The effect of the decree was an immediate cessation of the crime; possibly the same result might be produced by the dread of dissection.
[89]. Al sessions al Newgate post natalem dom. 1604, 2 Jac. Le case fuit que en home et se feme ayant longe temps vive incontinent ensemble, le homme ayant consume son substance et cressant en necessity, dit al feme que il fuit weary de son vie, et qu’il voiloit luy m occider, a que la feme dit que donques el voiloit auci moryer ove luy: per que le home praya la feme que el voiluit vaar et acheter ratisbane, et ils voilont ceo beber ensemble, le quel el fist, et el ceo mist en le drink, et ils bibe ceo, mes la feme apres prist sallet oyle, per que el vomit et fuit recover, mes le home morust: et le question fuit si ceo fuit murther en la feme. Montague recorder cause l’especial matter d’estre trove: quære le resolucion. F. Moore, 754.
[90]. Vide ante, tit. Coroner’s Inquest.
[91]. Decency and public policy require that burials should not be delayed, and it may not be amiss here to observe that the old notion of arresting a body for debt, is now utterly exploded, as contrary not only to the civil and canon law, (see Wood’s Civ. Law, 148; 2 Domat 628: Lindw. 278,) but to reason and the law of the land. Vide ante, Vol. 1. p. 100.
[92]. It is said that to act upon the mind by terror, continual griefs or vexations, though with the intent to kill, is not murder, unless there be some personal violence, 1 East. P. C., p. 225: but query this, the proof of the crime may be difficult, but its perpetration is far from impossible. To act on the mind of a pregnant woman by extreme terrors, and so produce abortion and death of malice prepense, would certainly be murder in its most atrocious form; it might require some ingenuity in framing the indictment; but our law is fertile in fictions on less worthy occasions, and ought not to allow its just vengeance to be avoided. In cases of murder by starvation there may be no actual violence, yet the law reaches this offence; sometimes indeed imprisonment forms a part of the crime, but this may not always be the case; for if the deceased were confined to his bed by disease, so that he could not seek his own food, and those who were bound to supply him maliciously neglected their duty, it would be murder by omission without any personal violence committed. See Self’s case, 1 East. P. C. 226: 1 Leach, C.C. 163, and authorities there. So in an indictment for starving a servant, Lawrence, J. intimated, that he thought the indictment insufficient, in not alleging that Elizabeth Williams was a girl of tender years, and under the dominion and controul of the defendant. Rex v. Eliz. Ridley, 2 Camp. R. 650. See also Regina v. Gould. Salk. 381.
[93]. “Such also was the case of the parish officers who shifted a child from parish to parish, till it died for want of care and sustinence.” 1 East. P. C. 226, and authorities there. Unfortunately this species of crime is not of very rare occurrence; numerous instances might be cited where the death of a pauper has been caused by the barbarous custom of removing the poor, without the slightest regard to their age, disease, or infirmity.
[94]. As we are not aware of the existence of any poisonous filth so noxious as to destroy by its mere stench, we shall not enlarge on this head; we have indeed heard of an attempt to kill by the smoke of burning Euphorbium, but without believing in its power. Vide ante tit. Nuisance, et post, Aerial poisons.
[95]. In this case it is not necessary that there should be any signs or even suspicion of violence; the bare fact that they died in gaol is enough.
[96]. One half of the jury should be of the prisoners, 1 East P. C. 383, for they are most likely to know if any unnecessary hardship had been inflicted on the deceased.
[97]. The learned Reporter does not appear to have adverted to the distinction between epidemic and contagious distempers. See vol. 1, p. 105.