Thus terminated a painful enquiry, on which a large volume might be written in behalf of humanity, expressing regret, for the sufferings of the unfortunate deceased—expressing regret that his care, his counsel, and his regard shown to his wife and children should be so untimely lost—expressing regret that the good intentions of Mrs. Shirley should apparently, through misplaced confidence, be frustrated—expressing regret, that a professional gentleman standing in this case in an awkward position, should make a more awkward defence, in apparently endeavouring to cast the blame on others, who wholly undeserved it—expressing regret that a member of the Royal College of Surgeons, in Ireland, [57a] who is supposed to possess an acquaintance with the tissues and structures of the human body, apparently forgot that the larger an instrument, called a sound, can enter a canal at a given part, the less danger there is of rupturing a tube, or wounding a delicate membrane. But above all, expressing regret, that having apparently neglected the precaution given by Mr. Webber not to use force; having witnessed the agony accompanying inflammatory action which followed, he persisted to combat it by such apparently vague medical treatment. [57b] For this it appears was nearly sending Swann to a still earlier grave. His life, however was for a time preserved through the skill and perseverance of Mr. Webber, and the great attention Mrs. Phillips, the nurse, paid to the deceased. But the days of the poor agricultural labourer were numbered; and his earthly sufferings having ceased, an earnest hope may be expressed that his ethereal spirit—his soul, may be now slumbering in the bosom of his Father, and his God.
The cases narrated, plainly demonstrate that care, tact, delicacy, and discernment, are required at coroners’ inquests—for a two-fold object must be kept in view:—the one to ascertain the proximate cause of death, whether arising from natural or mechanical events, and the other, whether the law can take cognizance of, and bring to justice the incautious, the ill-disposed, and possibly the gross offender against the laws of his country.
To the departed, these duties are of little moment, but to the living, they demand the greatest attention, not the less owing to the voice of humanity towards the friends of the deceased than to individuals, who innocent or guilty, may be directly or indirectly, suspected or implicated, in conniving or hastening, the death of a fellow creature.
It may be inferred, that jurymen [58] ought to assert their right [59a] (whilst the memories of learned coroners are sleeping) to ask questions, necessary to obtain evidence, that their minds may be so enlightened, as to record just and complete verdicts, even in Mala Praxis, for why should truth be withheld, when the Science of Medicine, with sound surgery for its helpmate, are being sullied in glory?
But it must be borne in mind, that a jury of men labouring in other vocations, living in a remote village, seldom attending coroners’ inquests, whose education is so limited, as not to be competent to seek for information, which the knowledge of medical jurisprudence inculcates, are the reasons why they must and do rely on the coroner to extract the evidence required; that their ideas of right and wrong may rest on the solid foundation of truth itself, which cannot be effected, unless the judge on obtaining evidence, explains the law bearing on the question, and introduces both, suitably to their comprehension. [59b]
Unless this object is realized, coroners’ inquests are perfectly useless, and evidently prove there must be something “rotten in the state of Denmark,” which if enquired into, will be found to prevail in many instances even where gentlemen in the legal profession are coroners. But how can it be otherwise? Their knowledge of medical jurisprudence, if to a certain extent comprehended, must be far too limited to conduct enquiries of grave importance. The want of sound medical knowledge must prove the hindrance, because it is frequently observed when medical gentlemen give evidence, they use technicalities employed in the profession, and by stepping into details, they bewilder their hearers, and sometimes themselves also. [60] Therefore it may be assumed, that great tact and discrimination is required in the examination in any case where medical evidence is of paramount importance, and consequently it may be believed, that unless gentlemen are properly educated, so as to be able to elicit important truths connected with the science of medicine in all its branches, as well as the legal points in coronership, they cannot be capable of conducting inquiries, in all the integrity, which these solemn occasions demand.
In conclusion, the following queries may not be deemed impertinent or superfluous:—
Is it customary for coroners to be petulant, irascible, and over desirous to close their enquiries?
Is it customary for witnesses to omit signing the depositions of their evidences?
Is it customary for coroners to allow disputations to exist in their presence, which do not appear to harmonize with the solemn character of coroners’ courts?