1. If the lungs be inflated, the action of the heart will continue.

2. If the action of the heart has become feeble, but the circulation

is nevertheless not entirely suspended, the inflation of the lungs

will cause the feeble actions to become again frequent and vigorous.

3. If the action of the heart has entirely ceased, it is impossible to

restore it by the inflation of the lungs.

4. If the action of the heart has not entirely ceased, but is so

feeble as no longer to maintain the circulation, the artificial

respiration will prove as useless, as if the heart were perfectly

motionless.

There is still, however, another period at which artificial respiration

may be employed with the greatest advantage; we have stated that after

the natural respiration has been re-established, and the animal would

appear to be advancing towards recovery, it not unfrequently relapses

into a state of insensibility, becomes convulsed, and dies. As this

depends upon the black blood which is circulating through the brain, so

paralysing that organ as to prevent a necessary transmission of its

influence to the muscles of respiration, life may be preserved if

artificial respiration be established until the brain is again supplied

with duly oxygenized blood; after which the animal will be enabled to

perform its own functions without any assistance from art.

The same treatment will, of course, apply in every case where the

natural respiration ceases in consequence of being deprived of a due

supply of nervous energy, from the insensibility of the brain; as from a

blow on the head—the action of a narcotic poison—from lightning?

It has been proposed, in cases of suffocation, to take away blood from

some of the larger veins; as far as relates to the asphyxia, no

advantage can accrue from such a practice, but incidental benefit may

arise where congestion has taken place in the brain, as happens in

hanging: in such cases the jugular veins are those from which the blood

can be taken with the greatest chance of success.

Advantage is also said to accrue from the application of volatile

alkali, or other pungent bodies to the inside of the nostrils; whatever

promotes sneezing or coughing is supposed to give a succussion to the

diaphragm and its antagonist muscles, and thereby to promote the

re-establishment of respiration.

Cordials, moderate warmth, and quiet, are the resources upon which we

are to rely for the ultimate recovery of the vital powers, after the

complete establishment of the function of respiration.

For a long period, injections of tobacco enjoyed a high, but unmerited

reputation amongst the medicinal agents that were supposed capable of

rousing the latent energies of life, in cases of suspended animation;

and strange as it may appear, this most powerful narcotic poison, until

within a few years, was annually recommended for such purposes by those

who professed to instruct the profession and the public upon these

important topics; this may be considered as one of the most stupendous

errors that ever occurred in the exercise of the medical art.

Where the asphyxia has arisen from the inhalation of noxious vapours, as

those emitted by burning charcoal, the exposure of the body to cold has

been strongly recommended. In Russia, where from the mode of heating the

dwellings, accidents of this kind very frequently occur, the general

practice is to rub the body with snow, and it is said with the happiest

effect; this plan, says Dr. _Babington_, is probably of use, from the

strong impression which is made upon the skin as a sentient organ. It is

also a well known fact, that the recovery of the dogs which are made the

subjects of experiment in the _Grotto del Cane_, is much favoured by

their being plunged into a neighbouring lake.

Is it necessary to repeat, that the idea respecting the presence of any

considerable portion of water in the lungs of a drowned person, has no

foundation in truth? we should have scarcely deemed the notice of such a

fallacy, and that of the practice founded upon it, of hanging by the

heels, called for in this place, had not an opinion been lately

delivered, by a medical witness, that _a person drowned in the Thames

might possibly have been recovered, but for the impurity of the water,

arising from the gas-works_. We have only to observe upon this occasion,

that had the individual in question recovered in the hands of a

practitioner who could have delivered so absurd an opinion, he would

have been more indebted to good fortune than to skilful attention.

A drowned animal will, in general, be recovered more slowly and with

greater difficulty than one which has fallen into a state of asphyxia

from strangulation. It is probable that, in the former case, the sudden

reduction of temperature will contribute to the more rapid extinction of

vitality.

Having thus examined the pretensions to which the several modes of

restoring animation are entitled, we may conveniently introduce in this

place some observations upon the different methods which have been

adopted to secure condemned criminals against the fatal effects of their

execution. There can be no doubt but that by making an opening in the

trachea, below the ligature, death might in some cases be prevented,

provided the neck were not dislocated, nor the weight of the body very

considerable. _Richerand_ says, that a surgeon of the imperial armies,

whose veracity cannot be questioned, assured him that he had saved the

life of a soldier by performing the operation of laryngotomy some hours

before he was executed.

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.

He is to inroll the verdict of his jury, written on parchment, and

return the Inquisition, either to the Justices of the next gaol delivery

of the county, or certify it into the King’s Bench, 2 _Roll. Abr._ 32.

He must take notes of the evidence,[80] and bind the witnesses to

appear, for neglect of which he may be fined, 1 & 2 _Ph. & Mary_, _c._

13. 1 _Lil. Abr._ 327. And if he hath not enough to answer, his fine

(for this or any other offence in execution of his office), shall be

levied on the county, as a punishment for electing an insufficient

officer. _Mirror_, _c._ 1. _s._ 3. 2 _Inst._ 175.

When it happens that any person comes to an unnatural death, the

township shall give notice thereof to the coroner. Otherwise if the body

be interred before he come, the township shall be amerced. _Hale P.C._

170. And _Holt_, C. J. says, It is a matter indictable to bury a man

that dies a violent death, before the Coroner’ Inquest have sat upon

him. 2 _Hawk. P.C._ _n._ 8. 1 _Burn’s Just._ 562.

Though it is not necessary that the inquisition be taken in the place

where the body was viewed, 2 _Hawk. P.C._ _c._ 9. _s._ 25. yet he has no

authority to take an Inquisition of Death, without a view of the body,

and if an inquest be taken by him without such view, it is void. 2

_Lev._ 140[81]. But after the view, which must be by the jury and

coroner together, the inquest may adjourn to a more convenient

place.[82]

He may in convenient time take up a dead body that hath been buried, in

order to view it: but if it be buried so long that he can discover

nothing, or if there be danger of infection, the inquest ought not to be

taken by the coroner, but by Justices of Peace, by the testimony of

witnesses; for none can take it on view, but the coroner. _Bro. Coron._

167. 173. If the body is improperly buried, or suffered to lie till it

stinks, the town shall be amerced. 2 _Danv. Ab._ 209. _Hale, P.C._ 270.

2 _Hawk._ 48.

A Coroner’s Inquisition being final, the coroner ought to hear

counsel[83] and evidence on both sides.[84] 2 _Sid._ 90. 101. He must

admit evidence as well against the king’s interest as for it; and for

omitting to do so, his inquisition may be quashed. 2 _Hale, P. C._

60.[85] 1 _East’s P.C._ 383.

The coroner among other things must enquire of the deodand, which on the

violent death of any one, even though purely accidental, has accrued to

the king or his grantee.

This mulct was, in ancient times, applied to the purpose of purchasing

masses, for the repose of the soul of the deceased; it is now converted

into an ill apportioned, arbitrary, or, in a few cases, inadequate

fine[86] on the individual, whose property has been, whether innocently

or culpably, the cause of death. It is as absurd that a ship under sail,

from which a man has fallen and been drowned, should be forfeited to the

king; as it is lamentable that the ignorant, and too frequently the

criminally negligent vender of oxalic acid for Epsom salts, should

escape all punishment.

Where a thing is not in motion, that part of it which actually caused

the death is alone forfeited, “as if a man be climbing on the wheel of a

cart, and is killed by falling from it, the wheel alone is a deodand. 1

_Bl. Com._ 300. But whenever the thing is in motion, not only that part

which immediately gives the wound, (as the wheel which runs over his

body) but all the things which move with it, and help to make the wound

more dangerous (as the cart and loading, which increase the pressure of

the wheel) are forfeited.” _ibid._ The utmost penalty of this law might

often be inflicted on the proprietors of stage coaches, where the wilful

negligence, drunkenness, or brutality of the driver had occasioned the

loss of life. “It matters not whether the owner were concerned in the

killing or not; for, if a man kill another with my sword, the sword is

forfeited.” _ibid._ The learned Commentator thus concludes, “But juries

have of late very frequently taken upon themselves to mitigate these

forfeitures, by finding only some trifling thing, or part of an entire

thing, to have been the occasion of the death. And in such cases,

although the finding of the jury be hardly warrantable by law, the Court

of King’s Bench hath generally refused to interfere on behalf of the

lord of the franchise, to assist so unequitable a claim.” 1 _Com._ 301.

Thus is the justice of the country injured, in order to restrain the

rapacity of individuals, improperly invested with the prerogatives of

the crown. See also 1 _East. P. C._ 386.

A coroner may be punished for misconduct by fine, imprisonment, or

removal; as if he be remiss in coming to do his office when he is sent

for, he shall be removed by virtue of the statute _De Coronatoribus_ 4

_Ed._ l. _c._ 2: _Salk._ 37. _Hale P. C._ 170. or if he do not properly

execute his office. 1 _Lill. Abr._ 327.

If his Inquisition be quashed, and a _melius Inquirendum_ is granted,

that Inquisition must be taken by the Sheriffs or Commissioners, upon

affidavits.[87] 1 _Danv. Abr._ 210. _Salk._ 190.

The filing of a coroner’s inquest may also be stopped for mismanagement.

1 _Mod._ 82. If he conceal felonies he shall be fined, and suffer one

year’s imprisonment. 3 _Ed._ 1 _c._ 9. In Lord _Buckhurst’s_ case a

coroner not returning his inquisition of murder to the next gaol

delivery, but suppressing it, was discharged from his office, and fined

£100. 1 _Kebl._ 280.

If a coroner be convicted of extortion, wilful neglect of duty, or

misdemeanor in his office, the Court before whom he shall be convicted,

may adjudge that he shall be removed from his office. 25 _Geo._ 2. _c._

29.

And lastly, by the writ _De Coronatore exonerando_, _F.N.B._ 163. 164:

he may be discharged for negligence, or insufficiency, in the discharge

of his duty, and when coroners are so far engaged in any other public

business that they cannot attend the office; or if they be disabled by

old age or disease, or have not sufficient lands, or live in an

inconvenient part of the county. 2 _Inst._ 32. 2 _Hawk. P.C._ _c._ 9.

_s._ 12. But if any such writ be obtained on an untrue suggestion, the

coroner may procure a commission out of Chancery to enquire thereof; and

the king may grant a supercedeas of the writ. _Reg. Orig._ 177. 178.

_F.N.B._ 164. As the coroner’s is an office of freehold, the Court of

Chancery will not suffer the writ to issue, unless on affidavit that the

defendant has been served with notice of the petition for it. 3 _Atk._

184. On the election of a new coroner the office of the old one is _ipso

facto_ extinguished.

We have entered more fully into this description of the office and

duties of coroner in general, as we deem the due execution of them to be

of the utmost importance to the public welfare; not indeed intending it

as a guide to coroners themselves, for to that purpose it would be

insufficient; but to give some insight into the nature and character of

the office, to those who may, from time to time, be called upon to aid

its administration. It is however necessary for us to add that there are

some exceptions to the above mentioned rules, arising out of local

customs and peculiar jurisdictions; thus the Lord Mayor of London is by

virtue of his office, coroner within the City, and the Court is holden

before him or his deputy. 4 _Inst._ 250. And other places, as some of

the Royal residences, &c. have their separate coroners; but all,

whatever the mode of election or appointment, are in cases of misconduct

subject to the jurisdiction of the Court of King’s Bench.

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