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.