Chapter III: Part 3

From the 10th to the 12th the symptoms made a slight progress. The constancy of _Viterbi_ never yielded an instant; he dictated his journal, and afterwards approved and signed what had been thus written agreeably to his dictation. During the night of the 12th, the symptoms assumed a more decided character, debility was extreme, pulsation scarcely sensible, his voice extraordinarily feeble, the cold had extended itself all over the body, and the pangs of thirst were more acute than ever. On the 13th the unhappy man thinking himself at the point of death, again seized the jug of water, and drank twice, after which the cold became more severe; and congratulating himself that death was nigh, he stretched his body on the bed, and said to the gendarmes who were guarding him, “Look how well I have laid myself out.” At the expiration of a quarter of an hour, he asked for some brandy; the keeper not having any, he called for some wine, of which he took four spoonsful; when he had swallowed these the cold suddenly ceased, heat returned, and _Viterbi_ enjoyed a sleep of four hours. On awaking (on the morning of the 13th) and finding his powers restored, he fell into a rage with the keeper, protesting that they had deceived him, and then began beating his head violently against the wall of his prison, and would inevitably have killed himself, had he not been prevented by the gendarmes. During the two following days he resisted his inclination to drink, but continued to gargle occasionally with water; during the two nights he suffered a little from exhaustion, but in the morning found himself rather relieved. It was then that he penned some stanzas. On the 16th, at five o’clock in the morning, his powers were almost annihilated, pulsation could hardly be felt, and his voice was almost inaudible; his body was benumbed with cold, and it was thought that he was on the point of expiring. At ten o’clock he began to feel better, pulsation was more sensible, his voice strengthened, and, finally, heat again extended over his frame, and in this state he continued during the whole of the 17th. From the latter day until the 20th, _Viterbi_ only became more inexorable in his resolution to die. During the 19th, the pangs of hunger and thirst appeared more grievous than ever; so insufferable, indeed, were they, that for the first time, _Viterbi_ let a few tears escape him; but his invincible mind instantly spurned this human tribute. For a moment he seemed to have resumed his wonted energy, and said, in the presence of his guards, and the gaoler, “I will persist, whatever may be the consequence; my mind shall be stronger than my body; my strength of mind does not vary, that of my body daily becomes weaker.” A little after this energetic expression, an icy coldness again assailed his body, the shiverings were frequent and dreadful, and his loins, in particular, were seized with a stone-like coldness, which extended itself down his thighs. During the 19th a slight pain at intervals affected his heart, and for the first time, he felt a ringing sensation in his ears; at noon, on this day, his head became heavy; his sight, however, was perfect, and he conversed almost as usual, making some signs with his hands.

On the 20th, _Viterbi_ declared to the gaoler and physician, that he would not again moisten his mouth; and feeling the approach of death he stretched himself, asking, as on a former occasion, whether he was well out, and added, “I am prepared to leave this world.” Death did not this time betray his hopes. On the 21st _Viterbi_ was no more.

In this interesting history, we receive a faithful account of the physical effects of starvation upon a human being, and perceive how greatly a very inconsiderable portion of liquid is capable of producing an invigorating effect upon the body, when in a state of extreme inanition; but the mind of the subject before us was stern and invincible, inflexibly bent upon self destruction; and we therefore do not perceive the developement of those moral effects, which in other cases are the general consequences of starvation. The histories of besieged towns[65] would afford us ample evidence upon this subject; and would shew that famine destroys all the most powerful instincts of our nature. We know not, however, a more awful illustration of this fact than that furnished by the account of the wreck of the _Méduse_,[66] and its appalling consequences; it appears that this frigate struck on the bank of Arguin, and as all attempts to save her were fruitless, nothing remained but to concert immediate measures for the escape of the passengers and crew; five boats were accordingly got in readiness, and a raft, destined to carry the greatest number of people, was hastily constructed; biscuit, wine, and fresh water were also apportioned to each; but in the tumult of abandoning the wreck, it so happened that the raft had the least share of the provisions, and in which there was not a single barrel of biscuit. This raft, containing no less than one hundred and fifty souls, was to have been towed by the boats, with which it was connected by ropes; but the adventurers had not proceeded far, when the boats cast off, and cruelly abandoned the raft to the mercy of the ocean; to the scene which ensued it is impossible for any language, however florid, to do adequate justice. Despair, aided by the pangs of hunger, soon excited a mutiny; a dreadful slaughter ensued, and the flesh of their murdered comrades afforded to the survivors a short respite from the immediate sufferings of famine.

THE APPLICATION OF THE PHYSIOLOGICAL FACTS ESTABLISHED IN THE PRECEDING
CHAPTERS, TO THE GENERAL TREATMENT OF ASPHYXIA.

Although our researches into the causes and phenomena of asphyxia, or suspended animation, will afford, on many occasions, but very scanty encouragement with regard to the extent and value of the resources of art, yet we apprehend that to the intelligent practitioner they will not on that account be less acceptable; for to him it must be well known, that the detection of error is the first step in the discovery of truth, and although the tendency of the present investigation will be to reject, as useless, many of those plans of treatment which have long enjoyed the confidence of the public and the profession; yet it will suggest the application of some that have not hitherto been duly appreciated, and regulate that of others whose efficiency entirely depends upon the time and manner of their administration. But the fact is not to be concealed, that the medical profession, as well as the public, have long been too sanguine in their estimate of the probabilities of recovery by art, in cases where life is suddenly arrested by the operation of external causes; and upon this occasion, the establishment of the “ROYAL HUMANE SOCIETY for the recovery of persons apparently dead,” requires some notice, in relation to the possible extent of its successful exertions. Without some explanation it will be impossible to reconcile the reports of that philanthropic institution, with the physiological views which we have attempted to establish in the present work; it therefore becomes a part of our duty to explain the nature of the fallacies into which the witnesses and reporters of cases of suspended animation appear to us to have been unconsciously betrayed, and which have so frequently bestowed upon fable the colour of truth, and given to vague report, the apparent stability of credible testimony. In the first place we would observe, that in those cases in which a long interval is stated to have occurred between the suspension of breathing, from drowning, and the restoration of that function by art, it is probable that the anxiety of by-standers who witnessed the struggles, and the impossibility of justly appreciating the lapse of time in such moments of anxiety[67] and distress, have led to the erroneous statements with which the subject is embarrassed. There is, moreover, another fallacy into which the anxious observer is very likely to fall,—the sufferer may have breathed unobserved during the alleged interval of asphyxia; and if this fact be admitted, we at once reduce some of the most incredible of these reports to the rational standard of physiological probability. Nor shall we hesitate in the present chapter to offer our remarks upon the plan of recovery proposed by this society with as much freedom, and as little reserve, as we have ventured to question the literal accuracy of their reports. But while, thus fortified by physiological arguments, we profess to discredit many of the results stated by this society, let it not be supposed that we would prefer a charge of insincerity against their authors, or attempt to withhold any portion of that public patronage and consideration, to which their zeal and philanthropy so justly entitle them.

The agents which are employed in cases of suspended animation, are far too indiscriminately recommended; some of them, without doubt, offer valuable resources to the physician, and only require a judicious application to ensure their success; while others are entirely useless and frivolous, and ought to be dismissed from our service, since the retaining them only embarrasses the practitioner, and that too at a period which of all others requires the utmost decision in the selection of a plan of treatment, and the greatest promptness in its execution.

The following may be considered as the principal resources upon which the _Humane Society_ rely for restoration of persons apparently dead from sudden accidents, viz.

1. _Inflation of the lungs._
2. _Application of heat._
3. _Internal Exhibition of stimulants._
4. _Friction._
5. _Electricity._
6. _Exposure of the surface of the body to cool air._
7. _Blood-letting._

We shall offer a few observations upon the methods of applying these agents.

_On the manner of producing artificial respiration._

We are indebted to _Mr. Brodie_ for the valuable directions that are to guide the execution of this important operation. (_Manuscript Notes._) A common pair of bellows will be found as manageable and efficient an apparatus for the inflation of the lungs, as any instrument that could be contrived; those manufactured for the service of the Humane Society are not of a size sufficient to inflate the lungs of even a large dog, much less those of man; nor is it necessary to employ double bellows on this occasion, for the air will escape from the lungs without being withdrawn by suction; besides which, it is stated that the forcible exhaustion of the lungs is liable to occasion pulmonic hemorrhage. It has been proposed to insert the tube of the bellows into the trachea, by means of a wound in that structure, but there are great objections to such a proceeding; the hemorrhage which is likely to occur,[68] may inundate the windpipe; besides which, the operation occasions delay, which, however trifling, will be important in cases where the action of the heart has become much enfeebled; and moreover the wound itself is an evil which ought to be avoided, if artificial respiration can be established without it; and were these objections even overruled, there still remains another; experience has shewn that the air thus introduced issues by the opening of the larynx, without having dilated the lungs.

A tube may be constructed for the purpose of being inserted through the mouth into the _rima glottidis_; if the patient be sensible, the introduction of such a tube might be difficult; but as the patient is in a state of insensibility, the introduction may usually be effected without much difficulty, but not altogether without trouble; for the mere circumstance of having to open the mouth, to pull forward the epiglottis, to direct the tube into the proper aperture, may occasion delay which will be of importance in cases where success depends upon the skill with which the time has been economised.

It is for such reasons more expedient to inflate the lungs by means of a tube inserted into one nostril, keeping the other and the mouth carefully closed: the bellows having been thus disposed, the air should be driven into the lungs with a certain degree of force; the lungs will thus become fully inflated, and in the intervals between the different inflations, the air from the lungs will escape by the mouth and by the other nostril, and when the lungs are thus emptied, the process may be repeated. There is but one objection to this method of exciting artificial respiration, viz. that at each inflation, a portion of air will sometimes find its way into the stomach, through the œsophagus: it is very desirable to prevent such an occurrence, for when the stomach is much distended with air, the descent of the diaphragm is prevented, and, consequently, a perfect inspiration cannot be accomplished. The passage of air into the stomach may be prevented by pressing on the thyroid cartilage, so as to close the communication between the pharynx and œsophagus. All that is necessary for the operator is, to produce the inspiration; we are recommended indeed to press the margin of the ribs gently upwards, so as to expel the air, and produce expiration; but this is altogether unnecessary, for the elasticity of the ribs, and the pressure of the abdominal muscles and viscera, and the elasticity of the lungs themselves, are quite sufficient to occasion the expiration without any assistance from external pressure. We must not omit to state that the inhalation of oxygen gas, instead of common air, has been strongly recommended, not only as being in itself a more powerful stimulus, but as being more efficient in the removal of the accumulation of that carbonized matter which, under ordinary circumstances of respiration, is regularly thrown off; the practical eligibility however, of such a plan is very questionable, and to say nothing of the difficulty of obtaining oxygen upon an occasion where the least delay is fatal, it is very doubtful whether the effects of this gas are really such as our theory would at once lead us to believe. We have deemed it necessary to enter into these details, in order to afford some practical instruction upon a subject of manipulation but little understood, but which is undoubtedly the most valuable of all the resources which art can furnish for the preservation of human beings that are in danger of perishing from accidental causes. The principal circumstances to be remembered are comprised in the following precepts.

1. The lungs are to be sufficiently, but not too much inflated.

2. The inspiration must be made of sufficient frequency.

3. The air is to be allowed a free exit from the lungs, so that the
same air shall not be transmitted more than once.

4. The method of inflating the lungs must be simple, and easy of
adoption; for as the interval of time, during which the artificial
respiration can possibly be of any service, is very limited, it is
important to avoid whatever may occasion the least delay.

_Application of Heat._

There is perhaps no medium through which we can more successfully apply heat to the human body than that of the bath, because we can manage its application with precision; we know the exact degree of heat, and can avoid applying it in extremes; we, at the same time, can communicate it more rapidly, and more equally, than by any other means, and we are enabled to increase or diminish the temperature, by the addition of fresh portions of water, as circumstances may render it expedient.

_Internal Exhibition of Stimulants._

The introduction of fluids into the stomach is not an easy process in many cases of suspended animation, as _trismus_ is by no means an uncommon occurrence; where, however, the spasm of the jaw has subsided, the practitioner with a little address may by means of a flexible tube easily accomplish his object. Glysters will likewise furnish an easy mode of applying stimulants.

_Electricity._

No sooner was the discovery made that galvanism is capable of exciting muscular contraction in animals apparently dead, than the physiological enthusiast seized it with avidity, and at once hailed it as the long desired influence that was to restore vigour to the enfeebled, and resuscitation to those that were in a state of suspended animation. It had been long known that muscles could be made to contract, by irritating the nerves belonging to them with the point of the scalpel, but not in a degree that remotely approached the vigorous contractions occasioned by the galvanic influence, whose stimulus seemed almost equivalent to that of volition. The sanguine expectations, however, which were thus very naturally excited, have ended in the most complete disappointment; and we are bound to confess that although _galvanism is capable of exciting extraordinary contractions in the_ VOLUNTARY _muscles, and of astonishing the multitude, yet its influence does not extend to those that are_ INVOLUNTARY. _Bichat_ states distinctly that _the involuntary muscles are beyond the reach of galvanism_.[69] Mr. _Brodie_ has frequently attempted to restore the heart’s action by the galvanic stimulus, in an animal dead from syncope, but never with success. The author of the present work may add, that he has attempted the same object by modifying the experiment in several different ways, but with no better success. But it may be said that, as galvanism will excite the contractions of the diaphragm, and other muscles of respiration, it may be made subservient to the purpose of producing artificial respiration: granted,—but it never can be made to act with the certainty, regularity, promptness, or convenience, which attend the operation of a common pair of bellows, nor even if it could, would any advantage be obtained which might not be equally insured by the use of this latter simple instrument. It is, moreover, questionable whether so powerful a stimulus may not produce a subsequent exhaustion of the muscular energy; such effect indeed would appear to have happened in the case related by Dr. _Babington_, where the asphyxia had been occasioned by the fumes of burning charcoal; “having passed,” says he, “a galvanic shock through the chest, the patient instantly, to our surprise, drew his breath deep; the muscles of the abdomen were seen to react, though feebly, while those of the face were slightly convulsed, and the eyelids were raised; at each successive application of this powerful agent, the respirations were more forcibly performed, and the stroke of the artery at the wrist rose in the same proportion. Having procured a bladder filled with oxygen gas, we caused it to be inspired, and we thought that it was followed by an increased activity of the powers of respiration and circulation; as the heat of the body was not deficient, we now sprinkled the face and chest with cold water, which also had the effect of rousing the dormant powers of sensation, as the respiratory muscles were uniformly thrown by it into action, though in a more feeble and interrupted manner than when we employed the galvanic influence. Having received a large supply of oxygen gas, we repeated the inhalation and the galvanic succussions alternately, through the chest and head, every half-hour, for three hours, when the galvanic influence was discontinued, as the heart, though uniformly excited by it, seemed in the intervals to act more feebly, and we were apprehensive that by exalting the action of one power continually, we might destroy that equilibrium of forces which is necessary to the maintenance of life.”[70]

TREATMENT OF PARTICULAR CASES OF ASPHYXIA.

CASE I.

_Wherein the action of the heart fails before that of the respiratory
organs._

In no case of this description can artificial inflation of the lungs afford the least assistance, for the left side of the heart always contains florid blood at the moment of its cessation; and since this fact proves that it failed in its action, while under the full influence of duly oxygenized blood, how can we expect that the stimulus, which was unable to preserve the heart’s action while yet in motion, shall be able to re-excite it after it has ceased? Such a practice can only have been suggested by that erroneous physiology which maintained that the motion of the lungs excited that of the blood.

The preservation of the body from the influence of external cold is always important, for it is only within a certain range of temperature that the vital functions can be performed; and during a state of asphyxia, the body is necessarily incapable of generating any portion of animal heat; where the heat is lost it should be gradually restored, and for such a purpose the introduction of wine, the volatile alkali, and other stimulants, into the stomach, by means of a flexible tube, would probably, in certain states of syncope, prove serviceable; although in cases of suffocation it can never occasion the least benefit. We have been also directed to employ frictions on the surface of the body, for the purpose of assisting the circulation of the blood; as if, says Mr. _Brodie_, (_Manuscript Notes_) this could answer any useful purpose where the action of the heart has ceased, or as if it could be necessary where it still continues.

Under the head ‘death from cold,’ we have stated that the left cavities of the heart contain florid blood; it therefore follows that the directions of the Humane Society, to inflate the lungs in such cases, are founded in error.

CASE II.

_Wherein the function of respiration ceases, while the heart continues
to circulate black blood._

It has been stated that in cases of suffocation the heart continues to contract for a short period, after the cessation of breathing; that this interval is extremely short, but liable to vary from several causes; and that it is uniformly shorter in cases of death by drowning, than in those by strangulation. To the physician this is an interval of anxiety and importance; let him beware how he trifles with the fleeting moments, in which alone the resources of his art can be of any avail. If artificial respiration be established at this period, the blood will become once more oxygenised, the action of the heart will be continued, the scarlet blood will be transmitted to the brain, and sensibility will therefore return; the nervous energy will be once more transmitted to the respiratory organs, and the animal will at length make a voluntary effort to inspire air. Here then is the interval of time, during which artificial breathing may be employed so as to effect a restoration to life, where death must otherwise have been inevitable. Mr. _Brodie_ has made a great variety of interesting experiments upon this subject, from which may be deduced the following important corollaries.

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.

SUICIDE.

Self-murder is ranked among the higher crimes, being a peculiar species of felony, as implied in the technical term _felo de se_. To constitute this offence, the party must be in his senses, else it is no crime; but this excuse ought not to be strained to that length to which our coroner’s juries are too apt to carry it,[88] viz. that the very act of suicide is an evidence of insanity; as if every man who acts contrary to reason, had no reason at all; for the same argument would prove every other criminal _non compos_, as well as the self-murderer. The law very rationally judges, that every melancholy or hypochondriac fit does not deprive a man of the capacity of discerning right from wrong; and, therefore, if a real lunatic kills himself in a lucid interval, he is _felo de se_ as much as another man. 1 _Hales, P. C._ 412. 1 _Hawk. P. C._ _c._ 27, _s._ 3.

As to the punishment which human laws inflict on this crime, they can only act upon what the criminal has left behind him,—his reputation and fortune; on the former, by an ignominious burial in the highway, with a stake driven through his body; on the latter, by the forfeiture of all his goods and chattels to the king.

In this as well as all other felonies, the offender must be of the age of discretion, and _compos mentis_; and therefore an infant killing himself, under the age of discretion, (of which some extraordinary instances have lately been related in the public journals) or a lunatic during his lunacy, cannot be a _felo de se_. 1 _Hawk. P. C._ _c._ 27, _s._ 1. _Crom._ 30, _a_ 6, 31; _Hales P. C._ 28; _Dalt._ _c._ 92; 3 _Inst._ 54.

He who kills another, though at his own desire or command, is a murderer;[89] and the person killed is not looked upon as a _felo de se_, in as much as his assent was merely void, being against the law of God and man; 1 _Hawk. P. C._ _c._ 27, _s._ 6; _Keilw._ 136; _Moor_ 754. But query, as he is the guilty cause of his own death, is he not a felon? for if the question had been of the death of another, his consent to it would have been equally against the laws of God and man; yet if poison were given by his direction or command, even though he were not present, and might have repented, it would be murder, much more then, when he actually assists at the perpetration.

Further, as to what a _felo de se_ shall forfeit, it seems clear that he shall forfeit all chattels, real or personal, which he hath in his own right; and also all chattels real, whereof he is possessed jointly with his wife, or in her right; and also all bonds and other personal things in action, belonging solely to himself; and also all personal things in action, and as some say, entire chattels in possession, to which he was entitled jointly with another, on any account, except that of merchandize. But it is said, that he shall forfeit a moiety only of such joint chattels as may be severed, and nothing at all of what he was possessed of as executor or administrator; 1 _Hawk. P. C._ _c._ 27, _s._ 7, and authorities there. However the blood of a _felo de se_ is not corrupted, nor his lands of inheritance forfeited, nor his wife barred of her dower. 1 _Hawk. P. C._ _c._ 27, _s._ 1; _Plowd. Com._ 261 b, 262 a; 1 _Hales, P. C._ 413. The will of a _felo de se_ becomes void as to his personal property, but not as to his real estate. _Plowd._ 261.

Not any part of the personal estate is vested in the king, before the self-murder is found by some inquisition; and consequently the forfeiture thereof is saved by a pardon of the offence before such finding; 5 _Co. R._ 110 b; 3 _Inst._ 54; 1 _Saund._ 362; 1 _Sid._ 150, 162. But if there be no such pardon, the whole is forfeited immediately after such inquisition, from the time of the act done, by which the death was caused; and all intermediate alienations and titles are avoided. _Plowd. Comm._ 260; _Hales P. C._ 29; 5 _Co. R._ 110; _Finch._ 216. All such inquisitions ought to be by the coroner _super visum corporis_, if the body can be found; and an inquisition so taken cannot, as some say, be traversed. _Hale, P. C._ 29; 3 _Inst._ 55; 1 _Hawk. P. C._ _c._ 27, _s._ 9, 10, 11. But see also 3 _Mod._ 238, 1 _Burr._ 17.

But if the body cannot be found, so that the coroner, who has authority only _super visum corporis_, (vide ante. p. 93), cannot proceed, the inquiry may be by Justices of the Peace, (who by their commissions have a general power to inquire of all felonies,) or in the King’s Bench, if the felony were committed in the county where the court sits; and such inquisitions are traversable by the executor, &c. 1 _Hawk. P. C._ _c._ 27, _s._ 12; 3 _Inst._ 55; _Hales P. C._ 29; 2 _Lev._ 141.

Also all inquisitions of this offence being in the nature of indictments, ought particularly and certainly to set forth the circumstances of the fact; and in conclusion add, that the party in such manner murdered himself. 1 _Hawk. P. C._ _c._ 27, _s._ 13; 3 _Lev._ 140; 3 _Mod._ 100; 2 _Lev._ 152. Yet if it be full in substance, the coroner may be served with a rule to amend a defect in form. 1 _Sid._ 225, 259; 3 _Mod._ 101; 1 _Keb._ 907; 1 _Hawk. P. C._ _c._ 27, _s._ 15.

If a person is unduly found _felo de se_; or on the other hand found to be a lunatic, when in fact he was not so, and therefore ought to have been found _felo de se_; although a writ of _melius inquirendum_ will not be granted, yet the inquisition is traversable in the King’s Bench. 3 _Mod._ 238.