[81]. It must be on the actual view of the body, the coroner and his party seeing it together. 2 Hale 60. 1 East. 380. King v. Ferrand. 2 Barn. & Ald. 260.
It was evidently the original intention of the Legislature, that the coroner should view the body on the spot where it was found; that he and his jury might judge as well by inspection of the body, as by an examination of surrounding objects, whether the deceased had died by violence. And Sir William Blackstone says, “He must also sit at the very place where the death happened,” 1 Com. 348. and this should certainly be done in all possible cases, for the state of surrounding objects most frequently will testify more strongly than any other evidence. Modern fastidiousness has introduced the custom of removing the body to some public-house, even where the death had happened in an ordinary dwelling; this if not illegal, is at least improper.
[82]. See also the proceedings on the Oldham inquest, and the subsequent judgment in the Court of King’s Bench. A.D. 1818, 1819. The King against Ferrand, 2 Barn & Ald. 260.
[83]. This was publicly disputed on a late occasion; it is well to question all extra-judicial dicta, which may be delivered during the heat of political controversy.
[84]. The evidence must be on oath; vide ante p. [167].
[85]. In Scorey’s case, Leach C. L. 50. the coroner refused to take the evidence of a man who had accompanied the accused in search of deer-stealers, and only admitted the man who was with the deceased. The coroner, on the testimony of this man, told the jury, that the crime was murder, but they refused to find any other verdict than Accidental death; which verdict the coroner recorded, and then by his warrant sent Scorey to the county goal for murder.
Scorey being now brought up by Habeas Corpus—The Court, on full affidavit of the fact, admitted him to bail, and granted a rule against the coroner to shew cause why an information should not be filed against him.
[86]. There are many cases in which there is no substance which can be made the subject of deodand; as in death by poison or by explosions in mines, either from inflammable gas, or the powder used in blasting. The first of these cases calls for immediate remedy; as the instances of fatal substitution of poison for medicine occur continually, notwithstanding the repeated warnings published on the subject. Nor are accidents in mines less worthy of attention; ordinary precaution might have prevented many which have lately taken place. The Safety lamp of Sir H. Davy is so firmly established in reputation, that no doubts can be entertained of its efficacy; some late inventions also have secured the miner from the numerous disasters to which he is liable in the dangerous operation of blasting. When the conductors of mines neglect these ordinary and well-known precautions, they become morally responsible for any mischief which may consequently occur; we have only to lament that they are not legally answerable for their criminal neglect.
[87]. With respect to a second inquest, the law is thus laid down (3 Barn. & Ald. 266.) So also he (the coroner) may dig up the body, if the first Inquisition be quashed. Str. 533. But it must be by order of the Court of King’s Bench, on motion, Str. 167. And the judges will exercise their discretion, according to the time and circumstances, whether he shall or shall not do it. Salk. 377. Str. 22. 533. 2 Mod. 16.
[88]. It is not for us in this place to argue the question whether excessive severity of punishment does or does not defeat its punishment; as more injury is done by inducing that illegal mercy which is here complained of, than benefit is derived by terror of the unexecuted sentence of the law: the subject is in abler hands; we shall, therefore, content ourselves with suggesting, that coroners should be far more strict in their examination of the bodies of persons supposed to be felo de se; nay, that anatomical inspection of the great cavities should be absolutely required in all cases. We will not maintain with a French author on Medical Jurisprudence, that the signs of insanity can often be discovered on dissection; though we can imagine some cases, as where there has been an excessive determination of blood to the brain, in which this inspection may be satisfactory; (See vol. 1, p. 327). Fourcroy and Durande have also found, on dissecting persons who had committed suicide, hardness of the liver, and gall stones; and Foderé observes that, in failure of other evidence, such appearances deserve to carry some weight. But benefit would still result from the practice; first from the general horror in which dissection is held, for if the dread of an ignominious burial, however remote the chance of its infliction, can be supposed to discourage this offence, under the existing law, the certainty of personal mutilation would operate in the proposed alteration. It is related, that when suicide had become so frequent among the Roman ladies, as to threaten ill effects to the commonwealth, the Senate decreed that the bodies of all who died by their own hands should be exposed naked in the public ways.