and sealed in several places with a sea\ having a peculiar crest or device. A wafer-stamp, coin, thimble or other common article, of which a duplicate might be found, should not boused fur this purpose. The sealing up should be done by the Coroner or examiner in presence of witnesses, and impressions of the seal used should be transmitted to the person who is to make the chemical analysis, together with an account of the symptoms attending the death. If the vessel or vessels containing the viscera are packod in a box, they should be surrounded with plentj of hay or other soft substance, and the lid of the box screircd, not hammered down, otherwise the bottles are apt to be broken, and much if not all of the liquid lost, thus rendering the analysis usel^'^s, or at least unsatisfactory to the jury, on account of the small quantity of poison found. The paciv-i^e should never be out of the person's charge to whose o ■frr^ i^ i • ! ' . M 1G2 care it is committed, until handed over to the chemist in person, who should bo required to give a receipt for the same. The time required to complete an analysis varicri according to the occupation of the chemist. If ho has nothing else to do, perhaps two or three days j but it is safer to allow him a clear week or ten days. No respectable chemist will make an analysis for less than from fifty to one hundred dollars, and as no provision is made by law for defraying the expense, the Coroner should obtain the authority of the Attor- ney-General for incurring it. fit I' 'I Sect. 10. The Depositions. The depositions or evidence taken on oath before the Coroner must be certified and subscribed by him, and caused to be delivered without delay (1), together with the written information, if any, the recogni- zances, the statement of the accused, if any, and the inquisition, to the County Attorney for the county (2). And when any person has been committed for trial by a Coroner, and he, his counsel, attorney or agent notifies the committing Coroner (3) that he will, so soon as counsel can be heard, move one of (1) Sec. y Coil. Slat. U. C. d), lOG, says "forthwith." (2) Con. Stat. Can. cli. 102 s^. o\\ G2 ; and see Con. Stat. U. C. ch. lOG 3. 1>. (8) See Form No, r.5. the chemist TQ a receipt -lysis varicr^ ist. If ho three days ; )r tea days, analysis for iars, and as he expense, f the Attor- oath hofore >ed by him, .), together le recogni- If any, and |ey for the imitted for ittorney or |3) that he iove one of Ihwith." Con. Stat, 103 Her Majesty's courts of superior criminal jurisdic- tion, or one of the judges thereof, or the judge of the county court in cases within his jurisdiction, for an order to the Coroner to admit such prisoner to bail, such committing Coroner must, with all conve- nient expedition, transmit to the office of the clerk of the crown, or the chief cler^' of the court, or the clerk of the county court (as the case may be), close under his hand and seal, a certified copy of all ex- aminations and other evidences touching the offence wherewith such prisoner has been charged, together with a copy of the warrant of commitment and inquest; and the packet containing the same must be handed to the person applying therefor in order to such transmission ; and it must be certified on the outside to contain the information touching the case in question. Any Coroner neglecting his duty in this respect may be fined such sum as the court to which the return ouL'ht to have been made thinks meet (1). If a Coroner who has taken an inquest happen to die, having the record in his custody, it seems that a certiorari may be directed to his executors or admin- istrators to certify it (2). It seems doubtful whether the depositions taken before a Coroner when the prisoner is not present, can be used as evidence against hici (3;. (1) Con. Stat. Can. ch. 102 ss. 03, 05. (2) 2 Keb. 750 ; Dyer, 103 ; 2 Rol. A!)r. 020 ; 2 Inst. -121 ; ITuwk. b. 2, c. 27 s. o\) ; liro. Abr. Certiorari; y IJac. Abr. Certiorari. (3) AVclls Cr. Pr. 210 ; 2 rhill, lO'j ; luul act- Rosooe's Cr. Eviili'iipf V' l» ■ 104 The depositions, if properly taken, will be suffi-" cient evidence in case the witnesses are dead, unable to travel, beyond sea, or kept out of the way by the contrivance of the party to whom their testimony is adverse (1). But they cannot be received, though the witnesses are dead, unless it is proved that they were signed by the Coroner (2). xVnd before they can be received, evidence must be given that they are the identical papers taken before the Coro- ner without alteration (o). mm ^ :. kil i il,; lii I it llr^ Sect. 11. Ohsiructions — ITo w punished. It is a misdemeanor to interrupt or obstruct the Coroner or his jury in the view or inquiry (4). And ♦^he Coroner has also authority forcibly to remove any person offering obstruction to the due adminis- tration of his duties, without being liable to an action (5) ; or he may commit any person for a con- tempt, the eflFects of which tend to obstruct and impede him in the performance of his ofi&ce (G). It is better, however, for Coroners not to make use of this power, but to have the offending party punished for the misdemeanor. (1) 1 Kel. 55; 1 Lev. 180; riiil. Ev. 1G5. (2) 2 Loach, 770-1. (3) Xd. 55; Fost. 307; Hawk. b. 2, cli. 40 s. 15; Plul. Ev. l(>2-5. (4) Umf. 123. (5) G B. tt C. Gil ; 1 L(l. lli.ym. 454 ; 1 ^lotl. 184 ; 2 Moil. 21 S. (G) Jcr. O. C. 2G8, 1G5 )e suffi' , unable J by the raony is thougli ed that d before ven that he Coro- itruct the ;4). And remove adminis- e to an br a con- ■uct and (G). It ie use of punished 15; riiil. 1 ; 2 Mml. 18. P Sect. 12. The Inquisition. The inquisition or written statement of the verdict or finding of the jury, when it contains the subject- matter of accusation, is equivalent to the finding of a grand jury, and the parties charged may be tried and convicted upon it (1). Formerly it was required to be on parchment, but now no indictment or in(|uisition need be drawn upon parchment, except in eases of high treason (2). The inquisition should be pleaded with the same strictness and legal prccisioa as indictments (o). It does not appear when this furmjil inquisition should be drawn up, but it had better in all cases be completed before the jury are dispersed (4). The inquisition consists of three general parts — the caption or incipitur (5) being all that part which begins the inquisition, and immediately precedes what is called the verdict or finding of the jury; the verdict or finding of the jury (G), being that part which immediately follows the caption and precedes the attestation ; and the attestation o.' conclusion (7). The contents of each of these parts may be par- ticularly noticed, a familiar knowledge of them being requisite in drawing up inquisitions, although many defects of a technical character in inquisitions which formerly would have rendered thorn bad, may now (1) Jor. O. C. 271. (2) Con. Stat. Can. ch. 99 ss. 18, 20. (8) Jer. O. C. 271. (4) Impoy O. C. 879. (5) See Form No. 59. (G) See Forais Nos. 61 to 1G5, (7) Sec Form No. GO. m ■f ' 4 ii'll I ■ l|;' t!, I i: i ''i i I ■ i f f^ 166 be amended either by the Superior C:>urts or a judge thereof, or by a judge of assize or gaol delivery (1). They are — 1. The venue. 2. The place where holdeu. 8. 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 vcmie, or name of the county where the body lies dead and the inquisition is holden, should be inserted in the margin of the caption, thus : '' County of Simcoe, ) * • • -r n p, ,•' ... ' y An inquisition, &c. The venue need not be stated in the hodj/ of an inquisition, except in case local description be re- quired, when such local description must be given in tlie body thereof (2), The venue stated in the niaro;iri is the venue for all the facts stated in the body of the inquisition (3). (1) Con. f .at. U. C. ch. 125 s. G ; and see ch. 99 S8. 44, 45, 46. (2) Coil. Stat. Can. ch. 99 ss. n, 21. ('!) l/rid. I I , judge 7 (!)• ,h. ere the should 3 : /of an be re- 3 given in tho in the t, 45,46. 1()7 2. The 2)lace toliere hoIden.'\ The place at which the inquisition is holden must appear on the face of the inquisition (1). If no phace is stated (2), or if the place stated is not shewn with .sufficient cer- tainty to be within the jurisdiction of the Coroner (3) it is insufficient (4). 3. The time when hohJen.'] The inquisition must specify the day upon which it was holden, in order to show that the inquiry is recent, and was not held upon a Sunday, in which case it would be void (5). The 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 (6). The time should be stated in the present tense (7). The year of the Queen's reign, without adding the year of our Lord, is sufficient ; or the year of our Lord, without adding the year of the Queen's reign, will suffice. Numbers musL not be expressed by figures, but by words at length (8) or at least by Koman numerals (9). 4. Before ivhom holden.~\ The name and offi^ of the Coroner must be stated, in order that it ii)a^ p- pear that the inquisition was taken before a c of competent jurisdiction. Also the place for wh. jli he is Coroner (10). 5. The view.'] The inquisition must state li: t the (1) 2 11. P. C. 1G6. (4) 2 Hawk. P. C. c. 25. (2) Dyer, G9. (5) 2 Smiiid. 291. (3) Cro. Jac. 2'70, 2*77. (i)) 1 T. R. 810. (7) 2 Hawk. P. C. cli. 25 s. 127. (8) 2 Hawk. P. C. 170. (9) 1 Sir. 20. ,(10) 22 FaI. IV. 18, 10; 8um. 207; S. P. C. 90. r^ M I ' i ^^ilH " i '' mi lit w 108 inquiry was taken on vieio of tlio body, or it will bo bad (1). G. The (description of the deceased.']^ Both chris- tian and surname of the deceased, either his real name or that by which he was usually known, should bo stated accurately, if known (2),. If the name be unknown, he may be described as a person to the jurors unknown ; but such a des- cription would it seems be bad if he were known (8). No addition is necessary (4), nor ncjd the deceased be distinguished from another person of the same name by the addition of " the younger" (5). 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 (G). The courts have certain powers of amending in. quisitions at the trial, for which see Con. Stat. Can- ch. 99 ss. 18, 78. 7. Whe7'e the hcdy lieii.'] 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 (7). 8. The jurors J and their find iivi upon oath.~\ The inquisition must show that all the jurors took the oath, and who they are, by name; and, therefore, it (1) Jer. O. C. 277. (2) 2 Hawk. P. C. cli. 25 ss. 71, 72. (8) 3 Camp. 204; Holt. C. K P. 595 ; 2 IT. P. C. 281. (4) 2 II. P. C. 182. (G) 2 C. ct P. 280. (5) 8 B. tt A. 579. (7) Jev. O. C. 279. i :| m ill bo chris- 3 real ihould bed as a dcs- nC3). ceased J same 0- A f night, meicly perfect render ing in. t. Can- src tlic tion of Re the .] The ook the ifore, it 281. 1G9 is insuflScient to allege that it was taken by the oaths of the several persons underwritten (1), or of so and BO (naming one or two) and others (2). So it must expressly appear that the jurors are from the county or jurisdiction within which the inquisition is holdcn ; that they are at least twelve in number, and present the inquisition upon their oaths (3). Before at- tempting to insert the names of the jurors in the in- quisition, it should be accurately ascertained what they are, and how spelt, in order that there may bo no variance between the names in the caption and those in the attestation (4). 9. The charge to inquire.'] It is usual to state in the inquisition that the jury were charged Iv 'nquire, but this is not in strictness necessary (5). 10. The verdict'] The finding of the Coroner's jury being equivalent to an indictment, it must be stated with the same legal precision and certainty, and must not be repugnant or inconsistent, and the charge should be direct and positive (0). 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 (7). (1) 6 B. & C. 247. (2) 2 II. P. C. 108. (8) 2 Hawk. P. C. eh. 25 s. 120. (4) 3 C. & P. 414. (5) Lord Raym. YIO; 2 ILiwk. P. C. ch. 25 s. 120. (0) Jer. O. 0. 281 ; 10 U. C. Q. B. 487. (7) 15 U. C. Q. B. 244. E li 170 ii: i' i =*,, H !• ' ! £1 I ?/ J^ !<■ '!?! The verdict of the jury does not prevent the ac- cused being tried for a hi<^hcr or lesser offence. The principal parts requirinp; attention in the ver- dict will be treated of under the three next heads. 11. The parti/ cliargcdJ] If the inquisition con- tain matter of accusation against a party, such party should, if known, be described by his christian and surname. The christian name should be such as ho acquired at his baptism or confirmation, or at both (1). A second christian name cannot be added after an alias dictus{T)) but a person may, if he has ac- quired two christian names, be indicted by both; and if they are misplaced, it is as much a misnomer as if other and different names were stated (o). The surname should be the one usually given to or ac- knowledged 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 (4). When the party is unknown, he may be described as a " certain person to the jurors aforesaid unknown/' adding, if possible, some description by which he may be designated, for no proceedings can be taken upon an inquisition charging a person unknown, without something by which to ascertain who the jury meant (5). (1) Co. Lit. 3 ; Mod. 115, 110; Jer. 0. C. 281. (2) Ld. Raym. 502; Willes, 554; 2 East. 111. (3) 5 T. K. 195. (4) Bro. Misn. 47 ; Jer. 0. C. 282. (r.) R. tt R. 400. ^« lie ac- e ver- ads. 1 con- party m and 1 as ho or at ifter an has ac- r both 5 Isnomer 5). The or ac- |a doubt ime, the .ing the escribed known," hich he taken iknown, who the ..if! 171 Any number of accessories to any felony may be chari^ed with the substantive felony in the same in- quisition, notwithstanding the principal felon be not included therein, or be not in custody, or amenable to justice (1). An omission of the christian or surname, or an error in cither, can only be taken advantage of by a plea in abatement. By pleading over the objection is waived. If the name sounds the same it is no objection if it is misspelt (2). And the objection of one defendant where several are named in the in((ui- sition, will not abate the inquisition as to all, as it is several against each (3). 12. The addition.'] The party charged should also be described by his addition or occupation. Although the want of an addition or tlic stating a wrong one may be amended under sec. 44 ch. 99 Con. Stat. Can. 13. The allc(jailon of time and jtlacei] The time and place when and where the party is charged with having committed the ofTence should be stated accu- rately if possible. The hour of the day need not bo stated. But defects in stating the time and place may be amended at the trial under sec. 78 ch. 99 Con. Stat. Can. And it seems mention of the place is not absolutely necessary, where the venue is stated (1) Con. Stat. Can. ch. 99 sg. 18, 48. (2) 10 Ea.st. 84; 16 East. 110. (3) 2 H. r. C. 177 ; but sec Con. Stat. Can. ch 99 ss. 44, 4.5, 4G, as to power of judge to aincinl. ^4 172 i u fill ■ Mi ' ■1 in tlio margia of the inquisition, except in cases where local description is required (1). 14. The description of the act.'] The inquisition ought to contain a complete description of such facts and circumstances as constitute the crime without inconsistency or repugnancy (2). The charge must be distinct and substantive and every fact and neces- sary ingredient must be stated, for it is not sufficient (in general) to charge the defendant generally with having committed the offence (3). There arc, how- ever, exceptions to this rule, amongst which are the principal crimes which come under the notice of Coroners. For instance, in the case of accessories before the fact (4) and aiders and abettors, it is not necessary to state the particulars of the incitement and solicitation, or of the aid and assistance. And in cases of murder or manslaughter, it is sufficient (if murder) to charge that the accused person " did feloniously, wilfully and of his malice aforethought, kill and murder j" and (if manslaughter) "did felo- niously kill and slay" the deceased (5). Impertinent and unnecessary allegations and useless circumstances of aggravation ought to be avoided. The allegations must be made with certainty, and be stated positively, and not by way of recital (6), inference or argument (7), or the like. Statements should not be made in the diy'unctive, or the inqui- (1) Con. Stat. Can. ch. 99 s. 21. (2) IG U. C. Q. B. 487; 5 East. 214. (3) Jer. 0. C. 280. (1) 2 East. 4. (5) Con. Stat. Can. ch. 99 s. 51. (0) 2 Ld. Raym. 13G3. (7) 2 Hawk. P. C. ch. 25 s. CS. I cases lisition :h facts ?rithout ;g must I ncccs- ifficiont ily mill •c, how- arc the otice of jessories it is not litement 5. And ufficicnt on " did ,h ought, Id id felo- ertinent stances ity, and lital (6), iteraents e inqui- f 25 S. 53. Bitions will be bad for uncertainty. For inn^ance, '* murdered or caused to be murdered," " wounded or murdered," " conveyed or caused to be conveyed," «fcc., would be bad (1). And the same if the party is charged iu two different characters in the disjunc- tive (2). The charge must also be single. For a party cannot in general be charged with two or more oifences in the same inquisition. So neither can two persons be charged with different and distinct offences. Offences of different degrees, but dependant one upon the other, may be charged in the same inquisition as principals in the first and second degree and accesso- ries before the fact (3). If the jury find the cause of deal-h was the act of any person, and there is something which excuses that person, the matter excusing him should bo found also. For example — that the person was insane when he did the act. In particular cases certain words of & technical character must be used, or else the inquisition will be bad. These words are reduced to few in number by the present law. When drawing up an inquisi- tion for any felony the word ^'/cloniouslj/'* must be inserted ; for instance, in describing the offence of manslaughter, it is necessary to state " did felomousli/ kill and slay." Again, in charging a person with murder, in addition to the word feloniously the actual word murder must be used (4). The word killj or (1) Jcr. O. 0. 289. (3) Jer. 0. C. 299. (2) 2 Ro. Rep. 263. (4) Fodt. C. L. 424 ; 2 U. P. C. 184. ^i|i tu ^. v>r^t ^ IMAGE EVALUATION TEST TARGET (MT-3) V <^4i. 1.0 I.I Mi^ 125 ■50 "^^^ IM^^E ^ ^ IIIIIM .^ ... ilia 1.8 1.25 1.4 III 1.6 ^ tJ> ► Photograpliic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14530 (716) 872-4503 #> \ Is •n>^ :\ ' ^ o^ 174 I' * any other of the same meaning will not suffice. Also, in this case and that of felo de se, the words malice aforethought must be inserted — ^^feloniously and of his malice aforethought.'* As the offence of felo 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 (1). Formerly there were several more words, and there were even sen- tences essential to the validity of Coroner's inquisi- tions, such as " with force and arms," " against the peace Q&M^ Lady the Queen," &c., &c. ; but these have been got rid of, either by the express provisions of chap. 99 Con. Stat. Can., or by the powers of amendment now vested in the courts. 15. The attestation.'] This is an essential part of the inquisition (2). Underneath it the Coroner and jurors sign their names opposite seals, and the Coro- ner adds his office thus : " A, B., Coroner, County of ." The Coroner and jurors should sign their names in full and not by initials (3), although if their names are stated in full in the caption this may not bo requisite (4). A person who cannot write his name should not be sworn as a juror. It appears there is no express authority requiring the inquisition to be sealed, but the practice of scal- ing is universal and had better not be departed from. Affix a separate seal for the Coroner and each of the jurymen. (1) riowd. 255; 1 Saiind. 356; 1 Keb, 66; 1 Salk. 377; 1 Mod. 16, (2) See Form No. 60. (3) 6 B. C. 247. (4) Jer. 0. C. 297. 175 Coroners should keep copies of all inquisitions, in order to be able to make their returns to the Board of Registration and Statistics (1). * I', Sect. 13. Puhlication of Proceedings. Strictly speaking, it is unlawful to publish a state- ni( nt of the evidence before a Coroner's jury, as long as i'^ proceedings are pending at least (2) ; and one wh is aggrieved by the publication may obtain re- dress by civil action for the injury sustained (3), or the publishers may be punished by indictment or criminal information (4). But with the present " liberty of the press" a fair and honest publication of the proceedings without being accompanied by unfounded or unjust comments, would hardly meet with much discountenance from the courts. i i liM Sect. 14. Defraying Expenses. The expenses of an inquest are supposed to bo paid by the Coroner, who afterwards can present his account to the magistrates in Quarter Sessions for payment. In practice, however, each person having a claim for services rendered in connection with an (1) See page 15. (2) 1 B. & Aid. 379. (3) 3 B. «fe C. 556; 4 B. [)ears to bo some ques- tion l>etween the authorities as to wiiether the Government the (Quarter Sessions or the Municipality should bear tho burden of this item. 1 in ! 1 1 u f ^ H \ ?m ■-' l: (••I 'i ; i t ' ■ ■■'■ '■ ' I ' 1 178 case may be) within mentioned, necessarily travelled — miles, namely, from to . Sworn before me at this day of A.D. 18 y c. j)» A. B., J.P. Co. of Under the late regulations issued from the Inspec- tor Generars office (1) Coroners are required to state in their accounts the verdict of the jury under the following heads, viz. : Murder, Manslaughter, Justifiable homicide, Suicide, Accidental death (specifying cause), Injuries (causes unknown), Found dead. Natural death. Unless this regulation is complied with the accounts will not be passed. By the same regulations the constable's accounts for services on inquests should be rendered separate from their claims for other services. Coroners, for services rendered by them in the execution and return of civil process, are allowed the same fees as would be allowed to a sheriff for the same services, except for summoning jurors, for which they are allowed one shilling for every juror, in lieu of any other fee (2). . For schedule of fees see Chap. XIII. (1) The circular is dated January 26, 1864. (2) See N. R. 164 ; aud Co. C. K. 150. (179) '3 CHAPTER XII. rROCEEDINGS SUBSEQUENT TO THE INQUISITION. Skct. 1. With reference to the trial 179 2. Of bail ISO 3. Of amending and taking new inquisitions . 181 4. Of traversing inquisitions 182 6. Of quashing inquisitions 163 6. Of pleading to ifiquisitions 185 ♦— - Sect. 1. Proceedings with reference to the trial. XF the verdict be murd»^r or manslaughter or acces- sory to murder before the fact, the Coroner must bind by recognizance (1) all such persons as know or declare any thing material touching the crime, to appear at the next Assizes for the county, then and there to prosecute or give evidence against the accused (2) ; and a warrant (3) must be issued to apprehend the accused party and to commit him to prison (4) ; or if he be already in prison, the Coroner must issue a detainer to the gaoler (5). The mode (1) See Form No. 45. (2) Con. Stat. Can. ch. 102, a. 02. (3) See Form No. 48. (4) See Form No. 49, Chit. C. L. 164. (5) See Form No. 50, Jcr. 0. C. 298. l< j ■I- (It.ff u t 'I i ; :.\ ^ -^ 1 mi H Hi M' U I ; r>(- I I 180 of taking the depositions and returning them to the proper officer has already been mentioned (1). If a wife is a witness, and her husband is not pre- sent to enter into a recognizance, the wife is not to be bound in any penal sum, but on pain of impri- sonment (2). If the husband is present, he must be bound for the appearance of his wife (3). And if an apprentice or minor is a witness, the master or parent is bound for his appearance (4). The Coroner should be present at the Assizes, when any case is tried on an inquisition taken before him ; for if he is not present, the Court may fine him (5). Sect. 2. O/hail. If the party accused is advised that he is entitled to be bailed, his remedy is by application to one of the Superior Courts, or one of the Judges there- of (6), who will in their discretion allow bail to be taken. In the exercise of this discretion, the Court or judge is guided by the facts and circumstances of the case as disclosed upon the depositions (7). If the offence is manslaughter, the application will, in general, be granted (8), even when the inquisition (1) See Chap. XI. a. 10. (2) See Form No. 45. (3) See Form No. 45, Impey O. C. 265. (4) See Form No. 45, Impey 0. C. 566. (5) In re ITnvin. 0. B. 1827; Car. C. L. 17. (6) Con. Stat. Can. ch. 102, s. 65. (7) Cald. 296. (8) 2 Str. 1242. . !? ntitled one of there- 1 to be Court aces of ). If ill, ia isition 15. 181 is for mtirder (1). Oq the other hand, if the oiFence is really murder, bail will generally be refused although the inquisition is for manslaughter only (2), or even a lower crime (3). When the Coroner is notified (4) by the prisoner, his counsel, attorney, or agent, that he will move for an order to admit such prisoner tcTbail, a certified copy of the informations, &c., must bo returned as directed in Chap. XI. s. 10. 'I Sect. 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 (5). And now ample powers of amendment are expressly given by legislative enactments (6). Under these either of the Superior Courts, or any judge thereof, or any judge of Assize or Gaol Delivery, upon any inquisi- tion being called in question before them or him, may order the same to be amended if defective for want of the averment therein of any matter unne- (1) 2 Str. 971. (3) Comb. 298. (2) Comb, 111, 298. (4) See form No. 55. (5) 1 Sid. 225, 259 ; 3 Mod. 101 ; 1 Saund. 356 ; 1 Keb. 907; 1 Hawk. P. C. c. 27, s. 15 ; Jer. 0. C. 307. (6) See Con. Stat. Can. ch. 99, sa. 18, 44, 45, 40, 77, 78, 84 ; and Con. Stat. U. C. ch. 125, s. C. hi r I i i' \\ ijiil i! ;l ■•I I ' ! • i 'I I' it ir I %' ' 1 1 . it.. Mr ii ! 1 J I Mm ,1 '' I i 182 cessary to bo proved, or for tho omission of any tech- nical words of mere form, or for any technicality. If the inquisition is quashed, a new inquiry may by leave of the Court (1) be instituted by tho Coroner (2), the body being disinterred by order of the Court for that purpose, if it has not been a long time buried (3). But if there is any imputation upon the Coroner, ho 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 pro- ceed without viewing the body, by the testimony of witnesses only (4). But if the inquisition is quashed for a defect in form only, the Coroner may and ought to take a new inquisition, in like manner as if he had taken none before (5). y ^1 Sect. 4. 0/ tra versing in quis it ions. It seems that inquests of Coroners are in no case conclusive, but any ono affected by them, either col- laterally or otherwise, may deny their authority and put them in issue (6). It has been doubted whether inquiries of flight (1) Sir. 167. (2) 3 Mod. 80. (3) Salk. 377; 1 Sir. 22, 633. (4) 2 Hawk. P. C. c. 9, 556; 1 Salk. 190. (5) 2 Roll. Abr. 32 ; 2 H. P. C. 59 ; 2 Sir. 69 ; Jer. 0. C. 91. (0) 3 Keb. 489 ; 6 B. ; (1) Sec page 182. (2) 2 Hale, 01. (3) 2 Halo, 61 ; 1 Salk. 382. (1) Arch. Cr. Tl. (180) It Irfi! m «i « 1 I ■ !«] CHAPTER XIII. SCUEDULE OF FEES. Sect. 1. T7ic Coroner'' s Fees in Inquests of Death. . 186 2. The Coroner's Fees in Fire Inquests 188 1. In Cities, Towns and Villages 188 2. In Country Parts 188 3. The Coroner's Fees for executing Civil Process 189 4. The Fees of the Medical Witness 192 5. The Cheinist's Fees 192 6. The Jurors and Witnesses 192 r 'Hic Constable's Fees 193 ♦—- Having referred to the Coroner's right to Fees in Sect. 2, Chap. V., Part I., and having stated the manner in which the expenses of inquests are' de- frayed, and in what shape, and to whom the accounts are presented, in Sect. 14, Chap. XI., Part II., it will now, in connection with the subject of fees, only be necessary to give a list of them. ——* — Sect. 1. The Coroner^ s Fees in Inquests of Death (1). Precept to summon jury $0 50 (1) These fees were established by the judges under and by virtue of 8 Vic. ch. 38. ' 186 188 188 188 189 192 192 192 193 3, only 0- 1$0 50 187 TinpanelHng jury $1 00 Summons for witness, each (1) 25 Info'-iiirtion or examination of each witness (2) . . 25 Taking every recognizance (3) 50 Taking Inquisition and making return 4 00 Every warrant (4) 1 00 Necessary travel to take an Inquest, per mile (5). 20 « (1) If a witness is summoned and not examined, only 25c. can be charged, and if a witness is called from tlie persona present, without being summoned, the sum of 25c. for tho examination can alone be charged. When a witness is both summoned and examined, then 50c. can be charged. (2) See note No. 1. (3) When an inquest is adjourned, the charge of 50c. is for taking the recognizances of the whole jury, and not for each separate juryman. (4) Where a warrant is issued to bury the body, the Government will not pay this fee, unless a certificate from the churchwardens or other proper authorities is obtained, stating they required a warrant to issue before they would permit the interment. If this certificate is not procured, however, the county will usually pay for the warrant. Tho purpose for which the warrant is issued must always bo stated in tho account. (5) Tho mileage is only to bo charged in going to the In- quest, and not in returning also. If tho Coroner holds moro than one inquest during the same journey, he can only charge the mileage for the second or other inquests from tho jilace of holding the previous inquest, and not from his resi- dence. The rllowance is for mileage ncccusai'ili/ travellod, and to hold the second incpiest he only ncaiisarUi/ travels from the place where the lust was held. til' ' ler and 188 i m Sect. 2. llie Coroner's Fees in Fire Inquests (1). 1. In Cities, Towns and Villages.'] For fire in- quests in these places the Coroner is 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 thereafter (2) and no more (3). 2. In Country parts."] For fire inquests in coun- try parts 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 (4). (1) In all cases the party requiring an investigation into accidents by fire is alone responsible for the expenses of and attending such investigation ; and no municipality can bo made liable for any such expense, unless the investigation is required by an instrument under the h ands 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 cor- poration, unless there are strong special and public reasons for granting the same. 24 Vic. ch. 33, s. 2. (2) No expenses of or for an adjournment of any fire in- quest is chargeable against or payable by the party or mu- nicipal 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. 24 Vic, ch. 33, 8. 3. (3) Con. Stat. Can. ch. 88, s. 9. (4) 23 Vic. ch. 35 s. 1 ; and see note No. 2. ire in- or mu- e held, under at took ch. 83, 189 Sect. 3. The Coroner' t Fees for executing Civil Process. The same fees are to be taxed and allowed to Coroners for services rendered by them in the execu- tion and return of process in civil suits as would be allowed to a sheriff for the same services (1). The following is a list of fees. The first list being for the Courts of Queen's Bench and Common Pleas ; and the second for the County Court. Q.B.AC, p. c.c. $ c. $ c. Every warrant to execute any process, mesne or final, when given to a bailiff . . 50 25 Arrest — when amount endorsed docs not exceed $200 1 00 1 00 Arrest — when amount endorsed is over $200 and under $400 2 00 2 00 Arrest — when amount endorsed is $400 and over 4 00 Mileage, going to arrest, when arrest made, per mile 10 10 Mileage, conveying party arrested from place of arrest to gaol, per mile 10 10 Bail bond, or bond for the limits 1 00 50 Assignment of the same 1 00 25 For an undertaking to give a bail bond ... 1 00 Service of process not bailable, scire facias or writ of revivor (including affidavit of service) each defendant 1 00 75 Serving subpoena, declaration notices, or other papers (besides mileage for each party served) ^ 60 25 (1) R. C. No. 104 ; and R. Co. Ct. No. 150. •iiiii •|i If I III I''' 190 Receiving, filing, entering and endorsing all $ c. $ c. writs, declarations, rules, notices or other papers to be served, each 25 10 Return of all process and writs (except subpoenas) 60 25 Every search, not being by a party to a cause or his attorney 20 20 Certificatoofresultofsearch, when required 50 50 Serving each juror 20 20 Poundage on executions, and on attach- ments in the nature of executions, where the sum made ohall not exceed $400, five per cent. Where it exceeds $400, and is less than $4,000, five per cent, for the first $400, and 2^ per cent, for residue, in Q. B. & 0. P. Over $4,000 1 J per cent, on whatever ex- ceeds $4,000, in addition to the poundage allowed up to $4,000, in lieu of all fees and charges for services and disburse- ments, except mileage in going to seize, and disbursements for advertising, and except disbursements necessarily incur- red in the care and removal of property, in cases exceeding $4,000 to be allowed by the master in his discretion. Schedule of goods taken in execution, in- cluding copy to defendant, if not exceed- ing five folios 1 00 CO Effh folio above five 10 10 The sum actually disbursed for advertise- ments required by law to be inserted in the official Gazette or other newspaper. 50 10 191 Drawing up advertisements required by $ c. law to be published in the official Gazette or other newspaper and transmitting the same in each suit 1 00 Every notice of sale of goods in each suit . 50 Every notice of postponement of sale on execution, in each suit 25 Service of writ of possession or restitution, besides mileage 4 00 Bringing up prisoner on attachment or haheas corpus^ besides travel at 20c. per mile 1 00 Actual mileage from the court house to the place where the service of any process, paper or proceeding is made, per mile , . 10 Seizing estate and effects on attachment against an absconding debtor 2 00 Every inventory, to be charged as on ex- ecutions. Removing or retaining property, reasonable and necessary disbursements and allow- ances, to be made by the master, or by order of the court or a judge, or by the clerk in county court matters. Bond to secure goods taken under an at- tachment, if prepared by Coroner 1 00 IN REPLEVIN. Precept to a bailiflf 50 Notice for service on defendant 50 Delivering goods to party obtaining the writ 2 0. Killed by falling from the hiads of a house. 100. Killed by a fall from a hayloft, being in liquor. 101. Drowned whilst in a tit. 102. Drowned. 10:j. Drowned by bathing. 104. Drowned by falling oat of a boot. 105. Found drowned. 100, By a fire. 107. By the explosion of gunpowder during a firo. 108. By being burnt. 109. By being suflfoented. 110. Killed by tl«e fall of a house. 111. Suffocated in the mud. 112. Killed by being shut up in a tnm-np bed. 113. Death of a child by sudden delivery. 114. Death by a difficult birth and hard labor. 115. Still born. 116. Starved. 117. Another form. 118. Natural death. 119. Found dead. 120. Found dead, cause of death unknown. 121. Sudden death by fits. 122. By excessive drinking. 123. Death in prison. 124. Killed by explosion of boiler of steam engine. 125. Killed bj^' collision on a railway. 126. Caption of a Fire Inquest. n I 199 i,( F () n M a . — -• — No. 1. COMMISSION. Province of Canada. [Great Seal] Elf^in and Kincardine. ViOTOKiA, by the j^ace of (Jwl^of the United Kingdom of Groat Britain and Ireland, Queen, Defender of thv Faith, &c., Ac., &c To Greeting. Know you, that having special trust and confidence in your loyalty, integrity and ability, We have consti- tuted and appointed, and by these presents do constitute and appoint you the said to be Coroner within the District of of our Province of Canada, in addition to those persons who have been heretofore appointed by our Royal Commission, to execute the said office in the said District. To have, hold and enjoy the said office of Coroner, and to execute the duties thereof according to the Laws of that part of our said Province formerly called Upper Canada, together with all and singular the rights fees, profits and privileges thereunto belonging and appertaining, unto you the said for and during our pleasure, and your residence within our said Province. In testimony whereof, wc have caused these our let- ters to be made patent, and the Great Seal of our said Province to be hereunto affixed. Witness, our right trusty and right well-beloved cousin, James Earl of Elgin and Kincardine, Knight of the most ancient and most noblo 0: ier of the Thistle, Governor General of British North America, and Captain General and Gov- ernor in Chief in and over our Province of Canada, Nova Scotia, New Brunswick and the Island of Prince Edward and Vice-Admiral of the same, »fcc., &c., &c., at Montreal, this 17th day of August, in the year of our Lord one thousand eight hundred and forty-eight, and in the twelfth year of our reign. Robert Baldwin, Attornfcy General. By Command, W. B. Sullivan, Secretary. i i ■<^:i 'JOO r, "It t No. 2. OATH OF ALLEGIANCE. Province of Canada, County of You, A. B., do sincerely pro- mise and swear, that you will be faithful and bear true allegi- to wit : ance to Her Majesty Quq^n Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province, dependent on, and belonging to, the said Kingdom ; and that you will defend Her to tho utmost of your power against all traitorous conspiracies or attempts whatsoever which shall be made on Her person, crown and dignity, and that you will do your utmost whatsoever to disclose and make known to Her Majesty, Her heirs and successors, all treasons and traitorous conspiracies and attempts which you shall know to be against Her, or any of them. All this you do swear without any equivocation, mental evasion or secret reservation, and renouncing all pardons and dis- pensations from any person or power whatsoever to the contrary. So help you God. No, 3. OATH OF OFFICE. You shall swear that you will well and truly serve our Sovereign Lady Queen Victoria and Her leige people in the office of Coroner, and as one of Her Majesty's Coroners of this County of . And therein you shall diligently and truly do and accomplish all and every thing and things appertaining to your office, after the best of your cunning, wit and power, both for the Queen's profit, and for the good of the inhabitants with- in the said County ; taking such fees as you ought to take by the laws and statutes of tb is Province, and not otherwise. So help you Go(l. II 201 ' >i I IS - No. 4. INDICTMENT FOR NOT TAKING AN INQUEST. Province of Canada, ^ The Jurors of our Lady the County of > Queen upon their oath present, to wit: ) that on, &c., one A. B., teas drowned and suffocated in a certain pond., and of that drowning and suffocation he, the said A. J5., then in- stantly died ; and that the body of the said A. B., at, &c., Lay dead, of which C. D., Esquire, afterwards, 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. D., not regarding the duty of his oflBce in that behalf, afterwards, to wit, on, &c., to execute his office of and concerning the premises, 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 in- quisition in that behalf hath as yet taken, against the peace, &c. 111! ■"•(•I i'i'l 11 M' -'HI crve oplc sty's you and after the ni\i- tto not No. 6. WRIT DE CORONATORE EXONERANDO. Upper Canada, County of Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the greet- [L. S.] Faith, &c. To the Sheriff of the County of ing. Forasmuch as we have for certain understood that C. D., one of our Coroners of your county, was ap- pointed Coroner for your county in the year one thou- sand eight hundred and that he is about to quit the county and to reside at a distance therefrom, andy therefore, cannot perform the duty of a Coroner in your county; we command you, that without delay you remove the said C. D. from the office of Coroner in your county. Witness, &c. (1). (1) See the grounds of removal, untc \>. :i2. ■i - ) |1 . Upper Canada, County of • 202 Or thus, Victoria, &c.- greeting. -To the Sheriff of Forasmuch as wo [L. S.] ) have for certain understood that C. D., of in your county, Esquire, one of our Coroners of your county, was appointed a Coroner for your county in the year : That in Trinity Term last a certain ir^formation was exhihited against hiin^ for certain mis- demeanors alleged to Jiave been committed by him in his office of one of the Coroners of your county^ on which he was tried at the last assizes^ when a verdict was found for the Crown, the jury at the same time stating that there was no proof before them of his having re- ceived any bribe, and that he is also subject to severe rheumatic attacks ; and from the above circumstances, ho considers himself incapable any longer to perform the duty of Coroner, as he ought to 'lo : we command you, that without delay you remove the said C. D. from the office of a Coroner in your county. Witness, &c. No. 6. SHERIFF'S RETURN THEREON. By virtue of the within writ to me directed, I have removed the within named C. D. from the office of a Coroner of and in my county, as within I am command- ed. Dated this day of 18 — . The answer of A. B., Sherifl^ County of No. 1. WARRANT TO CONSTABLE TO SUMMON JURY. Province of Canada, County of to wit : To the Constables of the Township of in the County of , and all other fler Ma- jesty's officers of the peace in and for the said County. By virtue of ray office, these are in Her Majesty's name to charge and command you, that on sight hereof you summon and warn twenty-four (1) able and sufficient (1) Any number not less than twelve can be summoned, 203 men of your several townships personally to be and ap- pear before me on the day of instant, at of the clock, in the at the house of called or known by the sign of the of in the said county of — in the said township — 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. D., Coroner, County of [L. S.] the lounty Ir Ma- ^unty. I name you icient )ncd. I No. 8. WARRANT TO GAOLER TO SUMMON JURY. Province of Canada, County of To the Keeper of the Common Gaol of the County of or to wit : ) his deputy there or other proper oflBcer. By virtue of my office, these are in Her Majes- ty's name to authorize and require you, upon receipt hereof, to summon or cause to be summoned twelve (1) good and lawful men, prisoners within the walls of your prison, to be and appear 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 the said prison, and to do and execute all such things as in Her Majesty's behalf shall be given them in charge, and have then 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 jear of our Lord one thousand eight hun- dred and C. D., Coroner, County of [L. S.] (1) Or such number as will constitute half the jury. II 204 No. 9. SUMMONS FOR JURY (1). Province of Canada, County of to wit : ( Tc ) of To the Constables of the Township of in the County — and all other Her Majes- ty's officers of the peace in and for the said county. By virtue of a warrant under the hand and seal of C. D., gentlemen, one of Her Majesty's Coroners for this county you are hereby summoned personally to be and appear before him as a juryman, on the day of in- of the clock, in the known by the sign of in the county of then precisely, at the in the town- and there to stant, at house of ship of - inquire, on Her Majesty's behalf, touching the death of B. F., and further to do and execute 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 hundred and Yours, &c., H. S., Constable of the said County of To Mr. E. B., of the Township of in the County of carpenter. No. 10. RETURN OF CORONER's WARRANT. The execution of this warrant appears by the schedule thereto annexed. The answer of Constable. No. 11. PROCLAMATION BEFORE CALLING JURY. Oyez, oyez, oyez — You good men of this county, summoned to appear here this day, to inquire for our Sovereign Lady the Queen, when, how and by what (1) The Coroner should furnish these summonses to the constable. ii'i' ;) 205 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. 12. PROCLAMATION FOR DEFAULT OF JURORS. Oyez, oyez, oycz — You good men who have been already severally called, and have made default, answer to your names and save your peril. to the No. 13. CERTIFICATE OF FINE OF JUROR OR WITNESS. Province of Canada, County of to wit : I, A. B., Coroner of and for the County of do certify, that C. D., of the of in the County of Yeoman (or as the case may be) after being duly summoned as a juror (or as a witness) and after being openly called three times, was fined by me on this day of A.D. 18 — the sum of (1) for not appearing at an inquest holden before me this day of A.D. 18 — upon the lady of about the age of who was found dead at (or other particulars or description) to serve as a juror {or as a witness to give evidence) upon such in- quest (2). A. B., Coroner, County of (1) The sum must not exceed four dollars. (See note p. 132.) (2) This certificate should be made out at the time the juror or witness makes default, and be transmitted to the clerk of the peace of the county or to the clerk of tlie Re- corder's court of the city in which the delinquent resides, on or before the first day of the next Quarter Sessions. And a copy of the certificate must be served upon the person by leaving it at his residence within a reasonable time after the inquest. Con. Stat. U. C. ch. 126, s. 3; and ch. 31, s. 169: and see Con. Stat. Can. ch. 88, sb. 6, 6, as to tires. If 20G No. 14. ADDRESS TO JURY BEFORE SWEARHfO FOREMAN. Gentlemen, hearken to your foreman's oath ; for the oath he is to take on his part is the oath you are seve- rally to observe and keep on your part No. 15. foreman's oath. You shall diligently inquire and true presentment 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., now lying dead, of whose body you shall have the view ; you shall pre- sent no man for hatred, malice or illwill, nor spare any through fear, favor or affection ; but a true verdict give according to the evidence, and the best of your skill and knowledge. So help you God (1). Ko. 16. 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 keep on your parts. So help you God (2). No. 11. 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 II. H. came to his death. Your first duty is to take a view of the body of (1) The oath sliould be administered in view of the body, (2) See note. 207 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 in- tended to be produced before you, you will endeavor to discover the cause of his death, so as to be ablo to return a true and just verdict on this occasion. No. 18. CORONER 8 CHARGB AFTER VIEW OF THE BODT. After the view is taken, and the jury called over, the Coroner should add to his former charge any neceSvSary 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 particular attention.'* lalf of to his )dy of body, No. 19. SUMMONS TO A WITNESS. To A. P., of the Township of — in the -County of y go- Province of Canada, County of to wit: ) man. Whereas, I am credibly informed that you can give evidence on behalf of our Sovereign Lady the Queen, touching the death of A. P., now lying dead, in the township of in the said county 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 dwell- ing 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 there 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.] To C. D., &c. ^ M'lU^' Jl.: fk\ 't I 208 No. 20. ORDER FOR THE ATTENDANCE OF A PRISONER (1). Province of Canada, ) By virtue of the ninety-ninth County of > chapter of the Consolidated Sta- to wit : ) tutes of Canada, section seventy- six, you are ordered to deliver C. D., now a prisoner in your custody, to E. F., who is hereby authorized to re- ceive such prisoner for the purpose of conveying him before me and the jury, now on this day of one thousand eight hundred and holding an inquest upon the body of about the age of who was found dead at (or other particulars or description). Hereof fail not as you will answer the contrary at your peril. Dated this day of one thousand eight hundred and By the Court, A. B., Coroner. To the Warden (or sheriff or gaoler^ as the case may he) of the Provincial Penitentiary (or of the County of ). No. 21. PROCLAMATION FOR THE ATTENDANCE OF WITNESSES. If any one can give evidence on behalf of our Sove- reign Lady the Queen, when, how, and by what means A. B. came to his death, let him come forth and he shall bo heard. No. 22. WARRANT AGAINST A WITNESS FOR CONTEMPT OP SUMMONS. To A. — of - B., Constable of the the County of in Province of Canada, County of to wit: ) and to all other Her Majes- ty's officers 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, can give evi- (1) No prisoner confined for any debt or damages in a civil suit can be removed out of the district or county where lie 18 confined. Con. Stat. Can. oh. 90, s. 70. Vf h 209 f dcnco on behalf of our Sovereign Lady the 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 ifie 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 Ma- jesty'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.] I m No. 23. OATH TO BE ADMINISTERED ON TAE VOIR DIRE. You shall true answer make to all such questions as the court shall demand of you. So help you God. No. 24. SUMMONS FOR THE ATTENDANCE OF A MEDI(!!AL WITNESS. Coroner' a Inquest at upon the body of By virtue of this my order as Coroner for you ar^ 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 death of (and when the witness is required to maJce or assist at a post mortem examination, add) and make or assist in making a post mortem examina- tion of the body, with {or without) an analysis {as the case may he) and report thereon at the said inquest. (Signed) A. B., Coroner. To C. D., Surgeon {or M.D., as the case may be), u 210 No. 25. COMMITMENT OF A WITNESS FOU REFUSING TO GIVE w Province of Canada, County of to wit: evide:*ce. J To the Constables of tho > Township of in the County ) of and all other Hot Majes- ty's oflicers of the peace in and for the county aforesaid, and also to the Keeper of the Gaol in tho said county. AVhereas, I heretofore issued my summons under my hand directed to C. D., of, &c., requiring his personal appearance before me, then and now one of Her Majes- ty's Coroners for the said county of at the time and place therein mentioned, to give evidence and be examined, on Her Majesty's behalf, touching and con- cerning the death of E. F., then and there Ij'ing dead, of the personal service of which said summons oath hath been duly made before me ; and whereas the said C. D. having neglected and refused to appear, pursuant to the contents of the said summons, I thereupon afterwards issued my warrant under my hand and seal, in order that the said C. D., by virtue thereof, might be appre- hended and brought before me to answer the premises. And whereas the said C. D., in pursuance thereof, hath been apprehended and brought before me, now duly sitting by virtue of my office, and hath been duly re- quired to give evidence, and to be examined before mo and my inquest, on her said Msijesty's behalf, touching the death of the said E. F., yet the said C. D., notwith- standing, hath absolutely and wilfully refused, and still doth wilfully and absolutely refuse to give evidence and bo examined touching the premises, or to give suflBcient reason for his refusal, in wilful and open violation 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, the said constables and oflScers of the peace in and for the said township and county, forth- with to convey the body of the said C. D. to the gaol of the said county at the of in the said county, and him safely to deliver to the keeper of the said gaol ; and those 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 gaol, until ho JIVE of tho I County r Majcs- foresaid, county, ider my personal sr Majes- the time ; and bo ind con- ng dead, ath hath lid C. D. nt to the terwards in order )e apprc- iremises. jof, hath ow duly duly re- efore mo ouching notwith- and still nee and ufBcJent tion and e of my jmmand rs of the forth- ! gaol of county, id gaol ; )ffice, in ;he said to your intil ho 211 shall consent to give his evidence and ho examined be- fore me and my inquest, on Her Majesty's behalf, touch- ing tho 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 under my hand and seal the day of in the year of our Lord ono thousand eight hundred and - A. B., Coroner, County of [L.S.} No. 20. COMMITMENT OF A WITNB'S FOR RIFUSINO TO SION HIS IMFOKMATION. Province of Canada, County of to wit : To M, N., one of the consta- bles of the Township of in the County of and all other Her Majcstv'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, laborer, now ©barged before me, ono of Her Majesty's Coroners for the said county, and my inquest, with the wilful murder of 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 con- tents thereof by me, in the presence of my said inquest, openly and truly read to him, 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 tho said C. I), having by me been requested and desired to sign and set his hand to his said testimony and informa- tion, and to acknowledge the same as by law is required, yet, notwithstanding, the said C. D. hath wilfully ancl absolutely refused, and still doth wilfully and absolutely i i! I ; ' I ' ■ii i I 1^ I 212 refuse so to do, in open deflanco of law, and to the great hindrance of public justice. These arc, therefore, by virtue of my oflice, in Ilur Majesty's name, to charge and command you, or one of you, the said constables and other Her Mmesty's officers of the peace in and for the said county of forthwith to convey the body of the sai 215 i No. 36. WARRANT TO BURY AFTER A VIEW. Province of Canada, County of to wit : To the Minister and Church- wardens of (or to the pro- per 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, but 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 buried ; and for your so doing this is your warrant. Given under my hand and seal this day of one thousand eight hundred and . A. B., Coroner, County of [L. S.] No. 36. WARRANT TO BURY A FELO DK SE AFTER INQUISITION FOUND (1). (1) Tho interment must take place within twenty-four hours nfter the finding of the inquisition (see pajj^e 45), and the warrant to bury a felo de se is not to be directed to tho minister, for no service is to be said (see page 45) ; it may be directed to the constables only. Province of Canada, ) To the Churchwardens of County of > (or to the projyer authorities to wit: ) having charge of the intended place of burial) and constables in the township of in the county of , "Whereas, by an inquisition taken before me, one of Her Majesty's Coroners for tho said county of this day of in the year of Her present Majesty Queen Vic'oria, at the of in the said county of on view of the body of J. D., then a^id there lying dead, tho jurors in tho said inquisit'Oii named have found that the said J. I), feloniously, wilfully, and of his malice aforetliought did kill and murder himself; these are, therefore, by virtue of my oflice, to will and require you forthwith to cause the body of the said J. D. to be buried according to law ; 216 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.] No. ST. THE RETURN THERETO. By virtue of the within warrant to us directed, we have caused the body within named to be buried ac- cording to law. CD ) J,' J,"' > Churchwardens. J. D., Constable. No. 88. PROCLAMATION AT ADJOURNED MEETINQ. 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 and place, draw near, and give your attendance; and you gentlemen of the jury who have been impanelled and sworn upon this in- quest to inquire touching the death of R. F., severally Answer to your names and save your recognizances. rfl* No. 39. CAUTION TO AND STATEMENT 01' THE ACCUSED. Province '>f Canada, ) A. B., stands charged before County of > me the undersigned, one of Her to wit: ) Majesty's Coroner's in and for the county of this day of in the year of our Lord one thousand eight hundred and by an inquisition taken before m 3, this day of in the year of our Lord one thousand eight hundred and at the of in the said county of - — on view Given — in the md - [L. S.] jcted, we uried ac- wardens. who have ! Queen's be taken, raw near, en of the >n this in- severally lances. 217 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 obliged 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 ~t your trial." Whereupon the said A. B. saith as follows: [Here state whatever the prisoner may say^ and in his very words as nearly as possible. Get him to sign it, if he will, at the end thus :] A. B. Tf..ken before me at the day and year first above mentioned. J. S., Coroner, County of w No. 40. OATH OF OFFICER TO KEEP THE JURY UNTIL THEY ARE AGREED IN THEIR VERDICT. You shall well and truly keep the jury upon this in- quiry without meat drink or tire ; you 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 (1). ifri t •■ I 5ED. ed before tne of Her n and for he year of — by an — in the and - on view No. 41. coroner's address TO THE JURY AFTER RECORDING THEIR VERDICT. Gentlemen, hearken to your verdict as delivered by you, and as I have recorded it. You find, &c. [Here repeat the substance of the verdict, and then add\ So say you all. (1) See note 1, p. 131. :\ '' 218 I ':f No. 42. PllOCLAMATION AT THE CLOSE OP INQUEST. Oyez, oyez, oyez — You good men of this township who have been impanelled and sworn of the jury to in- quire for our Sovereign Lady the Queen, touching the death of R. F., and who have returned your verdict, may now depart hence and take your ease. God save the Queen. No. 43. ORDER FOR PAYMENT OF MEDICAL WITNESS. By virtue of section ten of chapter one hundred and twenty-five of the Consolidated Statutes of Upper Canada, I, A. B., one of the Coroners of and for the county of do order you the Treasurer of the said county of ■ to pay to the sum of being the fees due to him for having attended as a medical witness at an inquest holden before me this day of upon the body of about the age of who was found dead at (or other particulars or descrip- tion) and at which said inquest the jury returned a verdict of [State the verdict concisely). A. B , Coroner, County of TTitnessed by me C. D., of the township of in the county of To the Treasurer of the county of ■ No. 44. RECOGNIZANCE TO PROSECUTE, &C. Be it remembered, ihaf on the d«ay of in the year of Province of Canad'v, County of to wit : ) the reign of our Sovereign Lady A'^ictoria (1) of the United Kmgdom of Great Britain and Ireland, Queen, Defender of the Faith, A. B., of the township of in the county of baker ; C. G., (1) The years of the reij;^n of Queen Victoria are reckoned from the 20th of June, 1837, consequently up to the 20th of June, 1864, will be the 2'7th yeai* of her reign. m ownship ry to in- hing the verdict, jrod save dred and f Upper I for the the said — being I medical — day of who i* descrip- turned a — in the a( on the ; year of ^n Lady tain and of the C. G., reckoned e 20th of 210 of the same place, victualler ; E. F., of the same place, laborer [and go insert the names of all hound over] do severally acknowledge to owe to our Sovereign Lady the Queen, the sum of forty pounds, of lawful money of Canada, to be levied on their several goods and chattels, knds and tenements, by way of recognizance, to Her Majesty's use, in case default shall be m!>,de in the con- ditions 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 county of and the said A. B. shall then apd there prefer or cause to be preferred to the grand jury a bill of in- dictment against G. H., and now in custody for the wil- ful murder of R. F., late the wife of the said E. F. (or as the finding may he)\ 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 per- sonally appear at the next assizes to be holden for the said county of and the said A. B. shall then and there proseciittj 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 to the jury, that shall pass on the trial of the said G. H. touch- mg the premises ; and in case the said bill of indictment shall be returned by the grand jury not found, that then they do severally personally appear at the said assizes to be then and there holden for the said county, and then and there prosecute and give evidence to the jury that shall pass on the trial of the said G. IL, upon an in<|uisition taken before me, one of Her Majesty's Coro- ners for the said county of on view ot the body of the said R. F., lata the wife of the said E. F., and not depart the court without leave ; then this recognizance to be void, otherwise to remain in full force (1). Taken and acknowledged this day of one thousand eight hundred and before me C. D., Coroner, County of if 1M{ m i' (1) If a wife be to give evidence, and the liusband bo not present to enter into the recognizance, the wife is to be 220 No. 45. RErOGNIZANCE TO GIVB EVIDENCE. It' Be it remembered the d [as in last precedent], J. P., of the Province of Canada, County of to wit : ) township of in the county of hlacksmifh ; T. P., of the same place, victualr ler ; J. R., of the same place, ishitesmith, the husband of S. R. ; J. B. of the same j)lace, haberdasher, the main* pernor of J. J., his apprentice, an infant ; J. S., of the eame place, sword cutle^, the mainpernor of G. S., his son, an infant ; do severally acknowledge to owe to our sovereign lady the Queen, the sum of forty pounds, 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 condition following ; and Susan, the wife of J. P., of the same place, labourer, on pain of impri- sonment in case she shall make default in such condi- tion : The condition of this recognizance is such, that, if the above bounden 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 bill of indictment to be preferred to the grand jury against C. D., now at large, for the wilful murder bound, not in any penal sum, but upon pain of imprison- ment, thus : — " Sijirah, the wife of John Kogers of the same place, hatter, on pain of imprisonment in case she sliall make default in such condition," If the husband be present he is to be bound for the appearance of his wife (not as mainper- nor, for they are but one flesh) and the wife's name only is inserted throughout the condition. If an infant or an ap- prentice be to give evidence the parent or master is to be be bound in a recognizance, thus : — " John Styles, of the same place, sword-cutler, ihe mainpernor of George Adorns, his ap- prentice," or " the mainpernor of George Styles, his son, an infant {as the fact may be) do severally owe," dec. {as before), and the child's or apprentice's name is to be inserted throughout the condition. Wlien tlie parties are to enter into recognizances call them over by their names, and state the recognizances in the second person. The record is usually made out afterwards, and need not be signed by the conusors. as in the ^, of the he county ?, victualr ) husband the main* S., of the G. S., his >we to our pounds, of ;ir several >y way of *ault shall ri, the wife I of irapri- uch condi- 3uch, that, vife of the Eersonally -, in and evidence le grand murder impnson- the same mil make Bsent he is mainper- me only is or an ap- r is to be rf the same lis, his ap- is son, an as before), inserted call them :es in the terwards, 221 of Sarah^ his wife {or as the finding may be) ; and in case the said bill of indictment shall be returned by the grand jury a true bill, then that they do severally per- sonally appear at the session of gaol delivery, to be holden for the said county of , next after the appre- hending 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 in case the said bill of indictment shall be returned by the grand jury " not found," that then they do severally personally appear at such session of gaol deli' very to be then and there holden for the said county, and then and there give evidence to the jury that shall pass on the trial of the said C. D., upon an inquisition taken before me, one of Her Majesty's Coroners for the said county of -, on view of the body of the said S. D., and not depart the court without leave, then this recognizance will be void, otherwise to be and remai n in full force. Taken and acknowledged, this day of , thousond eight hundred and , before me (1). F. E., Coroner County of one No. 46. COMMITMENT OP A WITNESS FOR REFUSING TO ENTER INTO RECOGNIZANCE TO APPEAR TO GIVE EVIDENCE. Province of Canada, ^ To the Constables of the County of , > township of , in the county to wit : 3 of , and all other Her Ma- jesty's oflBcers 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 afore- said, at in the said county, on view of the body of C. D., then and there lying dead, one J. U., of the town- ship aforesaid, in the county aforesaid, labourer, was by my inquest then and 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 (1) See note 1, page 219. 222 ■If then and there examined, and gave information in writ- ing 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 acknow- ledged, 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. touching 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, or one of you, the said constables and other Her Ma- jesty's officers of the peace, in and for the said county, forthwith to convey 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 like- wise 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 Buch recognizance before me, or before one of Her Majes- ty'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.] No. 47. WARKANT TO TAKE UP A BODY INTERRED. Province of Canada, County of , to wit : of the place ofburial] \ To the Minister and Church- wardens of [or to the pro- per authorities having charge Whereas, complaint hath been made unto me, one of Her Majesty's Coroners for the 223 I in writ- iremises, then and acknow- 3 that, the 's behalf irged by e said U. inter into irance at 1 and for re to give aid J. U. ind delay ny office, land you, Her Ma- i county, B. to the the same i are like- fs name, ceive the d him to nter into er Majes- for the he shall !Ourse of bt. of , [L. S.] |D. Church- tfie pro- f charge ath been for the said county, on the day of , that the body of one G. R. was privately and secretly buried 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 Iler Majesty's Coroners for the said county, whereby, on Her Majesty's behalf, an inquisition might have been taken on view of the body of the said G. R. before his interment, as by law 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 the said G. R. to be taken up and safely conveyed to in the said township, that I with my 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. 48. WARRANT TO APPREHEND THE ACCUSED. Province of Canada, County of to wit : To the constables of the township of in the county of and all other Her Majes- ty's 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, laborer^ stands charged with the wilful murder of the said G. R. These are, therefore, by vir- tue of my office, in Her Majesty's name, to charge and command you and every of you, that you or some or one of you, without delay, do apprehend and bring be- fore 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.J i 'i'-> 224 V;, I , No. 49. WARltANT OF COMMITMENT. Province of Canada, County of to wit : To the constables of the town- ship of in the county of and all other Her Majesty's offi- cers 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, laborer^ stands charged [here insert the crime charged^ for instance, the wilful murder of the said R. L.] These are, therefore, by virtue 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, ftnd 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.] No. CO. WARRANT OF DETAINER. Province of Canada, County of to wit : To the keeper of Her Majes- ty'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 225 hereunder written, at the of in the said ' ' the town- nty of jsty's offl- he keeper i county. »nc of Iler - the day le body of - in the e of rged [here ul murder tue of my command or any of he said J. 1 safely to |iol. And le, in Her lid keeper custody, he shall d for your under my and eight I- [L. S.] ler Majes- e county ou have ereas by Majesty's and year county, on view of the bo the said county, standing; charged with the killing and slaying of the said II. h\, and this is tlie cause of the taking and detaining of the said C. I)., which writ, together with his body, 1 have ready, us by the said writ 1 utu couinmnded. - and also iir county I you that / Draper, Bench, at our writ, cd in our ther with by what- lerein, to gs as our r of con- \en there Court, cution of led. The No. 56. NOTICE OF BAIL. In the Queen's Bench. 7' he Queen v. C. D. Take notice that an application will be made in Iler Majesty's Court of (Queen's Bench, at Toronto, on next, or so soon after as counsel can 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 terminer and general gaol delivery, to be holden in and for the county of to answer all such mattii's 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]. rtify and B., Chief named, to say, he reign in the fajesty's the writ. No. 66. VINIRE 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. II., gentlemen, ■k f 228 l! . one of the Coroners of your county, to answer to iis touching several defects in a certain inquisition lately taken before him, upon view of the body of one R. F., there lying dead. \N'itr.ess, &e. .11 Ml If ' No. 5"?. DECLARATION OF CORRECTNESS OF ACCOUNT. I, A. B., Coroner (or as the case may he) declare that the above is just and true, to the best of my knowledge and belief. A. B. 4 A No. 68. '»ATn OF MILEAGE (1). I, A. B., Co.istable (or as the case may he) make oath tnd say, that I did on the day of in the mat- ter of the inquer.t held at on the body of necessarily travel miles in order to [here state the natu'>'e of the service]. .Sworn before Tie at this ) day of A.D. 18— . > A. B. C. D., J. P. ) INQUISITIONS. No. 59. THE CAPTION OR INCiriTUR OR BEOINNING OF EVERY INQUISITION OF DEATH. Province of Canada, ^ An Inquisition indented taken County of > for our Sovereign Lady the to wit: ) Queen, at the house of A. B., known by the sign of situate in the of in the connty of on the day of in the year ot the reign of our Sovereign Lady Victoria (2) (1) This affidavit must bo sworn before a justice of the peace. (2) See note 1, page 218. ^n rer to us ion lately )ne R. F., NT. iclare that knowledge A. B. make oath n the mat- ly of here state I EVERY ited taken jady the lof A. B., of in the ictoria (2) lice of the 229 before C= D., Esquire, one of the Coroners of our said Lady the Queen for the said county, on view of the body of E. F., then and there lying dead, upon the oath (or oath and affiniiation) of [naming all the jurors tinorn] good and lawful men of the said county, duly chosen, and who being then and there duly sw orn, and charged to inquire for our said Lady the Queen, when, where, how and by whac means the said E. F. came to his death, do upon their oath say — That, &c. [Then fol- lows the verdict or Jinding of th<} jury, and after that the attestation or closing part of the Inquisition. See the next form]. No. 60. THE ATTESTATION OB CLOSING PART OF EVERT INQUISITION. lAfter the caption and verdict should folloto the at- testation in these words .*] In witness whereof^ as well the said Coroner aj the juror3 aforesaid, have hereunto set and subscribed their hards and seals the day and year first above written. [Under the attestation the Coroner signs his name, adding his office, thtie, "Coroner of the county of ," and the jury sign their names in rotation under the Coroner's. A seal should he affixed for the Coroner and for each of the jurymen]. HOMICIDE BY INFANTS UNDER DISCKETION. No. 61. By drowning himself. Copy caption as U page 228 and then proceed,] that the said K F., thf,n being an infant 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, into a curtain river of water commonly called the did cast and throw himself, by means of which said casting and throwing the said R. F., then being 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 m n\p- 2S0 died : ahd so the jurors afoi'esaid upon their oath afore-' said, do say, that the said R. F., so being such infant linder the age of discretion as afor^^.^aid, in the hiahhet and by the means aforesaid, did kill himself In wit- ness, &c. [Jinish with the attestation as at page 229]. >■;!; ';:!'• 1 t[ i 1 '1 i 1 n I' rii i:} ■ h^ No. 62. i?y poisoning the deceased. dopy caption as at page ^28,] that one C. D., then being an infant and under the age of discretion, to wit, of tlie age of years, not having discernment between good and evil, on the day of in the year afore- said, 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 cer- tain quantity of beer did put, mix and mingle, the said Qi D. not knowing that the said white arsenic so as aforesaid by him put, mixed p.nd mingled into and with the said beer was a deadly poison ; and that the said R. F. afterwards, to wit, on the day and year aforesaid, did take, drink and swallow down a certain large quan- tity, to wit, half a pint of the said beer, with which ths said white arsenic was so mixed and mingled b^ the said C. D. as aforesaid, the said R. F. at the time ho so took, drank and swallowed down the said beer, not knowing that there was any white arsenic or any other poisonous or hurtful ingredient mixed or mingled there- with ; by means whereof he, the said R. 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 oi' 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 afore- said, do say that the said C. D., so being such infant under the age of discretion as aforesaid, him, the said ath ftfof fi- lch infant le tnahhet : In wit' ge 229]. 231 R. F., in the manner and by the means aforesaid, did kill and slay, but not feloniously nor of his malice afore- thought ; and so the said R. F. came to his death. In witness, &c. [Jinkh with the attestation as at page 22yji 4 m I D.^ then on, to wit, nt between year afore- ison Called said white 1 infant as with a eer- ie, the said lenic so as o and with at the said r aforesaid, large quan- i which tha led b:, the e time ho d beer, not any other igled there- len became nd the said ken, drunk |he sickness of — -in ame month uishing did the year iresaid and ereby, did oath aforc- jsuch infant I, the said No. 63. By striking an infant with a hammer. Copy caption as at page 228,] t'.it one C. D., 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 day of in the year afore- said, with a certain hammer the said R. F., an infant of tender age, to wit, of the age of years, in and upon the head of him the said R. F. did strike, thereby then giving to the said R. F. with the hammer aforesaid, in and upon the head of him the said R. F., one mortal bruise, of which said mortal bruise the said R. F., from the day and year last aforesaid, until the day of in the same year, did languish, and languishing did live, on ,vhich said last-mentioned day in the year aforesaid, the t:aid R. F., of the said mortal bruise, did die : and so the jurors aforesaid, upon their oath afore- said, do say, that the i^aid 0. D, , so being such infant under the age of discretion as aforesaid, him, the said R. F., in the manner and by the means aforesaid, did kill and slay, but not feloniously nor of his malice afore- thought ; and so the said R. F. came to his death. In witness, &c. [finish with the attestation as at page 220]. HOMICIDE BY MADMEN, LUNATICS AND IDIOTS. No. 64. By shooting himself. Copy caption as nt page 228,] that the said R. F. not being of sound mind, memory and understanding, but lunatic and distracted, on the day of in the yerr aforesaid, a certain pistol loaded and charged with gunpowder and one leaden bullet, which pistol he, tho V 'ff nil t ■ I! If 282 said R. F., in his right hand then held, to and against the head of him the said R. F. did shoot off and dis- charge, by means whereof the said R. F. did then give unto himself, with the leaden bullet aforesaid, so dis- charged 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 understanding, but lunatic and distracted, in the manner and by the means aforesaid did kill him- self. In witness, &c. [Jinish with the attestation as at page 229]. I I I Hn i 11 No. 65. By cutting his throat. Copy caption as at page 228,] 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, with a certain razor, which he, the said R. F., in his right hand then held, the throat of him the said R. F. did strike, stab and penetrate, thereby then giving unto himself, the said R. F., with the razor afore- said, in and upon the throat of him the said R. F. 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., 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 the attestation as at page 229]. I t 'I, n '1 \\ No. 66. By stalling himself^ where the cause and death are in different counties. Copy c-aption as at page 228,] that the said R. F. not being of sound mind, memory and understanding, but lunatic and distracted, on the day of in the 233 [ against and dis- ;hen givo J, so di3- j force of d of him id mortal itly died : aforesaid, nd mind, i^stracted, I kill him- tion as at I R. F. not ,nding, but in the le, the said of him the |ereby then azor afore- R. F. one ,e the said aforesaid, |said R. F., srstanding, .nd by the &c. [finuh \eath are in Id R. F. not mding, but in the year aforesaid, at the of i.. 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 aforesaid, in and upon the left side of the belly of him the said R. F., near the abdomen aforesaid, one mortal wound, of which said mortal wound he the said R. F., from the said day of in the year aforesaid, at the last afore- said, 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 paid R. F., not being of sound mind, memory and understanding, but li .latic and disiracted, in the r.\anner and by the means aforesaid, did kill himself In witness, &c. [Jiiiish with the atteatatioti as at page 229]. No. 67. By hanging himself. Copy caption as at page 228,] 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, one end of a certain piece of small cord unto an iron staple then fastened into the ceiling of a certain room of him the said R. F. in the dwelling-house of one situate at the of in the county of and the other end thereof about his own neck did fix, tie and fasten, and therewith then did hang, suffo- cate and strangle himself, of which said hanging, suffo- cation and strangling he the said R. F. then instantly died : and so the jurors aforesaid, upon their oath afore- said, do say, that the said R. F. not being of sound mind, memory and understanding, but lunatic and dis- tracted, in the manner and by the means aforesaid, did kill himself In witness, »fec. [Jinish with the attestar tion as at page 229]. I •TO I ;t. 1. 1 8' l!|l '^ '!! Ko. 68. Bij pomning himself. Copy caption as at page 228,] 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, a certain large quantity of a certain deadly poison called white arsenic, to wit, two drachms of the said white arsenic, into a certain quantity of tea steeped and infused in hot water, did put, mix and mingle, and a large quantity of the said tea, to wit, half a pint of the said tea, with which the said white arsenic was so then put, mixed and mingled as aforesaid, the said R. F., not being of sound mind, memory and under- standing, but lunatic and distracted as aforesaid, did then take, drink and swallow down, by means whereof the said R. F. then became sick and distempered in his body, and of the poison aforesaid so by him taken, drunk and swallowed down as aforesaid, and of the sick- ness and distemper occasioned thereby, from the said day of in the year aforesaid, until the day of the same month of in the year afore- said, 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, on their oath aforesaid, do say, that the said R. F., not being 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. [Jinish with the attestation as at page 229]. No. 69. Bi/ droicning himself. Copy caption as at page 228,] 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, '•I J) ''. r I R. F. not nding, but in tho a certain o drachma itity of tea ^ mix and to wit, half lite arsenic )resaid, the and under- )resaid, did .ns whereof )ered in his him taken, of the sick- m the said ;il the year afore- ;, on which aid, he the he sickness and so the ay, that the and under- nanner and n witness, 529], 235 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 he the said R. F. then instantly died : and so the jurors afore- said, upon 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. [Jiiiish with the attestation as at page 229]. No. 70. By throwing himself out of a window. Copy caption cw at page 228,] that the said R. F. not being of sound mind, memory and understanding, but lunatic and distracted, on the day of in tho year aforesaid, from and out of a certain window in the dwelling-house of him the said R. F., situate at the of in the county of did violently cast and throw himself to the ground, to and against a certain stone pavement then there being, by means of which said casting and throwing to and against the said stone pavement, he the said R. F. did then receive one mortal wound on the upper part of the head of him the said R. F., of which said mortal wound he the said R. F. then instantly died: and so the jurors aforessiid, upon their oath aforesaid, do say, that the said R. F., in the man- ner and by the means aforesaid, not being of sound mind, memory and understanding, but lunatic and dis- tracted, did kill himself. In witness, &c. [finish with the attestation as at page 229]. id R. F. not anding, but — in the situate in cast and lasting and ound mind, No. 71. By throicing the deceased out of a icindoic. Copy caption as at page 228,] that one C. D. not being of sound mind, memory and undersUinding, but lunatic and distracted, on the day of in the year aforesaid, him the said R. F. through and out of a 236 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 aforesaid, to and against the ground as aforesaid, a vio- lent concussion of the brain, of which said violent con- cussion the said R. F. then instantly died : and so the jurors aforesaid, 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 manntf and by the meons aforesaid, did kill and slay, but not feloniously nor of his malice afore- thought, and so the said R. F. came to his death. In witness, «S:c. [Jinith icith the attestation as at page 229J. J A HOMICIDE IN A FIT OF DELIRIUM. No. 12. By sliooting liimself. Co^ty caption as at page 228,] that the said R. F. then laboring under a grievous disease of the body, to wit, a fever {or as the case may he) and by reason of the vio- lence 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 ami out of his mind as aforesaid, did shoot off and dis- charge, thereby then giving unto himself in and upon the head of him the said R. F., with the leaden bullet aforesaid out of the pistol afore^'iid, then by force of i':e gunpowder afore said shot off and discharged as aforesaid, one mortal wound, of which said mortal wound he the Sitid R. F. then instantly died : and so the jurors afore- said, 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 b}' the means aforesaid, did kill him- self. In witness, &c, [finish with the attestation as at 2)0 ge 229]. 237 situate at d against , thereby throwing lid, a vio- :)lcnt con- nd so the say, that mory and 11 the said 1, did kill lice afore- cath. In oage 229J. le R. F. then to wit, a the vio- delirious — in the anpowder said R. F. head of deUrious and dis- md upon en bullet rce of i'.e aforesaid, nd he the ors afore- said R. aforesaid, kill him- ion as at AIDERS AND ARETTOKS (1). No. 73. Murder^ stating the aid and abetment specially. Copy caption as at page 228,] that one C. D. 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, the said R. F. feloni- ousl}'', wilfully .and of his malice aforethought did kill and murder [and the jurors aforesaid, upon their oath aforesaid, further say that E. F. and G. H. at the time of the felony and murder aforesaid, to wit, on the day and year aforesaid, were feloniously present comforting, aiding, abetting and .assisting the said C. D. the felony and murder aforesaid to do and commit] : and so the jurors aforesaid, upon their oath aforesaid, do say, that the said C. D., E. F. and G. II. him the said R. F., in manner aforesaid, feloniously, wilfully and of their malice aforethought, did kill and murder, against the peace of our said Lady the Qiiecn, Her Crown and Dig- nity. In witness, &c. [Jinish with the attestation as at page 229]. ♦ * ACCESSOKIES BEFORE THE FACT. No. 74. Murder^ charging the accessories jointly with the pirincipal. Copy caption as at page 228, and continue as in the last precedent^ omitting the charge within brackets and then proceed,] and the jurors aforesaid, upon their oath aforesaid, further say, that E. F. before the said felony andmurder was committed, to wit, on the day of in the year aforesaid, feloniously and maliciously did incite, move, procure, aid, counsel, hire and command the said C. D. the said felony and murder to do and (1) When sevpral are present aidiui^ and abetting, the in- quisition may lay it generally as done by all, or, according to the fact, as done by one and abetted by the rest. 2 Hawk. P. C. ch. 28. 238 ■ f Hi $ I H commit, against the peace of our said Lady the Queen, Her Crown and dignity. In witness, &c. [ copy atteata- Hon aa at page 221iJ. No. 16, Murder, charging the accessory alone, tcherc the principal is unknown. Copy caption as at page 228,1 that certain persons to the jurors aforesaid unknown, on the day of in the year aforesaid, feloniously, wilfully and of their malice aforethought, the said R. F. did kill and murder, against the peace of our said Lady the Queen, Her Crown and dignitv : and the jurors aforesaid, upon their oath aforesaid, do further say, that C. D. before the said felony and murder was committed, to wit, on the day of — ' — in the year aforesaid, did feloniously and maliciously counsel, hire, procure and command the said persons to the said jurors aforesaid unknown as aforesaid, the said felony and murder to do and commit against the peace of our said Lady the Queen, her Crown and dignity. In witness, &c. [copy attestation aa at page 229]. PELO DE SE. No. 76. J3y hanging himself. Copy caption as at page 228,] 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 2J9 f Queen, atteata- the rsons to of of their murder, en. Her on their the said ;he isly and and the lown as commit • Crown n as at F. not ; moved he himself Queen afore- dR. F. certain fs gaol as then nd the fix, tie and fasten, and therewith did then hang, sufTocatc and strangle himself, of which said hanging, suffocation and stangling he the said 11. F. then (1) instantly died : and so the jurors aforesaid, upon their oath aforesaid, do say, that the said R. F., in the manner and by the means aforesaid, feloniously, wilfully and of his malico aforethought, did kill and murder himself, against the peace of our said Lady the Queen, her Crown and dig- nity ; and that the said R. F. at the time of committing the felony and murder aforesaid had no goods or chat- tels, lands or tenements within the said county or elsewhere, to the ' nowledge of the said jurors. In wit- ness, &c. [^7U8h with the attestation as at page 229]. No. 77. By stalling himself. Copy caption as at page 228, and then continue as in the preceding form,] did make an assault ; and that the said R. F. with a certain drawn sword, which he the said R. F. in his right hand then had and held, did then give unto himself one mortal wound (2) upon the belly of him the said R. F., under his left breast (3), of tho breadth of one inch, and of the depth of six inches (4), of which said mortal wound he the said R. F. then in- stantly died (5) : and so the jurors aforesaid, upon their oath aforesaid, do say, that the said R. F., in the man- ner and by the means aforesaid, feloniously, wilfully (1) The respective times of the wound and death must be shown. The death must appear to be within a year and a day after the cause of death. (2) The wound must be set forth, and it must be alloj^od that it was mortal, and that the party died of it. 1 Salk. 177; 7 Mod. 16. (3) It has been considered necessary to state in what part of the body the wound was given, and also t)>e length and depth of the wound. 2 H. P.'C, 185, 186 ; 2 Hawk. P. C. c. 23. ss. 80, 81 ; Trem. Ent. 10; St. P. C. 78 b, 79 a; 4 Rep. 40 6, 41 ; 5 Ld. 120, 121, 122; Cro. Jac. 95. <4) See note (3). .(6) See note ,(1). r*. 240 and of his malice aforothouj^ht, did kill and murder himself, against the peace of our said Sovereip;n Lady the Queen, her (Vown and dif^nity ; and that the said U. K., at the time of the said felony and mtirder, so as aforesaid done and committed, Imd no goods or chattels, lands or tenements, within the said coimty or elsewhere, to the knowledge of the said jurors. In witness, &c. [jinish with the attestation as at jtayc 22UJ. No. 78. By slinoting himseJf. Copy caption nn at page 228, and then, rontinne as in the 7()thJonti\ did make an assaidt; and that the said R. F. a certain pistol charged with gunpowder and one leaden bullet, which he the said 11. F. in his right hand then had and held, feloniously, wilfully and of his malioe aforethought, to and against the head of him the said K. F. did then shoot off and discharge ; and that the said R. F. with the leaden bullet aforesaid, out of tlie 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 pene- trate, 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 gunpowder aforesaid, in and upon the head of him the said R. 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. [conclude as in x>recedingforni\. ^ m W; ' No. 19. By droicning liiimelf. Commence as in form No. 76] did make an assault, and that the said R. F. into a certain pond there situate, wherein there was a great quantity of water, then and there feloniously, wilfully and of his malice aforethought, did cast and throw himself; by means of which said casting and throwing into the pond aforesaid, he the sai4 I 241 murder ip;n Lady the snid lor, so as cyiattels, Isc where, iiess, &c. 7iue as in . the said ■ and one if^ht hand d of his f him tho and that id, out of inpovvder md upon uUy and tnd penc- en bullet ut of the orcsaid, mortal of threo lid R. F. iclude aa assault, ! situate, hen and hought, lich said the sai4 R. F. in the pond aforesaid with the water aforesaid was then and there ehoked.suHocatiul and drowned ; of whii-h said «'hokin<;, suH'ocation and drownirv^ Im the said K. V. then and there instantly died. And so the jurors, &.c. [conclude as in form 3't>. 77J. No. 80. /??/ poifionin// himself. Copy caption as at jiac/fi 2'JH| that the said R. F. not having the fearof (Jod before his eyes, but beiii}; moved anil seduced by the instijj^ation of the devil, and of his malice aforethouf^ht, wickedly contrivinp^ and intendinp; with poison wickedly, feloniously and of his malice aforethought to kill and murder himself, on the day of in the year aforesaid, feloniously, wilfully and of his malice aforethought a large (luantity of a cer- tain deadly i)oison called white arsenic (1), to wit, two drachms of the said white arsenic, into and with a cei- tain quantity of tea infused in warm water, feloniously, wilfully and of his malice aforethought, did put, mix and mingle, the said R. F. then well knowing the said white arsenic so as aforesaid by him put, mixed and mingle:s- tation, as at page 229]. (1) The schiidule should ho sin^nod and Healed by tlie Coro- ner and jury, and annexed to tlie inquisition, witli wliich it should be returned.. ('i) Inquisitions iif^aiiist, principals Itj the sccontl degree In miu-der sliould state distinctly thiit they were present when the mortal stroke was givec. 1 liuss. 2'J. i!;i! 244 EXCUSABLE HOMICIDE. No. 86. By correction. Copy caption as at page 228] 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. F. 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 cane 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 misfortune, 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 languishing 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 0. D. him the said R. F., in the manner and b^ the means aforesaid, casually and by misfortune, and against the will of him the said C, D., did kill and slay. In witness, &c. [finish with attesta- tion^ as at page 229j. ii*m' >• " 1: 1 V 1 i! I: 1 »,' No. 87. By shooting at hutts. Copy caption as at page 228] that C. D., on the day of in the year aforesaid, a certain gun charged with gunpowder and a leaden bullet, which he the said C. D. then had and held in both his hands, casually and by misfortune, and against the will of him the said C. D., was discharged and shot off; and that the said C. D., with ihe leaden bullet aforesaid, then discharged and shot out of the said gun by the force of the gun- powder aforesaid, him the said R. F., in and upon the left breast of him the said R. F., casually, by misfor- tune, and against the will of him the said C. D., did then 1 the tain cane, 1 held, the I the said it did beat said R. F. ght side of nd against md strike, ., with the igainst the side of him aid mortal of in lishing did 1 the year bruise did their oath said R. F., sually and said C. D., ith attesta- \n the m charged ke the said dually and the said lat the said {discharged If the gun- upon the I by misfor- did then 245 strike and penetrate, thereby then giving unto him the said R. F., with the bullet aforesaid, out of the gun aforessiid, so shot off and discharged as aforesaid, in and upon the said left breast of him the said R. F., one mortal wound, of which said mortal wound he the said R. F. then instantly died. And so the jurors, &c. {con- clude an in the above 'precedent, and with the attestation at page 229]. — « — No. 88. By a knife. Copy caption as at page 228] that the said R. F. and one C. D., on the day of in the year aforesaid, being infants under the age of twelve years, in the peace of God, and of our said lady the Queen, then being in friendship, and wantonly and in play struggling toge- ther, and then and there both falling to the ground, it so happened that, casually and by misfortune, and against the will of him the said C. D,, the said R. F. then fell upon the point of a certain open clasp knife, which he the said C. D. then had and held in his right hand ; by means of which said falling he the said R. F. did then, "asually, by misfortune, and against the will of him the said C. D., receive one mortal wound in and upon the right breast of him the said R. F., of the breadth of one inch, and depth of three inches ; of which said mortal wound the said R. 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 ^he mortal wound aforesaid did die. And so the jurors, c c. [conclude as in form Ko. 8G]. No. 89. In defence of person. Copy caption as at page 228 j 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 drinking room one C. D. and divers other persons were 246 <1 ^f n a <4 'i iir- !r' then present, the said R. F., without any cause or pro- vocation whatsoever given by the said 0. D., did then menace and llireaten the said C. I), to turn him the said C. I), out of the said common drinking-room, and for that purpose did then 'ay hold of the person of him the said C. D., and on him the said C. 1). violently did make an assault, and him the said C, D. withont any cause or provocation whatsoever did then beat, abuse and ill- treat : whercupan the said C. D., for the preservation and safety of his person, and of inevitable necessity, did then, with the hands of him the said C. D., defend him- self against such the violent assault of him the 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 0. D., by the falls and blows which he the said R. F. then sustained by his the said C. D.'s so defending himself as aforesaid, divers mortal bruises in and upon the head, back and loins of him 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 languish- ing did live ; on which said day of in the year aforesaid, the said R. F. of the mortal bruises afore- said 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 defence of himself the said C. D. in manner and by the means aforesaid, did kill and slay. In wit- ness, &c. \Jinish with atiesiation, as at page 229]. ■1!: ii ^^ JUSTIFIABLE HOMICIDE. No. 90. Against a street robber. Copy caption as at page 228] 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 Queen's highway then being, feloni- ously did make an assault, and him the said C. 1). 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. I), from the person and against the will of him the said C. D. in the Queen's higiiway aforesaid then fcloni- ise or pro- ,, did then rn the s.aid n, and for of him the y did make ly cause or se and ill- reservation :essity, did lefend him- Ti the said i said R. F. said C. D., R. F. then ing himself n the head, ^hich said d day day of the d languish- in the uises afore- upon their ;m the said in manner In wit- 29]. I. F., with imknown, lid, in .and ing, feloni- d C. D. in t, and one Q the said >f him the icn fcloni- (•J 247 ously 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. and the said persons to the jurors aforesaid unknown, had done and committed the felony .and robbery aforesaid, they the said R. F. and the said persons to the jurors aforesaid unknown, did then endeavour to fly and escape for the same ; where- upon the said C. D., together with E. II. and E. F. and certain other persons to the jurors aforesaid imknown, called in and taken to their assistance, did then pursue and endeavour to take and apprehend the said R. F. and the said persons to the jurors aforesaid unknown, for the doing and the committi.^g of the said felony and robbery ; and that the said R. F. in such pursuit was overtaken by them the said C. I)., E. H. and E. F. and the said persons to the jurors aforesaid unknown : whereupon the said C. D., E. H., E. F., and the said persons to the jurors aforesaid unknown, did then law- fully and peficeably endeavour to take and apprehend the said R. P., who was then peaceably required to sur- render himself, in order to be brought to justice for the felony and robbery aforesaid ; and that the said R. F., to prevent his being taken and apprehended, did then with a pistol loaded with gunpowder and a leaden bullet which he the said R. F. then h.ad and held in his right hand, men.ace 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 himself, and did obstinately and unlawfully stand upon his defence, in open defiance of the Laws of this Province ; and that upon such endeavour to take and apprehend the said R. F., he the said R. F. did then discharge and shoot off the said pistol so loaded with gun power and a leaden bullet as aforesaid, at and ag.ainst him the said C. D. ; and that on the said R. F. so continuing obstin.ately and unlawfully to resist and refuse to surrender himself to public justice, they the said C. I)., E. II. and E. F., in order to apprehend and take tlie s.aid R. F., to bo brought to justice for the said felony and robbery, and in order to oblige the said R. F. to surrender iiimself for the purposes aforesaid, did then, justifiably and of inevita- ble necessity, attack and assault the said R. F., by means ir^ 1 248 whereof the said R. F. did then receive in such his obsti- nate and unlawful defence, and before he could be taken and apprehended, divers mortal wounds and bruises, of which said mortal wounds and bruises the said R. F. did languish, and languishing did live ; and that after the said R. P. was so wounded and bru sed 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 which said day of in the year aforesaid, within the gaol aforesaid, the said R. F. of the mortal wouncfs and bruises aforesaid did die. And so the jurors aforesaid, upon their oath afore- said, do say that the said C. D., E. H. 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 [Jinish with attestation, as at page 22 9 J. f ¥ ; J i? CASUAL DEATH. No. 91. By a cart. Copy caption as at page 228,] that C. D. 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 laden 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 the ground by the foremost horse of the said three horses so 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 against the said R. F., and the off-wheel of the said cart so diown and laden as afore- said, did then there accidentally, casually and by mis- fortune violently ^o upon and pass over the breast and body of the said R. F., by means whereof the said R. F. from the weight and pressure of the said cart, so laden and drawn as aforesaiil, did then receive one mortal bruise in and upon his said breast and body, of which said mortal bruise the suid R. F. then instantly died : f M H , I 3 i i'- 1 ■ ' ^> L II 249 h his obsti- Id be taken bruises, of d R. F. did t after the Dresaid, he ed, and on committed nd of such 3 languish, of in I, the said resaid did oath afore- E. F., him said, in the ustifiably, ^station, as the tim public aforesaid, arses, and [1 that the len there d to the ce horses laden as violently F., and as afore- by mis- reast and aid R. F. so laden ! mortal if which ly 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. [finish with attestation as at page 220]. No. 92. By falling from a cart. Copi/ caption as at page 228,] that the said R. F., on the day of in the ye.ar aforesaid, being in company with certain boys to the jurors aforesaid un- known, and a scavenger's empty cart then standing on the top of a hill, they agreed together to get into the said empty cart, and afterwards to run and force the same down the said hill, and that in the forcing and running of the said cart down the said hill, and the said R. F. then being in the said cart, it so happened that accidentally, casually and by misfortune the said cart, by reason of the violence of its being forced down the said hill, overturned, and the said R. F. was then thrown out of the said cart to and upon the ground, under the head-board of the said cart, by means whereof the pulmonary vessels of him the said R. F. were then broken, and the said R. F. then also received divers mortal bruises in and upon the breast of him the said R. F., of which said mortal bruises, and also by the breaking of the pulmonary vessels aforesaid, 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 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 page 21*^]. K"o. 93. By falling from a conch box. Copy caption as nt page 22H] that the said R. F. on the day of in the year aforesaid, then driving two horses drawing a hackney coach, it so happened that the said R. F. then accidentally, casually and by 250 mLsfortune fell from the coacli-box belonging to the same coach, to and against the ground, and by means thereof the said R. F. did then receive one mortal con- cussion in and upon the brain of him the said II. F,, of which said mortal concussion 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 lan- guish and languishing did live ; on which said day of in t'xe year aforesaid, the said R. F. o*" -iie .uor- U\ conr^f4si< n aforesaid, did die. and so the jurors afi^vesultl, u c 1 their oath aloresaid, do say, that he the Si!- ! U v.. in ihe manner and by the means aforesaid, acci I'.'nUdjv, casually and by misfortune came to his death, and r. otherwise. In witness, &c. [finish with attestation as at page 229]. fii 'I • ^ ' If?;! No. 94. Bif ihe overturning of a chaise. Copy caption as at page 22.^1 that the said R. F. on the day of in the year aforesaid, then being in a certain chaise, driving a certain gelding then draw- ing the same, it so happened that the said R. F. was tlien 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 year aforesaid, until the day of in the same year, did languish and languip'n- ing did live ; on which said day of in !ho year aforesaid, 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 matmer and by the means aforesaid, accidentally, casu- ally, and by misfortune came to his death, and not otherwise. In witness, &c. [finish with attestation as at page 2201. i ng to the by means lortal con- 1 It. F., of '. from thu until the ir, did lan- l day ♦" Tiic >i»or- the jurors hat he the aforesaid, me to his finish with R. F. on hen being hen dravv- R. F. was nisfortuno lid chaise the said and upon K. F., of the said the languish- - in 'ho fracture lid, upon ^, in the ly, casu- and not lion as at 251 No. 95. Lrowncd by the overturn 'ng oj a boat. O py caption as at pa qe ^2^^ that the said R. F. on the day of i;. ihe year aforesaid, being ordered by one C. 1)., his master, to fasten the boat of the said C. J>. to her m' onngs or road in the river instead thereof did then pin the same to a pile, under one of tho lu'cties of and in the said boat the said R. F. did then lay himself down to sleep, and it so happened 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 accidc -illy, casually and by misfortune thrown out of the SHii b< .t into the said river and in the waters thei ;^of a as then suffocated and drowned, of which said sviii. atiun and drowning the said R. F. then instantly i<\: and so the jurors aforesaid, upon their oath af(>res U, do say, that the said R. F., in the manner ad by tho means aforesaid, came to his death, and not ! oiwise. In witness, &c. [finish with ihe attestation as at page 229]. No. 96. By the fright of a horse. Copy caption asaipage22^'\ that the said R. F., on the day of in the year aforesaid, then riding and galloping on a certain gelding, on a certain highway in the of in the county aforesaid, it so happened that the said gelding took fright at a certain cow which then suddenly appeared and crossed the said highway wherein the said R. F. was then riding the said gelding, and that the said gelding fell over the said cow, and ac- cidentally, casually and by misfortune then fhing the said R, F. with great violence to and against the ground there, by means whereof the said R, F. then received one mortal fracture on the u[)por jiart of the head of him the said R. F., of which said mortal fracture the said R. F, then instantly died : and so the jurors aforesaid, upon their oath aforesaid, do say, that the said R. F., 252 in manner and by the means aforesaid, accidentally, casually and by misfortune oamu to his death, and not otherwise. In witness, &c. [Juiinh wUk ailestatiun as at pa>/e22'J]. No. 97. JJj/ the kick of a horse. Copy caption as at page 228] that the said R. F. on the day of in the year aforesaid, was riding upon a certain horse of J. K., Esquire, and the said K. 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 feet, 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 languishing did live, from the said day of in the year aforesaid, until the day of in the 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 R. F., in manner and form aforesaid, and not otherwise, came to his death. In witness, &c. [Jinish with attedation as at yaye 229]. No. 98. By falling into an area. Copy caption as at page 228] that the said R. F., on the day of in the 3'^ ear aforesaid, being at work in a certain yard belonging to a house in the township of in the county aforesaid, at the height of one story from the area of a cellar thereto belonging, and the said R. F. then stepping upon a stone then hanging over the brickwork of the said house, it so happened that the said stone accidentally, casually and by misfor- tune gave way and fell to the ground ; by means whero^ of the said R. F. did then accidentally, casually and by misfortune fall from the said yard upon the stone i)ave- ment of the said area, and by means thereof did then receive by the fall aforesaid one mortal bruise and contu- cidcntally, li, and not atioH as at R. F, on was riding the said li. lally fell to ck the said r then gave R. F. one nguish and xy of — - in the in the tal wound upon their in manner ime to his atioii as at 253 sion on the crown of his head, of which said mortal bruise and contusion 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 ami V)y misfortune, camo to his death, and not otherwise. In witness, &c. [finish with alteatation^ as at page 22 DJ. No. 99. By falling from the leads of a house. Copy caption as at page 22 8 J 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. 1>., situate in the townsliip 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, accidentally, casually and by misfortune, camo to his death, and not otherwise. In witness, &c. [fnish with attestation, as at page 229j. R. F., on ng at work township ht of one nging, and n hanging happened :)y misfor- ins wher(y ly and by one pave- did then md contu- No. 100. By falling from a hay-loft, being in liquor. Copy caption as at page 228] that the said R. F., on the day of in the year aforesaid, being in a certain hay -loft, in the stable yard of J. B., situate in the township of , in the county aforesaid,^ and then being greatly intoxicated and in liquor, it so happened that, accidentally, casually, and by misfortune, tlie said R. F. fell out of the said hay-loft to and against the ground there (which said ground was then paved with bricks) ; by means of which said fall the said R. F. then received a violei\t concussion ot the brain ; of which said violent concussion the said R. F. from the said ■ 254 day of in tlic year aforesaid, until the day of the same month, in the same year, did lanpjuish, and hmguishinR did live; on which said day of in the year aforesaid, the said R. F., of the violent concus- sion aforesaid, did die. And so the jurors aforesaid, u|)oii their oath aforesaid, do say that the said 11. F. in manner and l>y the means aforesaid, accidentally, casu- ally and l>y misfortune came to his death, and not other- wise. In witness, &c. [Jinish with atkatation as at pa if I No. 109. Bj/ being sujfocated. Copjf caption as at page 228] that the said R. F. on the day of in tlie year aforesaid, being intoxicated with iMjuor, and laying himself down to sleep near unto a certain tile kiln then burning in a certain field, com- monly called the brick field, situate at the of in the county aforesaid, it so happened that accidentally casually and by misfortune the said R. F., by the smoko and sulphurous smell arising from the fire in the said tile kiln, was there and then choked, suffocated and stifled, of which said choking, suffocation and stifiing the said R. F. then instantly died : and so the jurors aforesaid, upon their oath aforesaid, do say that the said H. F., in manner and by the means aforesaid, accident- ally, casually and by misfortune came to his death, and not otherwise. In witness, &c. [finish with attestation as at page 221>], No. 110. By the fall of a home. Copy caption as at page 228] that the said R. F. then being a lodger in a certain decayed building, situate at the of in the county aforesaid, it happened that on the day of in the year aforesaid, the said building in which the said R. F. then was, acci- dentally, casually and by misfortune sunk and fell in, by means whereof the said R. F. was then under the ruin and materials thereof, sulfocaled and smothered, of 259 Tie arising suffocated irning the rors afore- t the said , accident- ieath, and liiestaiion, which said suffocation and smothering the said R. P. then instantly died: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said R. F., in the manner and by the means aforesaid, accidenUilly, casu- ally and by misfortune, came to his death, and not otherwise. In witness, &c. [Jinis/t with attestaimi as at yage 229]. ,. F, on the ntoxicated near unto Seld, corn- — of incidentally the smoko n the said cated and [id stilling he jurors t the said I, accident- [leath, and ttestation No. 111. Suffocated in the mud. Copy caption as at page 228] that the said R. F. on the day of in the year aforesaid, being on board a certain ship or vessel, called the Fortune, of Leith, then lying at her moorings near the Hermitage, in the river Thames, in the of in the county aforesaid, it so happened that the said R. F. accidentally casually and by misfortune fell from the side of the .said ship or vessel into the mud or soil then being in the said river, by means whereof the said R. F. in the mud or soil of the said river was then suffocated and smothered, of which said suffocation and smothering the said R. F. then instantly died: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said R. F., in man- ner and b}' the means aforesaid, accidentally, casually and by misfortune came to his death, and not otherwise. In witness, &c. [finish with attestation as at page 22UJ. F. then Isituate at (happened 3said, the •as, acci- kl fell in, Inder the thered, of No. 112. ]Bg being shut up in a iurn-np bed. Copy caption as at page 228] that the said R. F. on the day of in the year aforesaid, being laid to sleep in a certain turn-up bed, then being in the room of the dwelling-house of one G. F,, the father of the said R. F., it so happened that one B. M., the servant of the said G. F., not knowing that the said R. F. was then lying in the said bed, accidentally, casually and by mis- fortune then innocently turned up the said bed in which the said R. F. was so laid as aforesaid, by means whereof the said R. F. in the clothes of the said bed was then 2G0 suffocated and smothered, of which said suffocation and smothering the said 11. F. then instantly died : and so the jurors aforesaid, upon their oath aforesaid, do say, that the s.aid II. F., in manner ana by the means afore- said, accidentally, casually and by misfortune came to his death, and not otherwise. In witness, &c. [finish iv'dh altestation as at page 221)]. — ♦- ;h !'!' ** J; 1 ; W' No. 113. Of a child hy sudden deliv^y. Copy caption as at page 228] that C. D., the mother of the said new-born male child, on the day of in the year aforesaid, the said male child did bring forth of her body alive suddenly and by surprise, and that the said new-born male child then died soon after its birth, in a natural way, and not from any violence, hurt or injury received from the said C. D., its mother, or any other person, to the knowledge of the said jurors ; nor had the said new-born male child any marks of violence appearing on his body. In witness, &c. [Jinish with attestation as at page 22 U]. M; m \m m ■•( si I i! f Yi No. :i4. By a difficult birth and hard labor. Copy caption as at page 228] 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 labor, 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, difiicult birth and h.ard labor aforesaid, did languish and languishing did live ; on which said &xy of in the year aforesaid, the said R. F. of ti?c >vcakncss and disorder aforesaid, occasioned by the hard labor and difficult birth aforesaid, did die : and so the jurors aforesaid, upon their oath aforesaid, do say ■lib I '■ ;ation and 1 : and so d, do say, lans afore- c came to c. [finish mother of of in ng forth of lat the said birth, in a t or injury any other lor had the i appearing Icstation as R. F. on I being big 'it, on the jring pain forth the . F,, from I, until the jar, of the liolent and aforesaid, hich said Id R. F. of led by the le : and so lid, do say 2G1 that the said R. F. in manner and by the means afore- said, came to her death, and not otherwise. In witness, &c. [ finish with attestation as at page 22'J |. No. 115. S)till horn. Copy caption as at page 228] that the said new-born female child was still-born. In witness, &c. [finish icith attestation as at 2>a>je 221)1. No. 116. Starved. Copy caption as at page 228] 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 mean.s whatsoever, to the knowledge of the said jurors, did die : In witness, &c. [finish with attestation as at page 221).] No. 117. Another form. Copy caption as at page 228] that the said man, to the jurors aforesaid unknown, on the day , in the year aforesaid, was found dead in a ditch, in a certain lane, situate at the of , in the county afo said, and that the said man to the jurors aforesaid un! own, had no marks of violence appearing on his bor , but through want and the inclemency of the weather nd by no violent ways or means whatsoever, to the knu.vledgc of the said jurors, did then die. In witness, &< finish ID ith attestation as at page 229]. No. 118. Natural death. Copy caption as at page 228] that the said R. F., on the day of in the year aforesaid, and lor a long time before, did la))our and languish under a grievous 202 Vi, disease of the body, to wit, an asthma, and on the said day of in the year aforesaid, the said K. F., by the visitation of God, in a natural way, of the disease and distemper aforesaid, and not by any violent means whatsoever, to the knowledge of the said jurors, did die. In witness, &c. [Jtnisk with, attestation^ as at page 229]. No. IIU. Found dead, *■ Copj/ caption as at page 228] that the said R. F., on the — — day of in the year aforesaid, in a certain lieid, situate at the of in the county aforesaid, was found dead ; and that the said R. F. had no marks of violence appearing on his body, but, by the visitation 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. YJinish with, attestation, as at page 229J. No. 120. Found dead ; cause of death unknown. Copy caption as at page 228] that the said man, to the jurors aforesaid unknown, on the day of in the year aforesaid, in a certain wood called situate at the of in the county aforesaid, was found dead ; and that the said man, to the jurors aforesaid unknown, had no marks of violence appearing on his body ; but how or by what means he came to his death, no evidence thereof doth appear to the said jurors. In witness, &c. \^Jinish with attestation, as at page 229]. til' 't»^ i No. 121. Sudden death by fits. Copy caption as at page 228] that the said R. F., on the day of in the year aforesaid, being a per- son lial>le and subject to violent tits, was, for the benefit of his health, gently riding on a certain gelding, in the Queen's common highway, called in the of I the said lid U. F., 10 disease snt means s, did die. }age 229]. R. F., on I a certain aforesaid, no marks visitation 2nt means •s, did die. jage 229J. an, to the — in — situate as found aforesaid g; on his lis death, rors. In 229]. IR. F., on 1? a per- benefit r- in the of 203 in the county aforesaid ; and being so ridinp as aforesaid, it so happcnc*! that the said It. F. was then sudderdy seized with a fit, and by reason of the violeiice thereof the said R. F. thet\ 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, «fcc. [finish with attesta- tion, as at paye 229]. No. 122. I>y excessive drinking. Copij enption as at page 228] 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 k"iOW«^dge of the said jurors, did die. In witness, &c. [/.n/VA with attes- tation as at page 229J. No. 123. Death in Prison. Copy caption as at page 228] that the said R. F. being a prisoner in the prison aforessiid, on the 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. [Jinish with attestation as at page 229]. No. 124. Killed hy explosion of boiler of steam engine. Copy caption as at page 228] that on the day of in 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 204 m happened that accidentally, casnally ftnd hy mirfortnnc a certain ])oiler containiiip; water, and then forming]; part of a certain steam engine in and 0!i board of the said steamboat and attached thereto, and which said boiler was 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 burn-ng cinders and coals forming part of the said fire, accidentall}'-, casually and by misfortune 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 K. 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 11. F. then instantly died: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said U. F. in manner and by the means aforesaid, acci- dentally, casually and by misfortune came to his death, and not otherwise. In witness, &c. [Jinish with attes- tation as at 2>af/e 220J. \l pi, : i' ^ !(^- No. 126. Killed hy collision on a railway. Copy caption as at page 228] 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 fastened together and to the said tender, and were then propelled by the said locomotive steam-engine, were moving and travelling along the said railway to- wards the town of . And the jurors aforesaid, upon their oaths aforesaid, do further say that whilst and 11.: i 2G5 (lirfortuno inirif; part f the sjiid aid boiler if the said ; the said heated hy aid steam (loded, by 2;allons of len being 5 quantity and coals ually and n and out force and jckof him 1 received ■tal burns scalds, he he jurors L that the said, acci- lis death, Ith attes- — day of ve steam- attached divers, to assengers Railway, attached and were Ti-engine, ihvay to- aid, upon lilst and during' the timo the said locomotive ateam-cngino, tender and carriages were so moving and travelling along tho said railway as aforesaid, a certain other locomotive steam-engine, numbered , with a certain other ten- der attached thereto and worked therewith, and also with divers, to wit, five other carriages, used for the con- vej'ance of passengers for hire, on the said railway, and which said last mentioned carriages respectively, wero then attached and fastened together and to the said last mentioned tender, and Mere then propelled by the said last mentioned locomotive steam-engine, and in one of wliich said last mentioned carriages the said K. F. was then a passenger, and was then riding and being carried and conveyed therein, were then also moving and travel- ling along the said railway in a direction from the said town of , and towards the said first-mentioned loco- motive steam-engine, tender and carriages; and that the said first mentioned locomotive steam-engine, tender -md carriages, and the said secondly mentioned locomotive steam engine, tender and carriages being then so respec- tively moving and travelling upon the said railway in different and opposite directions as aforesaid, then acci- dentally, casually and by misfortune, came into sudden, violent and forcible contact and collision ; by means whereof the said R. F. then received divers mortal wounds, !)ruises and concussions ; of which said mortal wounds, bruises and concussions he the said R. F. then instantly died. And so the Jurors aforesaid, upon their oaths aforesaid, do say that the said R. F., in manner and l)y the means aforesaid, accidentally, casually and by misfortune, came to his death, and not otherwise. In witness, &c. [jinish with attestation^ as at pago 22l)j. No. 126. The caption or incipitur of a fire Inquisition. I Province of Canada, County of to wit: An inquisition indented, taken r for our Sovereign Lady tho ) Queen, at the house of A. ]>., known by the sign of , situate in the of , in the county of , on the day of , in tho AA V? 2C6 « 'lii ^ year of the reign of our Sovereign La'ly Victoria (1) ; before C. D., £sfjuire, one of the coroners of our said Lady the Queen for the mid coini(y^ to inquire into the cause or origin of a certain fire which occurred in the said of , 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 g» the case may be), whereby the house (or other huilding) of A. B., &c., situate upon lot number , on the side of street, in the said , {or upon lot num- ber , in the concession of the township of , in the said county of as the case may he), was wholly {or in part) consumed, upon the oath {or oath and affirmation) of {naming all the jurors sworn), good and lawful men of the said , duly chosen from among the householders resident in the vicinity of the said fire, and who being then and there duly sworn and charged to inquire for our said Lady the Queen, into the cause or origin of said fire, and whether it was kin- dled by design, or was the result of negligence or acci- dent, do upon their oaths say, That, &c., {then follows the verdict or finding of the jury, and after that the attestation or closing part of the inquisition^ see Form Ko. 60, page 229. (1) See note, page 218. I'll ^ f , I i M li -I 1^ I... I I III toria (1); our sjiid 1 into the d in tho ) reign of 2 hour of jrnoon as 'niil(ling) the lot num- nship of / he), was (or oath s sicorn)^ )sen from ty of the worn and leen, into was kin- !e or acci- n follows that the see Form INDEX. A. ABATKMENT, picas in, 171. ABETTORS, AND AIDERS, definition of, 89. ACCESSORY, inquisitions agninet, 237. 238. may be charged in same inquisition as principal, 171. before the fact, 39. can be none to manslaughter, 41. cannot be guilty of higher crime than principal, 41. and principal, 88. ACCIDENTALIA DEMENTIA, definition of, 35. ACCIDENTS, deaths from, 63, 68. ACCOMPLICE. evidence of, 116. ACCOUNTS, how to be rendered, 176. ACONITUM NAP ELL US, symptoms of, 92. ACQUIRED MADNESS, definition of, 36. ACTION, liability of Coroner to, 129. ADDITION, the, m. IMAGE EVALUATSON TEST TARGET (MT-3) // /^ .5^^, V. 1.0 I.I UiU2^ |2.5 |5o *^™ UHH I IS IIS ^ lis ilio 1.8 1.25 |U 16 < 6" — -►

/^ '^ / Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 % ^ Il 268 >;^' m W 11 1 ' '■ ADJOURNMENT, of inquiry, 186, 145. ADVENTITIOUS INSANITY, definition of, 85. JETIIUSA CYNAPWM, Bymptoms of, 02. AFFECT ATA DEMENTIA, definition of, 86. AFFIRMATION, of witnesses, 134. AGED PERSONS, death of, from want or neglect, 56. AIDERS AND ABETTORS, definition of, 39. inquisitions against, 237, 238. ALCALIES, symptoms of, 81. ALCOHOL, symptoms of, 89. ALFRED, coroners were known in time of, 2. ALIENS, may not be killed, 48. enemy may be killed in time of war, 48. AMENDING, inquisitions and taking new ones, 181. AMMONIA, symptoms of, 82. ANALYSIS, who should perform, 152. time required to perform, 162. cost of, 162, 176. ANATOMY, inspector of, 148. ANTIMONY, symptoms of, 86. ANTIQUITY, of office of Coroner, 1. 269 APOTHECARIES AND CHEMISTS, how liable, 66. APPEAL. of felony, 21. APPOINTMENT, of Coroners, 3. APPRENTICE, death of, from want or neglect, 56. how bound over to give evidence, 180. ARRAIGNMENT, of prisoner on inquisition, 185. ARREST, Coroner's p lege from, 27. ARSENIC, symptoms of, 82. ASSAULT, provocation by, 71. ASSOCIATE, Coroners, 4. ATHEISTS, incompetent to give evidence, 114. ATHELSTAN, charter of, 2. ATTACHMENT, of Coroners, 20. writ of, should be personally delivered, 20. ATTESTATION, the, 17i. form of, 229. AUTHORITY, of Coroners, 6. BAIL, of 180. notice of, 1C2, 181. B. 'II 270 BARRISTERS, right of, to attend inquests, 186. BASTARD, death of, by ezposare, 67. and see under Imfantioidb. BEARING, and conduct of parties z^t inquests, 146. BEAVER POISON, symptoms of, 91. BEVERLY, charter to, 2. BLOOD, tests of, 106. BOARD OF REGISTRATION AND STATISTICS, returns to be made to, 16. BODY, power of Coroner to take up, 128. disposal of, 148. BOUNDARIES, felonies committed near, 24. BOXING, deaths from, 61, 71. BRUISES, remarks on, 93. BURIAL, of felo de ae, 46. of body, when proper,448. expenses, of, how paid, 177. ,4 '' C. CANTHARIDES, symptoms of, 87. CAPABILITY, of committing crimes, 33. CAPTAIN, of vessels, when liable, 65. 271 CAPTION, of inquiBitions, 165. forms of, 228, 266. CARELESS DRIVING, deaths from, 52. CASUAL DEATH, definitioQ of, 110. CAUTION, to prisoner before receiving his statement, 122. CAUTIONS, regarding oases of infanticide, 66. CERTIORARI, to executors of Coroner to certify record, 168. form of, 225. CHARACTER, evidence of good, admissible, 123. of wounds inflicted during life, 94. made after death, 95. CHEMISTS, how liable, 66. fees, 192. CHILDREN, death of, from want or neglect, 66. their subjection to parents, 36. their capability to give evidence, 111. CHLORIDE, of mercy, symptoms of, 83. of lime, cautions regarding use of, 161. CICUTA MACULATA, symptoms of, 91. CLEANLINESS, necessity of, in performing post morttm, 160. CLERKS OF THE PEACE, should furnish lists of constables to Coroners, 28. CO-CORONERS, liability of Coroners for acts of, 32. COERCION, in committing crimes, 36. cfrcr S I -J il'i ill m it ■i COLCniCUM, Bymptoms of, 87. COMBINATION, general, to resist all opposers, 52. COMMITMENT, of witness, 133. form of, 210, 211, 221. for obstructing proceedings, 1G4. of accused, 224. COMPETENT SKILL, deaths from want of, 52. CONCEALMENT, of birth, no presumptiye evidence, 69. should not be found, 66. CONDUCT, of parties in attendance at inquests, 145> CONFEDERATES, evidence of, 115. CONIUM MACULATUMr symptoms of, 92. CONSENT, of party killed, no excuse, 50. CONSERVATORS OF THE PEACE, Coroners are, 6. CONSTABLES, list of, to be furnished to Coroners, 28. accounts of, how rendered, 178. fees of, 193. CONTINUING, and adjourning the inquest, 145. CONTUSED WOUNDS, remarks on, 98. CONVICTS, disposal of bodies of, 149. COPPER, Bymptoms of, 85. 273 CORONERS, Beveral may take inquest, 12. their rights, 25. their jurisdiction, 22. are conservators of the peace, 6^ authority of, 6. duty of, 6. their remedy for fees, 20. liability of, 29. removal of, 32. misconduct of, 29. SheriflF cannot be, 32. their court, 126. when and where holden, 127. who may attend, 128. the jury, and how summoned, 129. the witnesses, and how summoned, 133. counsel at, 136. opening of, 136. viewing the body, 138. continuing and adjourning, 145. the medical testimony at, 151. the depositions, 162. obstructions, how punished, 164. the inquisition of, 165. publication of proceedings at, 175. defraying expenses of, 175. a court of record, 129, note. CORRECTION, by parents and others, 48. killing by, 62, 73. CORROSIVE SUBLIMATE, symptoms of, 83. COUNSEL, at inquests, 136. CRIMES, which come under notice of Coroners, 43, capability of committing, 33. CROSS-EXAMINATION, of witnesses, 123, 147. 274 m M D. DATURA STRAMONIUM, symptoms of, 92. DEAF AND DUMB, their accountability, 85. DECLARATIONS, dying, when admissible, 120. J)E CORONATORE EXONERANDO, writ of, 82. DEFECT, of will and understanding, 33. DEFRAYING EXPENSES, of inquests, 176. DEMENTIA AFFECT AT A, definition of, 86. DEMENTIA ACCIDENTALI8, definition of, 86. DEMENTIA NATURALIS, definition of, 34. DEODANDS, obsolete, 110. DEPOSITIONS, should be certified by Coroner, 135. return of, 162. when taken, in absence of accused, effect of, 163. when eyidenoe, 164. DEPUTY, power of Coroners to appoint a, 6. DESCRIPTION, of the crime, 172. DETAINER, warrant of, 224. DIRECTION, of a ball, how determined, 104. DOCUMENTS, proof of, 124. 275 DRIVING, deaths from careless or furious, 62, 64. DROPPING, iafants, 67. DRUNKENNESS, voluntary, 36. DUELLING, deaths from, 61. DUTF, of Coroners generally, 6. as conserTators of the peace, 6. in inquests of death, 7. to inquire into origin of fires, 12. to return inquisitions, 15. to execute process, 16. other duties, 21. DYING DECLARATIONS, when admissible as evidence, 120. E. ECCHYMOSIS, liability to mistake, 96. ELISORS, appointment of, 20. ENEMIES, killing of, 48. ERSKINE, his speech in defence of Hadfield, 36 note. EVIDENCE, competency of, 112. primary, 116. presumptive, 117. matters of opinion, 118. matters of privilege, 118. hearsay, 119. relevancy of, 122. EXAMINATIONS. Sbb undbe Depositioks. 270 EXCUSABLE HOMICIDE, remarks on, 72. EXECUTION, of criminals, murder by, 76. EXECUTORS, of deceased Coroner to certify record, 103. EXPENSES, defraying of, 175. EXPOSURE, deaths from, 5G, 05. ■ m •J F. FEES, schedule of, 186. FELO DE SE, of, 43. burial of, 45. forfeiture of, 46. FELONY, killing to prevent, 72. FEME COVERT, crimes by, 30. evidence of, against husband, 115. FIGHTING, WRESTLING AND BOXING, deaths from, 51, 71, 74. FINING, jurors, 132. FIRES, inquiries into origin of, 12. jury on inquiries into, 130. FLIGHT AND FORFEITURE, of. 111. FOOD, deaths from want of, 56. in stomach of infant, proves live birth, 62. FOOT-PRINTS, comparison of, 141. 277 FOREIQNEKS, cxaminatioQ of, 135. FORFEITURE, of, 111. FORGERY, Coroners guilty of, 31. FORMS, list of, 195. FRACTURES, of skull in infanticide, 68. FURIOUS DRIVING, deaths from, 52. 0. GAOLER, duty of, when a death occurs in his prison, 11. killing prisoner by duress, 67. GOOD CHARACTER, evidence of, 123. GREENWOOD, case of, 143. n. n ABE AS CORPUS, form of, 226. HAD FIELD, Erskine's speech in defence of, 35 note. HANDWRITING, proof of, 123. HANGING, various positions in cases of death by, M2. HEALTH, statements regarding, when evidence, 122. HEARSAY EVIDENCE, admissibility of, 119. 278 u HOMICIDE, upon proTOcatioD, 72. excusable, 72. by misadveDture, 72. in tel/-de/ence, 72. per infortunium, 73. te et $ua de/endendo, 74. justifiable, 75. in execution of law, 75. in advancement of public juMtioe, 76. in defence of property, 75, 77. HUSBAND, subjection of wife to, 36. death of wife from neglect of, 57. evidence of, against wife, 115. coercing wife, 86. HYDROCHLORIC ACID, symptoms of, 80. HYDROSTATIC TEST, mode of performing, 105. value of, 62, 63. I. IDENTITY, of vomited matter, should be preserved, 161. IDIOTS, t.heir responsibility for actions, 86. not capable of giving evidence, 113. as to being, a question for jury, 85. IGNORANCE, no excuse for crime, 87. INCAUTIOUS NEGLECT, deaths from, 58. INDEPENDENT CIRCULATION, in infants, 62. INDICTMENT, for not taking an inquest, 201. INFANTICIDE, definition of, 59. legal points regarding, 65. 279 INFANTICIDE— fon/inM«(/. by exposurn, 65. ifheD is a child born, 60. respirotion beet tost of lire birth, 61, cautions regarding, GG. eridence in, 68. examination of suspected mother in cases of, 68. concealment of birth is no presumptive evidence of, CO. INFANTS, when admissable as witnesses, 114, their capability of committing crimes, 83. deaths of, from exposure or want, 66, 67. INFIDELS, are not admiss&ble as witnesses, 114. INFIRM PERSONS, death of, from want or neglect, 56. INFORMATIONS, form of heading to, 213. form of Coroner's certificate to, 213. and see under Dspositions. INFORTUNIUM, homicide ^er, 73. INQUESTS, when to be held, 7. restricted to cause of death, r.nd acoessories before the fact, 11. adjourning, 145. INQUISITIONS, to be returned, 16. of, 165. the various parts of, 1G6. list of, 197. INSANITY, adventitious, 35. excuses crimes, 34. INSPECTOR, of anatomy, 148. INTENTION, killing without, 62. 280 INTERPRETER, examination of foreigners by an, 135. form of oath of, 212. INTOXICATION, no excuse for crime, 36. the insanity from, 30. IRON, symptoms of poisoning by, 87. IRRITANT, poisons, IS, 79. >IV. S^i JEOFAILS, statute of, criminal prosecutions are not witliin, 181. JUDICIAL POWERS, of Coroners, 6. JUNIOR COUNTY, Coroners for, 4. JURISDICTION, general, of Coroners, 22. particular, of Coroners, 22. near boundaries of counties, 24. in arms of the sea, 24. in great rivers, 24. in ships in harbour, 24. upon high seas, 24. between high and low water-mark, 24. supreme, of Coroners, 24. JURORS, Coronors are exempt from serving as, 27. fining, 132. not entitled to fees, 192. how summoned, 129, 131. upon fire inquests, 130. persons exempt from serving as, 130. , number of, on inquests, 131. must not return a verdict from their own knowledge, 150. JUSTICES, of the Peace, Coroners cannot be, 3, 30. JUSTIFIABLE, homicide, 75. )t within, 18], 7. knowledge, 160. L^sl. L. LAUDANUM, symptoms of, 88. LAWFUL SPORTS, deaths from, 72. LEADING QUESTIONS, ■when they can be asked, 123. LIABILITY, of Coroners, 29. LIQUORS, spirituous, deaths from, 5G, G5. LUNATIC ASYLUM, persons dying in Provincial, 148, LUNATICS, when inquests are to be held upon, 7, 10. their responsibility for crimes, 34. their capacity to give evidence, 114. M. MACHINERY, accidents from, 68. MADMEN, their capability of committing crimes, 34. their competency to give evidence, 114. MAGISTRATES, cannot be Coroners, 3, 30. MAI HEM, appeal of, 21. MALA PRAXIS, of Physicians, 49, 65. of Coroners, 29. MALICE. See Murder. MAX DAM US, writ of, 20. BB !l H 282 MANSLAUGHTER, no accessory before the fact to, 41. definition of, 70. practical remarks upon, 70. inquisitions in, 243. MARKS, on the body and clothing, 143. MARRIED WOMEM, their subjection to their husbands, 36. MASTERS, subjection of servants to, 86. MEANS OF DEATH, not material in murder, 48. MEDICAL, practitioners and surgeons, how liable, 49, 65. yrho qualified as, 152. testimony, 151. witness, fees of, 192. order for, 218. MELl US IXQ UlR END UM, award of, 182, 183. MENONISTS, afBrmatlon of, 134. MILEAGE, proof of, 177, 192, note 3. MINISTERIAL POWERS, of Coroners, 6. MINOR, how bound over to give evidence, &c., 180. MISADVENTURE, homicide by, 72, 73. MISCONDUCT, of Coroners, 29. or jury, a reason for quashing the inquisition, 184. of physician or surgeon, 49, 56. MISDEMEANOR, killing one accused of, 47, 76. 283 MISFORTUNE, may excuse crime, 37. MISNOMER, of deceased, 1G8. of party accused, 170. MONSTROSITIES, destruction of, illegal, C4. MORAVIANS, affirmation of, 134. MURDER, definition of, 46. of self, 43. means of death not material in, 48. death must happen within a year and a day 49. in, there must be malice, 60. ' upon provocation, 50. in mutual combat, 61. in duelling, 51. by correction, 62. inquisition in, 243. MUSQUASH ROOT, symptoms of, 91. N. NATURAL IS, DEMENTIA, remarks on, 35. NAVEL-STRING, See Umbilical Cord. NAVIGATING RIVERS, accidents from, 65. NECESSARIES, deaths from want of, 66. NEGLIGENCE, deaths from, 52. NEUROTIC POISONS, remarks on, 79. NEW INQUIRY, of taking a, 182. 2S4 NITRIC ACID, symptoL^j uf, 80. NON COMPOS MENTIS, persona who are, 34. NOTES, taking of, at post mortem, 169. 0. OATH, of allegiance, 200. of office, 200. of jurymen, 206. of foreman, 206. on the voir dire, 209. of interpreter, 212. of witnesses, 212. of officer in charge of jury, 217. of mileage, 228. OBSTRUCTIONS, how punished, 104. ODOR, on opening body, to be noticed, 100. OFFENDERS, of, 33. OFFICERS, of justice, resistance to, 58. OMISSION, of duty, deaths from, 53, 50. OMNIBUSSES, deaths from racing, 54. OrENING, the court, 130. OPINION, matters of, 118. OPIUM, symptoms of, 88. 285 ORIGIN, of office of Coroner, 1. of fires, duty of Coroners regarding, 12. OUTLAWRY, judgment of, 21. OUTLAWS, may not be killed, 48. OXALIC ACID, symptoms of, 80. P. PACKING, the viscera, 101. PARENTS, subjection of children to, 30. PARTY, jury, 130. charged, 170. PENITENTIARY, inquests on convicts dying in the, 10. PHOSPHORUS, symptoms of, 81. PHYSICIANS and surgeons, killing patients, 49, 65. PLACE, where the body is found, 140. allegation of, 171. PLEADING, to inquisitions, 185. POISONING, deaths from, 58, 73. post mortem, in cases of, 169. POISONS, classification of, 78. irritant, 78, 79. neurotic, 79, 88. sulphuric acid, 79. 28G "1 VOISO^S— continued. nitric acid, 80. hydrochloric acid, 80. oxalic acid, 80. phosphorous, 81. alcalies, 81. ammonia, 82. arsenic, 82. chloride of mercury, 83. corrosive sublimate, 83. salts of lead, 84. copper, 85. antimony, 86. zinc, 87. iron, 87. vegitable and animal irritants, 87. savin, 87. colchicum, 87. cantharides, 87. opium, 88. laudanum, 88. prussic acid, 89. alcohol, 89. tobacco, 90. spinal, 90. strychnine, 90. cicuta maculata, 91. conium maculatum, 92. ecthusa cynapium, 92. F*um lineare, 92. aconitum napellus, 92. datura stramonium, 92. POPULAR, reputation, when evidence, 120. POSITION, of the body, 142. POSTAGE, payment of, by Coroners, 176. POST MORTEM, mode of performing, 156. PRECAUTIONS, deaths from neglect of ordinary, 53. 287 PRECEPT, to summon jury, 202. PREGNANT, women. See Infanticide. PREMEDITATION, drunkenness shews a want of, 36. PRESUMPTIVE, evidence, 117. in infanticide, 69. PRIMARY, evidence, 116. PRINCIPALS, and accessories, 38. in first degree, 38. in second degree, 39. PRISONER, death of, from want or neglect, C6, 67. statement of, when evidence against him, 121. caution to, before receiving his statement, 122. evidence of, 114. jury at inquests on body of, should be a party one, 130. PRIVILEGE, matters of, 118. PRIZE FIGHTING, deaths from, 61, 71. PROCEEDINGS, subsequent to inquest, 179. with reference to the trial, 179. PROCESS, Coroners are to execute, 16. PROOF, of handwriting, 123. of documents, 124. PROVINCIAL. asylum, persons dying in, 148. penitentiary, persons dying in, 10. PROVISIONAL, judicial districts, Coroners for, 4. 288 PROVOCATION, homicide upon, 72. TRUSSIC ACID, Byiuptoms of, 89. PUBLIC, duty, deaths from resistance to, 58. rigbts of, to attend inquests, 128. PUBLICATION, of proceedings, 175. PUTREFACTION, in utero, sign of dead birth, G2. Q. QUAKERS, affirmation of, 134. QUALIFICATION, of Coroners, 2. of jurors, 130. of medical men, 152. QUARTER SESSIONS, should not pass accounts for unnecessary inquests, 8. can only be compelled to audit, 2G. QUASHING, inquisitions, 183. QUEEN'S BENCH, judges of, Coroners virtutc oj/lcii, 3. QUESTIONS, leading, 123. R. RACING, deaths from, 52, 64. RAILWAYS, accidents upon, 58. RECOGNIZANCE, to prosecute, 218, of jurors upou adjournment, 214. to give evidence, 220. quests, 8. 28>1 EECORD, Coroner's conrtig a court of, 120, anJ note. REGISTRATION AND STATISTICS, returns to bo made to board of, 15- RELEVANCr, of evidence, 122. REMOVAL, of Coroners, 32. REPUTATION, popular, when evidence, 120. RESCUE, killing in the attempt to, 77. RESISTANCE, deaths from, to public duty, 58. RESPIRATION, best test of live birth, G2. absence of signs of, no proof of dead birth, 02. wilful prevention of, G5. RIGHTS, of Coroners, 25. to fees, 25. exemption from servinpj offices, 27. privilege from arrest, 27. RIOT, what constitutes a, 77, note. RIVERS, accidents from navigating, 55. ROYAL FISHES, inquiries of, 21. S. SALTS, of lead, symptoms of, 84, SAVIN, symptoms of, 87. SCHEDULE, of fees, 18G. CO 290 SEA, Coroner's jurisdiction upon ihe, 23, 21. high and low wuter-raark, 21. SECRET, conducting inquests in, 140. SELF-DEFENCE, hornicido iu, 72, 74. Self-murder, of /elo (le se, or, 43. SEPARATION, of counties, 4. SERVANTS, their subjection to their mnstera, 36. death of, from want or neglect, 56. SESSIONS, allowance of accounts at the, 9, 175. SHEaiFF, Coroners act as substitute for the, 16. judgment agai?iHt, how levied, 16. who forfeits office to execute process till successor is appointed, 16. when, dies process must be awarded to deputy, 16. process against deputy to be awarded to sherilf, 17. arrest of, by Coroner, 17. cannot bo Coroner, 32. SHOOTING, deaths from, at targets, 72. SlU.yf LINE ARE, symptoms of, 1)2. SKILL, deaths from want of competent, 52. SOVEREIGN, Coroners, 4. SPECIAL, jury, Coroners not to summon, 17^ SPINAL, poisons, 90. luccfissor IS SPIRITUOUS, lifiuors, tU'fitliH from, 50, (Jo. STAHS, remnrka on, 96. STARVATIOX, deaths from, G7. STATEMENT, of pritioner, yrhon evlflcnce against him, 121. caution to prisoner before hi«, ll!2. relating to health and Buttering, when evidence, 122. STATUTES, Coroners are not entitled to, 27. STEAMBOAT, accidents from, 68. STRANGULATION, of infants by umbilical cord, CG. STllUGGLINO, mortal wound, prevents, 101. STRYCHNINE, symptoms of, 90. SUBJECTION, persons in, to others, 30. SUFFERINGS, statement regarding, when evidence, 122. SUFFOCATION, deaths of infants by, GO. SULPHURIC ACID, symptoms of, 79. SUMMONS, forjurorf, 204. to witnesses, 207. SUNDAY, inquisition should not be taken on, 123. SUPER VISUM CORPORIS, inquests must be, 188. 2d'2 SURfJKONS, bow liable, 40, 55. fiURUOUNDINO, objects HJiould bo noticed, 1 II. SWOllD-PLAYINn, deaths from, 51. T. TAKING UP, bodies, power of Coroner, 127. TAUOKT, deaths from sliootiuc; at a, 72. TECHNICAL, words, 173. TENURK. of oflicc, 5. TIME, required for analysis, 1G2. allegation of, 171. TOBACCO, symptoms of, 90. TRAVERSING, of, inquisitions, 182. TREASURE-TROVES, inquiries of, 21. TUMOURS, of the head in children, 68. TUNKERS, allirmation of, 134. U. UMBILICAL CORD, point of insertion, no evidence of deptree of raaturitv. G4. ^' omission to tie the, GO. 2U3 UMRILirAL CORD-fonfinufd. twi.Hting of, routiil the neck, OfJ. ends of, should be examined, (\7. attempts to sever the, cause wounds, G8. UNAVOIDAHLE, necessity, killing from, 75. UNITFD IJRKTirUKN, aflirmution of, I'.ii. UNLAWFUL, sports, deaths from, 61. UNNECESSARY, inquests condemned, 8. accounts for should not be passed, 8. UTERINE AGE. of a child, (i-i. maturity, V. VENIRE, to amend inquisition, 227. VENUE, the, in inquisitions, 1G6. VERDICT, the, is equivalent to an indictment, 1G9. VIEW, VIRTUT£; OFFICn, Coroners, 4. VISCERA, observations on packing the, 161. VOIR DIRE, examination on the, 113 oath on the, 209. W. WANTON, conduct, deaths from, 62. 294 If I '■■ f ■) i III \n ' WARRANT, to constable to summon jury, 202, to gaoler to summon jury, 203. npainst witness for contempt, 208. to bury the body, 215. to bury a/elo de ge, 21.5. to take up a body, 222. to apprehend accused, 223. of commitment of accused, 224. of detainer to gaoler, 224 WILL, defect of, 33. WITNESS, how summoned, 133. fining for non-attendance, 133. manner of swearing, 134. should sign his depositions, 13i>. fees of, 192. oath of, 212. competency of. 112. the medical, 151. payment of, 192. order for payment of, 218. form of information of, 213. WIVES, death of, from want, 5G. how bound over to give evidence, 180. WOUNDS AND BRUISES, examination of, 93. characters of, inflicted during life, 94. made after death, 95. remarks on, 9G. contused, 98. gun shot, 102. WRECKS, inquiries of, 21. WRESTLING, deaths from, 51, 71. WRITING, proof of, 124. 205 WRITS, return of. by Coroners, 18. direction of, to Coroners, 18. ZINC, Bymptoms of, 87. Z. W. C. CHEWETT t CO., PKINTERS, KlJfO STREET, TORONTO. ill ADVERTISEMENTS. W. C. CHEWETT 8l CO., 17 & 19 KING STREET EAST, Booksellers, Stationers, Printers BOOKBIXDEUS AND LITlIOGUAPilKRS. JB^a?^ Special attention given to the importation of English Books: orders despiitclieJ by every Mail for Britain. Full supplies of Medical, Legal, Theologicol and Standard ^Miscellaneous Woiks. CORONERS' BLANKS. Recognizances %^ 100, $1 50 Summons to Jurors " 75 to Witness «' 75 Warrant to Constable «' 75 of Commitment '< 1 50 MAGISTRATES BLANKS. 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