8. By strangulation or suffocation.

“_Moriendi mille figuræ._”

The two first of these modes frequently occur in cases of infanticide,

and to that head, which requires separate consideration on account of

its intricacy, we shall therefore refer it. Adults can seldom, if ever,

be exposed to destruction in this manner; though, as in —— _Brownrigg’s_

case, and others of the same class, it may constitute a part of the

crime of murdering children, even of an advanced age, by duress and

starvation; where it is by a combination of cruel injuries, and not by

one specific blow or wound, that death is produced. These cases we shall

include under a general head, having first disposed of those which

require more specific notice.

“_By imprisoning a man so strictly that he dies, and therefore where any

dies in gaol[95] the coroner ought to be sent for to enquire of the

manner of his death._”[96]

Death by duress of imprisonment was in all probability a very frequent

occurrence in the earlier periods of our history, we know that it has

often been inflicted by the individual tyranny of the nobles on their

vassals; and we have every reason to suppose, that even the keepers of

our public prisons were not free from the imputation of cruelty to their

unfortunate inmates; many have died by violence, more by neglect; it was

therefore a wise and humane precaution that the circumstances of every

death of a prisoner should be made the subject of minute enquiry; it is

also desirable that such enquiry should be carried on by persons of

competent skill, and with every possible and proper publicity. Our own

times we will hope are entirely free from the crime of premeditated

murder on the body of a prisoner; but we must not allow our confidence

in the modern improvements of prison discipline to lull us into a false

security as to the conduct of gaolers and their underlings many of these

may be men of mild and humane disposition, but as their daily occupation

must tend to blunt the finer feelings of humanity, it is well that every

charge of misconduct should be met by immediate and rigorous enquiry. On

this subject see _Rex_ v. _Huggins_, warden of the Fleet, 2 _Lord Raym._

1578; 2 _Str._ 882; 9 _Harg. St. Tri._ 107; _Bambridge’s_ case, 9 _Harg.

St. Tri._ 146, 151; _Acton’s_ case, 9 _Harg. St. Tri._ 182, 210, 218;

see also the several Parliamentary Reports on Coldbath-fields,

Ilchester, &c.

“A gaoler, knowing a prisoner to be infected with an epidemic[97]

distemper, confines another prisoner against his will, in the same room

with him, by which he catches the infection, of which the gaoler had

notice, and the prisoner dies; this is a felonious killing. _Stra._ 856;

9 _St. Tri._ 146. So, to confine a prisoner in a low damp unwholesome

room, not allowing him the common conveniences which the decencies of

nature require, by which the habits of his constitution are so affected

as to produce a distemper of which he dies; this also is felonious

homicide. _Stra._ 884; _Lord Raym._ 1578. For although the law invests

gaolers with all necessary powers for the interest of the commonwealth,

they are not to behave with the least degree of wanton cruelty to their

prisoners. _O. B._ 1784, p. 1177; and these were deliberate acts of

cruelty, and enormous violations of the trust the law reposeth in its

ministers of justice. _Forster_, 322.” See I _Hawk._ P. C. by _Leach_,

p. 119.

Previous to the researches of the celebrated _John Howard_, (see his

treatise on Prisons and Lazarettos) our prisons appear to have been in a

most disgraceful state; they are now greatly improved, but something may

yet be done for their amelioration, more particularly as affecting the

health of the prisoners; and this principally, by allowing the most

unrestrained medical inspection by disinterested practitioners, who

should be as much as possible unconnected with local prejudices, or

partialities; some of the parliamentary regulations of madhouses might

in this respect be usefully extended to all places of confinement; those

who are not _sui juris_ are ever entitled to additional protection.[98]

The best practical proof of improvement, in the construction of our

prisons, and in our prison discipline, is to be found in the

disappearance of that fatal pest, which was commonly called the gaol

fever, a disorder which, with something of retributive justice,

frequently extended its ravages to those, whose proper vigilance might

have prevented its generation. At the assizes held at Oxford in

1577,[99] called the black assize, we learn from _Baker’s_ Chronicle (p.

353) that all who were present died within forty hours: the Lord Chief

Baron, the Sheriff, and about three hundred more. _Lord Bacon_ ascribed

the fatality to a disease brought into court by the prisoners, and _Dr.

Mead_ entertained the same opinion; nor was similar infection, though to

a less extent, an uncommon occurrence[100], see vol. 1, p. 125. The

ancient practice of strewing the court with aromatic herbs and flowers,

and presenting bouquets to the Judges, is said to have derived its

origin from the idea of preventing infection: fresh air, still wanting

in our courts, would have proved a more powerful, and not less agreeable

prophylaitic.

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