Dr. Male[[71]] states that it was tried on one Gordon, a butcher, who was executed at the Old Bailey in the early part of the last century; the body having hung the usual time, was removed to a neighbouring house, where a surgeon waited to receive it, and enforce every means calculated to restore animation: he opened his eyes, and sighed, but soon expired: the want of success was attributed to his great weight, but we apprehend that, if the statement be correct as to his opening his eyes and sighing, the failure must have depended upon want of skill in the operators. We have yet to notice those cases of spontaneous recovery which have taken place after execution, and which are too well authenticated to admit of doubt; upon this point we would observe, that such results by no means militate against the accuracy of the physiological views which have been already presented to our readers. Whenever such a recovery occurs, the strangulation has never been complete, and feeble motions of the heart have been preserved by imperfect and occasional respirations, during the interval of suspension; this may depend, in a great measure, upon the situation of the noose; if placed at the side of the neck, it would be pulled tight by the weight of the body; but if at the back of the neck, it would be far otherwise. John Smith, who was executed at Tyburn on the 24th of December 1705, was cut down in consequence of the arrival of a reprieve, nearly fifteen minutes after he had been turned off, but is said to have been recovered by venesection and other means[[72]]; Governor Wall was a long time in the act of dying, and it was subsequently discovered that this was owing to an ossified portion of the trachea resisting the pressure of the rope; but the most extraordinary instance of this kind, and one well authenticated, is that of Margaret Dickson, of Musselburgh, who was tried and convicted in Edinburgh in the year 1728, for the murder of her child; her conviction was accomplished by the evidence of a medical person, who deposed that the lungs of the child swam in water; there were, however, strong reasons to suspect the justness of the verdict, and the sequel of the story was well calculated to cherish a superstitious belief on the occasion. After execution, her body was cut down, and delivered to her friends for the rites of interment; it was accordingly placed in a coffin, and sent in a cart to be buried at her native place, but the weather being sultry, the persons who had the body in charge stopped to drink, at a village called Peppermill, about two miles from Edinburgh; while they were refreshing themselves, one of them perceived the lid of the coffin move, and uncovering it, the woman immediately sat up, and most of the spectators ran away with every sign of trepidation; a person, however, who was in the public house immediately bled her, and in about an hour she was put to bed, and by the following morning, was so far recovered as to be able to walk to her own house[[73]], after which she lived twenty-five years and had several children.[[74]]
OF THE CORONER’s INQUEST.
The office of Coroner (Coronator, from his duty in Pleas of the Crown, 2d Inst. 31. 4. Inst. 271) which is of great antiquity, was also of considerable dignity;[[75]] for the Coroner, together with the Sheriff, was to keep the peace of the county. He is to be elected by the full county, and for life (except in cases of misconduct, when he may be removed). The writ De Coronatore eligendo, F.N.B. 163, commands the Sheriff “quod talem eligi faciat, qui melius et sciat et velit et possit officio illi intendere”, and the 3 Edw. 1 c. 10. enacts, that none but lawful and discreet knights should be chosen. But now it is held sufficient if he have enough to be made a knight (1 Bl. Com. 347), which is but lands to the amount of £20 per annum, (I Edw. 1. Stat. de milit). But as the office is attended with many unpleasant duties, gentlemen, in these nicer times, have shrunk from its performance, and it has consequently fallen into disrepute; and too frequently into low and indigent hands. For though in great counties, and some populous places, it is held by very worthy and experienced men, yet in remoter parts it is to be feared that it is ill exercised; and at least, that the persons holding it have not the learning and practice necessary for its due execution. And this in all probability is an increasing evil; for an office once fallen into disrepute, and only propped by the addition of emoluments to be derived from fees (per job), generally becomes venal; and there is now too much reason to fear, that decency may be outraged by the ill-timed activity of some[[76]], as much as justice is defeated by the corruption and supineness of others, who have of late been chosen to this ancient and once honorable office. It is therefore to be wished that some legislative measure may correct or prevent this evil, by restricting the elections to persons duly qualified; and by appointing medical assessors or inspectors, who might usefully assist the Coroner in the discharge of his duties in cases of inquisition of death.
The statute De Officio Coronatoris, 4 Edw. 1 c. 2. directs the mode in which Inquisitions of Death shall be held. “The Coroner, when commanded by the King’s bailiffs, or by honest men of the county, shall go to the places where any be slain, or suddenly dead or wounded, and shall forthwith command four of the next towns[[77]], or five or six to appear before him, in such a place; and when they are come thither, the coroner upon the oath of them shall enquire if they know where the person was slain; whether it were in any house, field, bed, town, tavern, or company, and who were there. Likewise it is to be enquired who were culpable either of the act or of the force; and who were present, either men or women, of what age, if they can speak or have any discretion. And such as are found culpable by inquisition shall be taken and delivered to the sheriff, and committed to gaol; and such as be found, and be not culpable (i.e. the witnesses, and these the coroner shall bind over by recognizance to the next assizes,) shall be attached until the coming of the justices[[78]] and their names written in the coroner’s roll. If any be slain and the body found in the fields or woods; first, it is to be enquired whether he was slain in the same place or not;[[79]] and if it were brought and laid there, endeavour shall be made to follow their steps who brought the body thither; whether brought upon a horse or in a cart. Also it shall be inquired, whether the dead person were known or a stranger, and where he lay the night before. And if any be found culpable of the murder, the coroner shall immediately go into his house, and inquire what goods he has, &c. how much land, and the yearly value, and what corn on the ground, which shall be valued and delivered to the township, which shall be answerable before the justices for all; and the land shall remain in the king’s hands until the lords of the fee have made fine for it, &c.
“Also it is to be enquired of those who were drowned or suddenly dead; and after it is to be seen of such bodies whether they were so drowned or slain, or strangled by the sign of a cord tied straight about their necks, or about any of their members, or upon any other hurt found upon their bodies: whereupon they shall proceed in the form above said. And if they were slain, then ought the coroners to attach the finders and all others in company.
“Upon appeal of wounds and such like, especially if the wounds be mortal, the parties appealed shall be taken immediately, and kept until it be known perfectly whether he that is hurt shall recover or not; and if he die, the offenders shall be kept: and if the party recover, the offenders shall be attached by four or six pledges after, as the wound is great or small: if it be for a maim, he shall find more than four pledges: and two pledges if it be for a small wound without mayhem. Also all wounds ought to be viewed; the length, breadth, and depth, and with what weapons, and in what part of the body the wound or hurt is, and how many wounds there be, and who gave them: all which must be enrolled by the coroner.
“Moreover if any be appealed, the party appealing of the fact shall be taken, and the party appealed of the force shall be attached also, and kept in ward, until the parties appealed of the fact be attainted or delivered.
“Also horses, boats, carts, &c. whereby any are slain, shall be valued, and delivered unto the towns as beforesaid.
“If any be suspected of the death of any man, being in danger of life, he shall be taken and imprisoned as before is said.”
This statute is but in confirmation of the common law, and therefore does not restrain the powers of the coroner which he before possessed, even though they be not mentioned in it. 1 East. P. C. 381, where see observations on each part of this duty.