Dr. Bell declined cross-examining Mr. Webber, and no other evidence being called, the room was then cleared of strangers and witnesses, and the jury proceeded to consider their verdict; after deliberating about 20 minutes, the foreman returned the following verdict:—“That William Swann died from an abscess in the capsule of the left bladder,” but on the suggestion of Mr. Crickmay, the coroner substituted the word “kidney” for “bladder,” remarking that, that was what the jury intended. One of the jury said that the foreman had not given the verdict exactly as agreed upon; and the foreman then added the words “and we are of opinion that deceased’s death was accelerated by improper treatment.”[56]Mr. Crickmay said, by whom do you consider improper treatment was used? The coroner observed “as for that,you and the public are to form your own judgment.”
Thus terminated a painful enquiry, on which a large volume might be written in behalf of humanity, expressing regret, for the sufferings of theunfortunate deceased—expressing regret that his care, his counsel, and his regard shown to his wife and children should be so untimely lost—expressing regret that the good intentions of Mrs. Shirley should apparently, through misplaced confidence, be frustrated—expressing regret, that a professional gentleman standing in this case in an awkward position, should make a more awkward defence, in apparently endeavouring to cast the blame on others, who wholly undeserved it—expressing regret that a member of the Royal College of Surgeons, in Ireland,[57a]who is supposed to possess an acquaintance with the tissues and structures of the human body, apparently forgot that the larger an instrument, called a sound, can enter a canal at a given part, the less danger there is of rupturing a tube, or wounding a delicate membrane. But above all, expressing regret, that having apparently neglected the precaution given by Mr. Webber not to use force; having witnessed the agony accompanying inflammatory action which followed, he persisted to combat it by such apparently vague medical treatment.[57b]For this it appears was nearly sending Swann to a still earlier grave. His life, however was for a time preserved through the skill and perseverance of Mr. Webber, and the great attentionMrs. Phillips, the nurse, paid to the deceased. But the days of the poor agricultural labourer were numbered; and his earthly sufferings having ceased, an earnest hope may be expressed that his ethereal spirit—his soul, may be now slumbering in the bosom of his Father, and his God.
The cases narrated, plainly demonstrate that care, tact, delicacy, and discernment, are required at coroners’ inquests—for a two-fold object must be kept in view:—the one to ascertain the proximate cause of death, whether arising from natural or mechanical events, and the other, whether the law can take cognizance of, and bring to justice the incautious, the ill-disposed, and possibly the gross offender against the laws of his country.
To the departed, these duties are of little moment, but to the living, they demand the greatest attention, not the less owing to the voice of humanity towards the friends of the deceased than to individuals, who innocent or guilty, may be directly or indirectly, suspected or implicated, in conniving or hastening, the death of a fellow creature.
It may be inferred, that jurymen[58]ought to asserttheir right[59a](whilst the memories of learned coroners are sleeping) to ask questions, necessary to obtain evidence, that their minds may be so enlightened, as to record just and complete verdicts, even in Mala Praxis, for why should truth be withheld, when the Science of Medicine, with sound surgery for its helpmate, are being sullied in glory?
But it must be borne in mind, that a jury of men labouring in other vocations, living in a remote village, seldom attending coroners’ inquests, whose education is so limited, as not to be competent to seek for information, which the knowledge of medical jurisprudence inculcates, are the reasons why they must and do rely on the coroner to extract the evidence required; that their ideas of right and wrong may rest on the solid foundation of truth itself, which cannot be effected, unless the judge on obtaining evidence, explains the law bearing on the question, and introduces both, suitably to their comprehension.[59b]
Unless this object is realized, coroners’ inquestsare perfectly useless, and evidently prove there must be something “rotten in the state of Denmark,” which if enquired into, will be found to prevail in many instances even where gentlemen in the legal profession are coroners. But how can it be otherwise? Their knowledge of medical jurisprudence, if to a certain extent comprehended, must be far too limited to conduct enquiries of grave importance. The want of sound medical knowledge must prove the hindrance, because it is frequently observed when medical gentlemen give evidence, they use technicalities employed in the profession, and by stepping into details, they bewilder their hearers, and sometimes themselves also.[60]Therefore it may be assumed, that great tact and discrimination is required in the examination in any case where medical evidence is of paramount importance, and consequently it may be believed, that unless gentlemen are properly educated, so as to be able to elicit important truths connected with the science of medicine in all its branches, as well as the legal points in coronership, they cannot be capable of conducting inquiries, in all the integrity, which these solemn occasions demand.
In conclusion, the following queries may not be deemed impertinent or superfluous:—
Is it customary for coroners to be petulant, irascible, and over desirous to close their enquiries?
Is it customary for witnesses to omit signing the depositions of their evidences?
Is it customary for coroners to allow disputations to exist in their presence, which do not appear to harmonize with the solemn character of coroners’ courts?
Is it customary with coroners to omit calling evidence that might be material towards corroborating testimonies where conflicting evidences arise, or links in the chain of evidence are broken?
Is it customary for coroners previous to summing up, to order their courts to be cleared of witnesses, strangers, and reporters, who had been admitted to hear the evidence?
Is it customary for coroners to summon witnessesin person, especially in cases of adjournment, where grave evidence has previously been given on oath?
Is it customary for coroners at adjourned inquests, to call upon parties, in person, suspected of felony, to inform them of it?
Is it customary for coroners to allow suspected parties present at inquests, to hold earnest conversation with jurymen, during enquiry?
In inquests of grave importance, is it advisable for coroners to summon jurymen all of one parish, especially if the jurymen are directly or indirectlyconnected with parties accessory before the facts, in cases of suspected felony?
If coroners doubt the veracity of a medical witness, and they state their reasons for doing so, are they not bound to suggest to the jury the propriety of calling other medical witnesses?
Is it customary for coroners to omit to recapitulate the evidence at the summing up, and neglect to explain the bearings of the law upon the various issues?
Is it customary for coroners to dictate verdicts, instead of leaving juries to come to their own unbiassed, deliberate, and honest conclusions?
Decorative graphic ‘finis’
S. DAYNES, PRINTER, NORWICH.
BY THE SAME AUTHOR:ABOUT TO BE PUBLISHED BY SUBSCRIPTION,UNDER DISTINGUISHED PATRONAGE.
Revised and considerably enlarged, a Second Edition of
AN ESSAYON THEENCROACHMENTSOF THEGERMAN OCEAN,WITH ADesign to arrest its further depredations, applicable to theNorfolk and other Coasts, by taking every particularrespecting them into consideration.
TheWork will be interspersed with elaborate drawings of Cromer, Hasborough, &c., accompanied with diagrams, showing the full extent and meaning of the author, who, owing to repeated solicitation to introduce another Edition, and having obtained valuable and more ample information, announces his intention to comply, believing that this important subject may yet become, as it ought to do, a matter for national attention, and national expense.
The interested therefore are respectfully informed, that if they coincide in the desire they expressed, and the offer proposed, orders must be sent as early as possible, direct to the author, North Walsham, Norfolk.
The Work will be published in Royal quarto.
Price to Subscribers, £1 1s. 0d.—Non Subscribers, £2 2s. 0d.
“The work is another interesting addition to Norfolk literature, and the plan for the conservation of our Northern shores, is worthy attention, as coming from a gentleman, who, to some experience at least, adds the claim of having paid considerable attention to a subject of no little importance to the Northern and Eastern districts of the County.”Norwich Mercury.“The subject of this Essay is indeed of prime importance—First in a national point of view, as embracing particularly the interest of the public, and concerning in the closest manner the preservation of all the property of individuals situated on the contour of the coast of Norfolk, from the North Westerly point at Wells, to the Haven of Great Yarmouth.“The main object of the enquiry is to discover the best plan of restraining the ravages of the sea, during the periods of extraordinary high tides; and on this point we entirely agree with Mr. Hewitt’s general view, and are strongly inclined to believe that it will answer in most cases where it may be judiciously carried into effect”Norfolk News.“The publication of this volume may be considered well timed. It contains much information respecting the tides and currents of the ocean—the formation of the Norfolk Coast—the damage done by irruptions of the sea, &c. We are no engineers, therefore we do not pretend to pronounce upon the merits of Mr. Hewitt’s plan for the construction of jetties, breakwaters, &c.; but it appears feasible, and merits the consideration of those whose property has been, and is threatened to be injured by the incursions of the ocean. And we consider the work (which is dedicated to the Lords of the Admiralty,) to be creditable to the industry of the Author.”Norfolk Chronicle.“The author is a gentleman, whose profession (a surgeon,) could hardly be supposed to allow him much time to devote to a subject such earnest thought and investigation, as the one he has here attacked. Mr. Hewitt, however, has evidently applied himself to this question con amore, and the work now before us evinces that he has brought to its consideration, a mind capable of patient and careful research into the many and varied causes that bear upon it. Though undertaken more especially with a view to searching out and propounding a remedy for the locality of which it immediately treats, a considerable portion of the work refers to the Encroachments of the Ocean generally, upon all exposed points of the coast, and there is much in it that would apply to the Southern, as forcibly as to the Eastern coast“Mr. Hewitt describes the plan which he recommends as the best mode of imposing a check to the Encroachments of the Ocean, and shows the supposed elevation of the beach from the deposit of sand likely to be caused by the inventor’s plan.“The work is written in an earnest, but modest and unpretending style, and the aim of the author is so good and praiseworthy, that should it fail to make the impression on head quarters, desired by its writer, he will, under all circumstances, have the satisfaction of feeling that he has laboured in a good cause. While other minds may perhaps entertain different views as to the utility or practicability of his scheme, they cannot fail to admit Mr. Hewitt deserves the thanks of his country, for the benevolent motives which have actuated, and the patient and diligent care which has directed his efforts in the field in which he has thus become a labourer.”Sussex Advertiser,and Surrey Gazette.“A remarkable ‘Essay’ which has met with the usual attention bestowed upon Cassandric warnings.”Dickens’ Household Words.
“The work is another interesting addition to Norfolk literature, and the plan for the conservation of our Northern shores, is worthy attention, as coming from a gentleman, who, to some experience at least, adds the claim of having paid considerable attention to a subject of no little importance to the Northern and Eastern districts of the County.”
Norwich Mercury.
“The subject of this Essay is indeed of prime importance—First in a national point of view, as embracing particularly the interest of the public, and concerning in the closest manner the preservation of all the property of individuals situated on the contour of the coast of Norfolk, from the North Westerly point at Wells, to the Haven of Great Yarmouth.
“The main object of the enquiry is to discover the best plan of restraining the ravages of the sea, during the periods of extraordinary high tides; and on this point we entirely agree with Mr. Hewitt’s general view, and are strongly inclined to believe that it will answer in most cases where it may be judiciously carried into effect”
Norfolk News.
“The publication of this volume may be considered well timed. It contains much information respecting the tides and currents of the ocean—the formation of the Norfolk Coast—the damage done by irruptions of the sea, &c. We are no engineers, therefore we do not pretend to pronounce upon the merits of Mr. Hewitt’s plan for the construction of jetties, breakwaters, &c.; but it appears feasible, and merits the consideration of those whose property has been, and is threatened to be injured by the incursions of the ocean. And we consider the work (which is dedicated to the Lords of the Admiralty,) to be creditable to the industry of the Author.”
Norfolk Chronicle.
“The author is a gentleman, whose profession (a surgeon,) could hardly be supposed to allow him much time to devote to a subject such earnest thought and investigation, as the one he has here attacked. Mr. Hewitt, however, has evidently applied himself to this question con amore, and the work now before us evinces that he has brought to its consideration, a mind capable of patient and careful research into the many and varied causes that bear upon it. Though undertaken more especially with a view to searching out and propounding a remedy for the locality of which it immediately treats, a considerable portion of the work refers to the Encroachments of the Ocean generally, upon all exposed points of the coast, and there is much in it that would apply to the Southern, as forcibly as to the Eastern coast
“Mr. Hewitt describes the plan which he recommends as the best mode of imposing a check to the Encroachments of the Ocean, and shows the supposed elevation of the beach from the deposit of sand likely to be caused by the inventor’s plan.
“The work is written in an earnest, but modest and unpretending style, and the aim of the author is so good and praiseworthy, that should it fail to make the impression on head quarters, desired by its writer, he will, under all circumstances, have the satisfaction of feeling that he has laboured in a good cause. While other minds may perhaps entertain different views as to the utility or practicability of his scheme, they cannot fail to admit Mr. Hewitt deserves the thanks of his country, for the benevolent motives which have actuated, and the patient and diligent care which has directed his efforts in the field in which he has thus become a labourer.”
Sussex Advertiser,and Surrey Gazette.
“A remarkable ‘Essay’ which has met with the usual attention bestowed upon Cassandric warnings.”
Dickens’ Household Words.
[7]Those havens that lie towards France, and have been thought by our kings to be such as ought most vigilantly to be observed against invasion. In which respect, the places where they have a special governor or keeper, called by his office, Lord Warden of theCinque Ports; and various privileges granted to them, as a particular jurisdiction; their Warden have an authority among them, and sending out writs in his own name. The Ports are Dover, Sandwich, Rye, Hastings, Winchelsea, Romney and Hithe. Some of which as the number exceeds five, must either be added to the first institution by some later grant or accounted as appendant to some of the rest.
[17]VideSewell, on the Law of Coroners.
[28]What were the tests applied, to prove that Laudanum had been administered to the infant? If the child did not die from the effects of Laudanum, what caused its death?
[32]Lord Lyndhurst, in a recent case, laid down the following rule:—
“In these cases there is no difference between a licensed physician or surgeon, and a person acting as physician or surgeon without license. In either case, if a party having a competent degree of skill and knowledge, makes an accidental mistake in the treatment of a patient, through which mistake death ensues, he is not thereby guilty of manslaughter.”“But if where proper medical assistance can be had, a person totally ignorant of the science of medicine—takes on himself a violent and dangerous remedy to one labouring under disease, and death ensues in consequence of that dangerous remedy having been so administered, then he is guilty of manslaughter; or a man may be guilty of manslaughter if, notwithstandinghe has a competent knowledge of medicine,he be guilty of gross rashness in the application of a remedy or gross negligence in attending his patient afterwards. Also, where a man doing a lawful act, which is at the same time dangerous, he neglects to useproper caution, death ensues, if it takes place within atwelve monthand a day; but if his life exceeds that period, the law will presume that his death proceeded from some other cause than the wound.”—1 Hawk, P. C. 23 s. 90.“If a man be sick of a disease which in all likelihoods would terminate his life, and another give him awound or hurt which hastenshisdeath, this is such a killing as would constitute murder.”—See 1 Lord Hale, 428.—VideSewell, on the Law of Coroners.
“In these cases there is no difference between a licensed physician or surgeon, and a person acting as physician or surgeon without license. In either case, if a party having a competent degree of skill and knowledge, makes an accidental mistake in the treatment of a patient, through which mistake death ensues, he is not thereby guilty of manslaughter.”
“But if where proper medical assistance can be had, a person totally ignorant of the science of medicine—takes on himself a violent and dangerous remedy to one labouring under disease, and death ensues in consequence of that dangerous remedy having been so administered, then he is guilty of manslaughter; or a man may be guilty of manslaughter if, notwithstandinghe has a competent knowledge of medicine,he be guilty of gross rashness in the application of a remedy or gross negligence in attending his patient afterwards. Also, where a man doing a lawful act, which is at the same time dangerous, he neglects to useproper caution, death ensues, if it takes place within atwelve monthand a day; but if his life exceeds that period, the law will presume that his death proceeded from some other cause than the wound.”—1 Hawk, P. C. 23 s. 90.
“If a man be sick of a disease which in all likelihoods would terminate his life, and another give him awound or hurt which hastenshisdeath, this is such a killing as would constitute murder.”—See 1 Lord Hale, 428.—VideSewell, on the Law of Coroners.
[39]A term given to a fluid attending suppuration, one of the consequences of inflammatory action.
[46]In the course of the enquiry, the coroner remarked he did not know who might have got up that inquest, and that had he been apprised of it, he should haveappointed some person unacquainted with the deceased and the circumstances, to have made the post mortem examination. Mr. Webber observed, “Sir, you cannot be in doubt upon that score, as you must admit, on the 15th of May, I enclosed you a note from Mr. Pilgrim, your brother coroner, to whom, supposing him to have been the coroner for the district, I mentioned all the circumstances connected with the deceased, and he conceived it was a proper case, in justice to all parties, that an inquiry should take place; and sir, I apprehend I have done your friend, on your left, no injustice, by getting his own friend Mr. Coleby to examine the body, for you cannot suppose, that the very cordial manner in which you saw Mr. Coleby shake Dr. Bell by the hand, he could have had any unfair or ill feeling towards him.”
[49]This was a new instrument, admirably adapted for the detection of stone, lately invented by Mr. Webber, and manufactured by Ferguson, of Smithfield.
[52]Nux.Nux Vomica Strichnia. This is a well-known remedy as a theraputic agent in cases of paralysis. If this, or other medicines used by Dr. Bell, aggravated the misery of the sufferer, possibly that gentleman, who it appears was educated in the Allopathic School, might have used them in larger doses than is prescribed by a real disciple of the German Hahnemann. Be this as it may, it furnishes a precious example to those who follow such vague practise in grave disease, where the life of the afflicted verges on eternity. Yet, surely, none but vain and ignorant people, assumed or real, can believe in the shadow of a shade, though introduced with all the seductive novelty which specious artifice and subtle ingenuity can devise, as promulgated in the doctrines of a visionary enthusiast and his followers.
[55]Metastasis or translation of disease frequently takes place at a remote distance from the original seat of mischief, involving tissues belonging to vital organs, and the afflicted sink through inanition or loss of vital power.
[56]A verdict is altogether a matter of substance. All the facts and circumstances must be stated with certainty and precision, without any repugnancy or inconsistency; and where it contains a charge, the charge must be direct and positive.—Vide Sewell on the Law of Coroners.
[57a]So stated in the Medical Directory.
[57b]This forms the nucleus for other observations, at a convenient opportunity.
[58]The jury are to inquire into and judge of all matters of fact connected with the death of a party, and in certain cases of flight, forfeiture, deodands, &c. and for that purpose to receive such evidence as may appear necessary. But they may give a verdict without testimony, where they themselves have cognizance of the fact; but if they give a verdict on their own knowledge, they ought to inform the court so. They may however be sworn as witnesses, and the fair way is to tell the court before they are sworn, that they have evidence to give.
[59a]According to Lyttleton, in which opinion Lord Coke concurs, if the jury will take upon themselves the knowledge of the law, the coroner is bound to accept the presentment which the jury make.
[59b]But it appears (and very judiciously so) that the immediate and direct right of deciding upon questions of law is entrusted to the court, while in the jury, it is at most only incidental; that in the exercise of this incidental right, the latter are not only placed under the superintendence of the former, but in some degree controllable by them; and therefore, that in all points of law during an investigation, the jury ought to show the most respectful deference to the advice and recommendation of the court.—VideSewell on the law of coroners.
[60]Each Art and Science has its technicalities, which must be used to designate the component parts severally connected with a whole. Therefore, if hearers, particularly judges, do not understand evidence minutely given by medical gentlemen: the latter become confused, owing to using language perfectly comprehensible to themselves, but provokingly incomprehensible to others.