FOOTNOTES.

{7} Those havens that lie towards France, and have been thought by our

kings to be such as ought most vigilantly to be observed against

invasion. In which respect, the places where they have a special

governor or keeper, called by his office, Lord Warden of the _Cinque

Ports_; and various privileges granted to them, as a particular

jurisdiction; their Warden have an authority among them, and sending out

writs in his own name. The Ports are Dover, Sandwich, Rye, Hastings,

Winchelsea, Romney and Hithe. Some of which as the number exceeds five,

must either be added to the first institution by some later grant or

accounted as appendant to some of the rest.

{17} _Vide_ Sewell, on the Law of Coroners.

{28} What were the tests applied, to prove that Laudanum had been

administered to the infant? If the child did not die from the effects of

Laudanum, what caused its death?

{32} Lord Lyndhurst, in a recent case, laid down the following rule:—

“In these cases there is no difference between a licensed physician

or surgeon, and a person acting as physician or surgeon without

license. In either case, if a party having a competent degree of

skill and knowledge, makes an accidental mistake in the treatment of

a patient, through which mistake death ensues, he is not thereby

guilty of manslaughter.”

“But if where proper medical assistance can be had, a person totally

ignorant of the science of medicine—takes on himself a violent and

dangerous remedy to one labouring under disease, and death ensues in

consequence of that dangerous remedy having been so administered,

then he is guilty of manslaughter; or a man may be guilty of

manslaughter if, notwithstanding _he has a competent knowledge of

medicine_, _he be guilty of gross rashness in the application of a

remedy or gross negligence in attending his patient afterwards_.

Also, where a man doing a lawful act, which is at the same time

dangerous, he neglects to use _proper caution_, death ensues, if it

takes place within a _twelve month_ and a day; but if his life

exceeds that period, the law will presume that his death proceeded

from some other cause than the wound.”—1 Hawk, P. C. 23 s. 90.

“If a man be sick of a disease which in all likelihoods would

terminate his life, and another give him a _wound or hurt which

hastens_ his _death_, this is such a killing as would constitute

murder.”—See 1 Lord Hale, 428.—_Vide_ Sewell, on the Law of Coroners.

{39} A term given to a fluid attending suppuration, one of the

consequences of inflammatory action.

{46} In the course of the enquiry, the coroner remarked he did not know

who might have got up that inquest, and that had he been apprised of it,

he should have _appointed some person unacquainted with the deceased and

the circumstances_, to have made the post mortem examination. Mr. Webber

observed, “Sir, you cannot be in doubt upon that score, as you must

admit, on the 15th of May, I enclosed you a note from Mr. Pilgrim, your

brother coroner, to whom, supposing him to have been the coroner for the

district, I mentioned all the circumstances connected with the deceased,

and he conceived it was a proper case, in justice to all parties, that an

inquiry should take place; and sir, I apprehend I have done your friend,

on your left, no injustice, by getting his own friend Mr. Coleby to

examine the body, for you cannot suppose, that the very cordial manner in

which you saw Mr. Coleby shake Dr. Bell by the hand, he could have had

any unfair or ill feeling towards him.”

{49} This was a new instrument, admirably adapted for the detection of

stone, lately invented by Mr. Webber, and manufactured by Ferguson, of

Smithfield.

{52} Nux. _Nux Vomica Strichnia_. This is a well-known remedy as a

theraputic agent in cases of paralysis. If this, or other medicines used

by Dr. Bell, aggravated the misery of the sufferer, possibly that

gentleman, who it appears was educated in the Allopathic School, might

have used them in larger doses than is prescribed by a real disciple of

the German Hahnemann. Be this as it may, it furnishes a precious example

to those who follow such vague practise in grave disease, where the life

of the afflicted verges on eternity. Yet, surely, none but vain and

ignorant people, assumed or real, can believe in the shadow of a shade,

though introduced with all the seductive novelty which specious artifice

and subtle ingenuity can devise, as promulgated in the doctrines of a

visionary enthusiast and his followers.

{55} Metastasis or translation of disease frequently takes place at a

remote distance from the original seat of mischief, involving tissues

belonging to vital organs, and the afflicted sink through inanition or

loss of vital power.

{56} A verdict is altogether a matter of substance. All the facts and

circumstances must be stated with certainty and precision, without any

repugnancy or inconsistency; and where it contains a charge, the charge

must be direct and positive.—Vide Sewell on the Law of Coroners.

{57a} So stated in the Medical Directory.

{57b} This forms the nucleus for other observations, at a convenient

opportunity.

{58} The jury are to inquire into and judge of all matters of fact

connected with the death of a party, and in certain cases of flight,

forfeiture, deodands, &c. and for that purpose to receive such evidence

as may appear necessary. But they may give a verdict without testimony,

where they themselves have cognizance of the fact; but if they give a

verdict on their own knowledge, they ought to inform the court so. They

may however be sworn as witnesses, and the fair way is to tell the court

before they are sworn, that they have evidence to give.

{59a} According to Lyttleton, in which opinion Lord Coke concurs, if the

jury will take upon themselves the knowledge of the law, the coroner is

bound to accept the presentment which the jury make.

{59b} But it appears (and very judiciously so) that the immediate and

direct right of deciding upon questions of law is entrusted to the court,

while in the jury, it is at most only incidental; that in the exercise of

this incidental right, the latter are not only placed under the

superintendence of the former, but in some degree controllable by them;

and therefore, that in all points of law during an investigation, the

jury ought to show the most respectful deference to the advice and

recommendation of the court.—_Vide_ Sewell on the law of coroners.

{60} Each Art and Science has its technicalities, which must be used to

designate the component parts severally connected with a whole.

Therefore, if hearers, particularly judges, do not understand evidence

minutely given by medical gentlemen: the latter become confused, owing to

using language perfectly comprehensible to themselves, but provokingly

incomprehensible to others.

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