If there appeared a paragraph in the newspapers, stating that her

Majesty’s representative, the Lord Chief Justice of the Queen’s Bench,

had held a solemn Court in the parlour of the ‘Elephant and

Tooth-pick,’ the reader would rightly conceive that the Crown and

dignity of our Sovereign Lady had suffered some derogation. Yet an

equal abasement daily takes place without exciting especial wonder.

The subordinates of the Lord Chief Justice of the Queen’s Bench (who

is, by an old law, the Premier Coroner of all England) habitually

preside at houses of public entertainment; yet they are no less

delegates of Royalty—as the name of their office implies[4]—than the

ermined dignitary himself, when surrounded with all the pomp and

circumstance of the law’s majesty at Westminster. This is quite

characteristic of our thoroughly commercial nation. An action about a

money-debt is tried in an imposing manner in a spacious edifice, and

with only too great an excess of formality; but for an inquest into

the sacrifice of a mere human life, ‘the worst inn’s worst room’ is

deemed good enough. In order rightly to determine whether Jones owes

Smith five pounds ten, the Goddess of Justice is surrounded with the

most imposing insignia, and worshipped in an appropriate temple: but

when she is invoked to decide why a human spirit,

Footnote 4:

It is derived from _a coronâ_ (from the crown), because the coroner,

says Coke, “hath conusance in some pleas which are called _placita

coronæ_.”

‘Unhousel’d, disappointed, unanel’d,

No reckoning made, is sent to its account

With all its imperfections on its head;’

she is thrust into the ‘Hole in the Wall,’ the ‘Bag o’ Nails,’ or the

parlour of the ‘Two Spies.’

Desirous of having aural and ocular demonstration of the curious

manner in which the office of Coroner is now fulfilled, we were

attracted, a few weeks since, to the Old Drury Tavern, in Vinegar

Yard, Drury Lane. Having made our way to a small parlour, we perceived

the Majesty of England, as personated on this occasion, enveloped in

an ordinary surtout, sitting at the head of a table, and surrounded by

a knot of good-humoured faces, who might, if judged from mere

appearances, have rallied round their president for some social

purpose—only that the cigars and spirits and water had not yet come

in. There was nothing official to be seen but a few pens, a sheet or

two of paper, an inkstand, and a parish beadle.

When we entered, the Coroner was holding a friendly conversation with

some of the jury, the beadle, and the gentlemen of the press,

respecting the inferiority of the accommodation; and, considering the

number of persons present, and the accessions expected from more

jurymen, parochial officers, and witnesses, the subject was suggested

naturally enough: for the private apartment of the landlord was of

exceedingly moderate dimensions; and that had been appropriated as the

temporary Court.

Here then, to a back parlour of the Old Drury Tavern, Vinegar Yard,

Drury Lane, London, the Queen’s representative was consigned—by no

fault of his own, but from that of a system of which he is rather a

victim than a promoter—to institute one of the most important

inquiries which the law of England prescribes. A human being had been

prematurely sent into eternity, and the coroner was called upon—amidst

several implements of conviviality, the odour of gin and the smell of

tobacco-smoke—‘to inquire in this manner: that is, to wit, if they

[the witnesses] know where the person was slain, whether it were in

any house, field, bed, tavern, or company, and who were there; who are

culpable, either of the act, or of the force; and who were present,

either men or women, and of what age soever they be, if they can speak

or have any discretion; and how many soever be found culpable they

shall be taken and delivered to the sheriff, and shall be committed to

the gaol.’ So runs the clause of the act of parliament, still in force

by which the coroner and jury were now assembled. It is the second

statute of the fourth year of Edward I., and is the identical law

which is discussed by the grave-diggers in Hamlet.

The pleasant colloquy about the size of the room ended in a resolution

to adjourn the Court to the ‘Two Spies,’ in a neighbouring alley. Time

appeared, throughout the proceedings, to be as valuable as space, and

the rest of the jurors having dropped in, the coroner—with a bible

supplied from the bar,—at once delivered the oath to the foreman. The

other jurors were rapidly sworn in batches, upon the Old Drury Bible,

under an abridged dispensation administered, if our memory be correct,

by the beadle.

‘Now, then, gentlemen,’ said the coroner, ‘we’ll view the body.’

Not without alacrity the entire company left their confined quarters

to breathe such air as is vouchsafed in Vinegar Yard. The subject of

inquiry lay at a baker’s shop, ‘a few doors round the corner,’—to use

the topographical formula of the parish functionary—and thither he

ushered us. A few of the window shutters of the shop were up, but in

all other respects there was as little to indicate a house of death as

there was to show it to be a house of mourning. If the journeyman had

not been standing at the end of the counter in his holiday coat, it

would have seemed as if business was going on as usual. There was the

same tempting display of tarts, the same heaps of biscuits, the same

supply of loaves, the same ranges of flour in paper bags as is to be

observed in ordinary bakers’ shops on ordinary occasions. Yet the

mistress of this particular baker’s shop lay dead only a few paces

within, and its master was in gaol on suspicion of having murdered

her.

Through a parlour and a sort of passage with a bed and a sink in

it,the jury were shown into a confined kitchen. Here, on a mahogany

dining-table, lay the remains covered with a dirty sheet. To describe

the spectacle which presented itself when the beadle, with

business-like immobility turned down the covering, does not happily

fall within our present object. It is, however, necessary to say that

it presented evidences of continued ill-usage from blows and kicks,

not to be beheld without strong indignation. Yet this was not all.

‘The cause of death,’ said the beadle—_his_ mind was quite made up—‘is

on the back; it’s covered with bruises: but I suppose you won’t want

to see that, gentlemen.’

By no means. Everybody had seen enough; for they were surrounded by

whatever could increase distress and engender disgust. The apartment

was so small, that the table left only room for the jurors to edge

round it one by one; and it was hardly possible to do this, without

actual contact with the head or feet of the corpse. A gridiron and

other black utensils were hanging against the wall, and could only be

escaped by the exercise on the part of the spectators of great

ingenuity of motion. This and the bed-place (bed-_room_ is no word for

it) indicated squalid poverty; but the scene was changed in the

parlour. There, appearances were at least kept up. It was filled with

decent furniture—even elegancies; including a pianoforte and a couple

of portraits.

These strange evidences of refinement only brought out the squalor,

smallness, and unfitness for any part of a judicial inquiry of the

inner apartments, into more glaring relief. Surely so important a

function as that of a coroner and his jury should not be conducted

amidst such a scene! Besides other obvious objections, the danger of

keeping corpses in confined apartments, and in close neighbourhoods,

was here strongly exemplified. The smell was so ‘close’ and

insanitary, that the first man who entered the den where the body lay,

caused the window to be opened. Two children, the offspring of the

victim and the accused, lived in these apartments; and above stairs

the house was crowded with lodgers, to all of whom any sort of

infection would have proved the more disastrous from living next door,

as it were, to Death. It is terrible to reflect that every decease

happening among the myriads of the population a little lower in

circumstances than this baker, deals around it its proportion of

destruction to the living, from the same causes. True, that had it

been impossible to retain the body where death occurred—as chances

when several persons live in the same room—it would have been removed.

But where.—The coroner and jury would have had to view it in the

tap-room of a public-house.

There is another objection—all-powerful in the eyes of a lawyer. He

recognises as a first necessity that the jurors should have no

opportunity of communicating with witnesses, except when before the

Court. But here the melancholy honours of the baker’s shop and parlour

were performed by the two persons from whose evidence the cause of

death was to be chiefly elicited;—the journeyman and a female relative

of the deceased, who were in the house when the last blows were dealt,

and when the woman died. They received the fifteen jurymen who were

presently to judge of their testimony; and there was nothing but the

strong sense of propriety which actuated these gentlemen on the

present occasion, to prevent the witnesses from telling their own

story privately in their own way, to any one or half dozen of the

inquest, and thus to give a premature bent to opinions, the materials

for forming which, ought to be strictly reserved for the public Court.

Many examples can be supplied in illustration of this evil. We select

one:—Some years ago, an old woman in the most wretched part of

Westminster, was found dead in her bed—strangled. When the Coroner and

jury went to view the body, they were ushered by a young female—a

relative—who lived with the deceased. She explained there and then all

about the death. When the Court re-assembled, she was—chiefly, it was

understood, in consequence of what had previously passed—examined as

first and principal witness, and upon her evidence, the verdict

arrived at, was ‘Temporary insanity.’ The case, however, subsequently

passed through more formal judicial ordeals, and the result was, that

the coroner’s prime witness was hanged for the _murder_ of the old

woman. We must have it distinctly understood that not the faintest

shade of parallel exists between the two cases. We bring them together

solely to illustrate the evils of a system.

On passing into the baker’s parlour, dumb witnesses presented

themselves, which—properly or improperly—must have had their effect on

the promoters of the inquiry. The piano indicated hours formerly

spent, and thoughts once indulged, which, when imagined by minds fresh

from the appalling reality in the squalid kitchen, must have excited

new throes of indignation and pity. One portrait was that of the

bruised and crushed corpse when living and young. Then she must have

been comely; now no feature could be recognised as ever having been

human. Then, she was cleanly and neatly dressed, and, if the pictured

smile might be trusted, happy; now, she lay amidst dirt, the victim of

long, long ill-usage and lingering misery, ended in premature death.

The other, was a likeness of her husband. Had words of love ever

passed between the originals of those painted effigies? Had they ever

courted? It seemed that one of the jurors was inwardly asking some

such question while gazing at the portraits, for he was visibly

affected.

We all at length made our way to the ‘Two Spies’ in Whitehart Yard,

Brydges Street. The accommodation afforded was a little more spacious

than those of the Old Drury; but the delegated Majesty of the Crown

had no dignity imparted to it from the coroner’s figure being brought

out in relief by a clothes-horse and table cloth which were, during

the inquiry, placed behind him to serve as a fire-screen. Neither did

the case of stuffed birds, the sampler of Moses in the bulrushes, the

picture of the licensed victuallers’ school, or the portraits of the

rubicund host and of his ‘good lady,’ tend to impress the minds of

jury, witnesses, or spectators, with that awe for the supremacy of the

Law which a court of justice is expected to inspire.

The circumstances as detailed by the witnesses are already familiar to

the readers of newspapers; but from the insecutive manner in which the

evidence was produced, it is difficult to frame a coherent narrative.

It all tended to prove that the husband had for several years

exercised great harshness towards his wife. That boxing her ears and

kicking her were among his ‘habits.’ On the Friday previous to her

decease, the journeyman had been, as usual, ‘bolted down’ in the

bake-house for the night, (such, he said, being the custom in the

trade) and from eleven o’clock till three in the morning he heard a

great noise overhead as of two persons quarrelling, and of one person

dragging the other across the room. There were cries of distress from

the deceased woman. Another witness—a second cousin of the wife—called

on Saturday afternoon. She found the wife in a pitiable state from

ill-usage and want of rest. Her left ear and all that part of the head

was much bruised. There were cuts, and the hair was matted with

congealed blood. The husband was told how much she was injured, but he

did not appear to take any notice of it. A trait of the dread in which

the woman lived of the man was here mentioned; she asked the witness

to ask her husband to allow her to lie down. She dared not prefer so

reasonable a request herself; although she had been up all the

previous night being beaten. He refused. The cousin sat down to dinner

with the wretched pair; only for the purpose of being between them to

prevent further violence, for she had dined. She remained until

half-past three o’clock, and during that interval the husband

frequently boxed his wife’s ears as hard as he could; and once kicked

her with great force. Her usual remonstrance was, ‘Man alive, don’t

touch me.’ The visitor returned in the evening, and she, with the

journeyman, saw another brutal attack, some minutes after which the

victim fell as if in a fit. She was assisted into an inner room, sank

down and never rose again. She lay till the following Sunday morning

in a state of insensibility, and no attempt had been made to procure

surgical assistance. A practitioner at last was summoned, gave no

hope, and the poor creature died on Monday morning. The post mortem

examination, described by the surgeon, revealed the cause of death in

the blows at the side of the head, which he said was like ‘beefsteaks

when beaten by cooks.’ No trace of habitual drunkenness appeared. The

deceased had been, in the course of the inquiry, charged with that.

A lawyer would have felt especially fidgetty, while these facts were

being elicited. The questions were put in an undecided rambling

manner, and were so interrupted by half-made remarks from the jurors

and other parties in the room, that it was a wonder how the report of

the proceedings, which appeared in the morning newspapers, could have

been so cleverly cleared as it was of the chaff from which it was

winnowed. One or two circumstances occurred during this time which

tended to throw over the whole affair the air of an ill-played farce.

At an interesting point of the evidence, the door was opened, and a

scream from a female voice announced ‘Please sir, the beadle’s

wanted!’ There were four gentlemen sitting on a horse-hair sofa close

behind some of the jury, with whom more than once they entered into

conversation, doubtless about the case in hand. The way in which the

coroner took notice of this breach of every judisprudential rule, was

extremely characteristic: he said, in effect, that there was, perhaps,

no actual harm in it, but it _might_ be objected to—the parties

conversing might be relatives of the accused. In fact, he mildly

insinuated that such unprivileged communications might warp the

jurymen’s judgments—that’s all!

After the coroner had summed up, the jury returned a verdict of

manslaughter against the husband. The Queen’s representative then

retired, and so did the jury and the beadle; a little extra business

was done at the bar of the ‘Two Spies,’ and, to use a reporter’s pet

phrase, ‘the proceedings terminated.’

It is far from our desire, in describing this particular inquest, in

any way to disparage—supposing anything we have said can be construed

into disparagement—any person or persons concerned in it directly or

remotely. Our wish is to point out the exceeding looseness,

informality, and difficulty of ensuring sound judgment, which the

system occasions. Indeed we were told by a competent authority that

the proceedings at the Old Drury and ‘Two Spies’ taverns, formed an

orderly and superior specimen of their class.

There is a mischief of some gravity, which we have yet to notice. The

essential check upon all judicial or private dereliction is publicity,

and publicity gained through the press in _all_ cases which require

it; but the existing system gives the coroner the power of excluding

reporters. He can, if he pleases, make a Star Chamber of his court,

hold it in a private house, and conduct it in secret. Instances—though

very rare ones—can be adduced of this having been actually done. Here

opens a door to another abuse;—it is known that a certain few among

newspaper hangers-on—persons only connected with the press by the

precarious and slender tenure of ‘a penny-a-line’—find it profitable

to attend inquests—not for legitimate purposes—for their ‘copy’ is

seldom inserted by editors—but to obtain money from relatives and

parties interested in the deceased for what they are pleased to call

‘suppressing’ their reports. This generally happens in cases which

from their having no public interest whatever would not, under any

circumstances, be admitted into the crowded columns of the journals;

for we can with confidence say that any case in which the public

interests are likely to be staked, once before the editors of any

London Journal, and supplied by a gentleman of their own

establishment, no power on earth could suppress it. It has happened

again occasionally that, from the suddenness with which the coroner is

summoned, and the slovenly manner in which his office is performed, an

inquest that ought to have been made public has wholly escaped the

knowledge of newspaper conductors and their accredited reporters, and

has thus passed over in silence.

Let us here put up another guard against misconception. No imputation

_can_ rest upon any accredited member of the press; the high state

dignities which some men who have been reporters now so well support,

are a guarantee against that. Neither do we wish to undervalue the

important services sometimes performed by occasional or ‘penny-a-line’

reporters; among whom there are honourable and clever men. We only

point out a small body of exceptional characters who are no more than

what we have described—‘hangers-on’ of the press.

We now proceed to suggest a remedy for the inherent vices of

‘Crowner’s quests.’

In the report of the Board of Health on intramural interments, upon

which a bill now before Parliament is founded, it is proposed to erect

in convenient parts of London eight reception-houses for the dead,

previous to interment in the cemeteries to be established. This will

remove the mortal remains from that immediate and fatal contact—fatal,

morally as well as physically—which is compulsory among the poorer

classes under the existing system of sepulture. It appears that of the

deaths which take place in the metropolis, in upwards of 20,000

instances the corpse must be kept, during the interval between the

death and the interment, in the same room in which the surviving

members of the family live and sleep; while of the 8,000 deaths every

year from epidemic diseases, by far the greater part happen under the

circumstances just described.

If from these causes the necessity for dead-houses is so great when no

inquest is necessary, how much stronger is it when the services of the

coroner are requisite? The reason given for the peripatetic nature of

the office, is the assumed necessity of the jury seeing the bodies on

the spot and in the circumstances of death. But that such a necessity

is unreal was proved on the inquest we have been detailing, by the

fact of the remains having been lifted from the bed where life ceased,

to a table, and having been opened by the surgeons. Surely, removal to

a wholesome and convenient reception-house, would not disturb such

appearances as may be presumed to form evidence. As it is, the only

place among the poor in which medical men can perform the important

duty of examination by _post mortem_ dissection is a room crowded with

inmates—or the tap-room of the nearest tavern.

To preserve, then, a degree of order, dignity, and solemnity equal at

least to that which is maintained to try an action for debt, and to

prevent the possibility of any ‘private’ dealings, we would strongly

urge that a suitable Coroner’s Court-house be attached to each of the

proposed reception-houses. A clause to this effect can be easily

introduced into the new bill. With such accommodation the coroner

could perform his office in a manner worthy of a delegate of the

Crown, and no such informalities as tend to intercept and taint the

pure stream of Justice could continue to exist.

FRANCIS JEFFREY.

JEFFREY was a year younger than SCOTT, whom he outlived eighteen

years, and with whose career his own had some points of resemblance.

They came of the same middle-class stock, and had played together as

lads in the High School ‘yard’ before they met as advocates in the

Court of Session. The fathers of both were connected with that Court;

and from childhood, both were devoted to the law. But Scott’s boyish

infirmity imprisoned him in Edinburgh, while Jeffrey was let loose to

Glasgow University, and afterwards passed up to Queen’s College,

Oxford. The boys, thus separated, had no remembrance of having

previously met, when they saw each other at the Speculative Society in

1791.

The Oxford of that day suited Jeffrey ill. It suited few people well

who cared for anything but cards and claret. Southey, who came just

after him, tells us that the Greek he took there he left there, nor

ever passed such unprofitable months; and Lord Malmesbury, who had

been there but a little time before him, wonders how it was that so

many men should make their way in the world creditably, after leaving

a place that taught nothing but idleness and drunkenness. But Jeffrey

was not long exposed to its temptations. He left after the brief

residence of a single term; and what in after life he remembered most

vividly in connection with it, seems to have been the twelve days’

hard travelling between Edinburgh and London which preceded his

entrance at Queen’s. Some seventy years before, another Scotch lad, on

his way to become yet more famous in literature and law, had taken

nearly as many weeks to perform the same journey; but, between the

schooldays of Mansfield and of Jeffrey, the world had not been

resting.

It was enacting its greatest modern incident, the first French

Revolution, when the young Scotch student returned to Edinburgh and

changed his College gown for that of the advocate. Scott had the start

of him in the Court of Session by two years, and had become rather

active and distinguished in the Speculative Society before Jeffrey

joined it. When the latter, then a lad of nineteen, was introduced,

(one evening in 1791), he observed a heavy-looking young man

officiating as secretary, who sat solemnly at the bottom of the table

in a huge woollen night-cap, and who, before the business of the night

began, rose from his chair, and, with imperturbable gravity seated on

as much of his face as was discernible from the wrappings of the

‘portentous machine’ that enveloped it, apologised for having left

home with a bad toothache. This was his quondam schoolfellow Scott.

Perhaps Jeffrey was pleased with the mingled enthusiasm for the

speculative, and regard for the practical, implied in the woollen

night-cap; or perhaps he was interested by the Essay on Ballads which

the hero of the night-cap read in the course of the evening: but

before he left the meeting he sought an introduction to Mr. Walter

Scott, and they were very intimate for many years afterwards.

Household words, No. 5, April 27, 1850 · 第 3 / 5 段