{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.