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III.

SUBPOENAS FOR WITNESSES.

IV. OF THE EXAMINATION.

V. INQUISITION OF JURY.

VI.-PROCEEDINGS OF CORONER.

VII-RETURNING EXAMINATION AND RECOGNIZANCES.
VIII.-JUSTICES WHEN TO ACT AS CORONERS

IX.-DISPOSITION OF MONEY FOUND ON DEAD BODIES.
X.-INVESTIGATION OF THE ORIGIN OF FIRES.

THE Coroner's is a very ancient office at the common law, and is of equal antiquity with the sheriff. A coroner's jury is not limited on their inquiry, like a jury upon the trial of one charged with crime. Their duty is to determine if a crime has or has not been committed, and who perpetrated, or caused the same to be perpetrated, and all the circumstances attending it. In this country no person can be tried upon a coroner's inquisition, yet the inquisition of a coroner's jury finding a person guilty of murder, has about the same force against the accused until the grand jury passes upon his case, that an indictment found by them has thereafter, prior to his trial. In England, however, a defendant may be prosecuted for murder by coroner's inquest, and the finding of such inquest there, is equivalent to the finding of a grand jury; and in cases of murder or manslaughter, where besides the indictment, there is also a coroner's inquisition, it is usual to arraign the prisoner on the inquisition, immediately after arraigning him on the indictment, and to try him on both at the same time. There is, however, this difference between the effect of the two in England, and also in this country, the finding of a grand jury is regarded as of more weight than an inquisition taken before the coroner, as the court will, in their discretion, bail after the latter, but generally refuse after the former; the reason of which may be that in the one case they look into the depositions to see if the evidence supports the charge of murder, whereas in the other the investigation is secret, and does not always admit of a summary revision.'

1 1 Blac. Com., 347.

Cro. on Sheriffs, 918.

Peo. v. Collins, 20 How., 116; 1 Arch. Cr. Pr., 108; 1 East. P. C., 371; 1 Chit. Cr. L., 164.

SECTION I.

JURORS TO BE SUMMONED.

Whenever any coroner shall receive notice that any person has been slain, or has suddenly died, or has been dangerously wounded, or has been found dead under such circumstances as to require an inquisition, it shall be the duty of such coroner to go to the place where such person shall be, and forthwith to summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, and not exempt from such service, to appear before such coroner forthwith, at such place as he shall appoint, to make inquisition concerning such death or wounding.1

It is said that the coroner must summon the jurors in person. and that it must be done personally, in the same manner as jurors are summoned, by a sheriff or other officer, where the selection of the jurors is discretionary with him. He should exercise the same care in summoning the jurors as the officer is required to do in the case of jurors in a civil or criminal proceeding in courts of law. Care should be taken not to summon any person related to the deceased; and if the person who caused the death or wounding is known, or if any suspicion is entertained who he is, no person related to or connected with such person should be summoned; nor should any one who is known to be prejudiced for or against him, be summoned to act as a juror on the inquisition. The same care should be observed in such case to obtain a fair and impartial verdict, as upon the trial of the party accused of the offence; but the jurors, who are selected and appear, are not challengeable by either party. There can be but one inquest held upon the same body, and therefore the coroner who shall have first taken cognizance of the matter, shall have exclusive jurisdiction therein, unless the first inquisition shall be set aside. One inquisition may be held upon several dead bodies of persons who were killed by the same cause, and died at the same time. The place of holding the inquest must be within the county where such body was found, and in which such coroner

1 Laws 1847, ch. 118, § 1; 2 R. S., 742, § 1.

⚫ Crocker on Sheriffs, § 913; 2 Hale Cr. L., 59; Wood's Inst., b 4, c 1; 3 Barn. & Adol., 260.

resides, and may be at any place therein, but should be at a convenient place for such purpose nearest the body.1

And where, on a coroner's inquest, the jury found a verdict that the death was caused by suicide, and nearly five months afterwards the coroner summoned another jury and held a second inquest, at which the jury found that the deceased was killed by H. B., whereupon the coroner issued a warrant of commitment, under which he was imprisoned, on habeas corpus the accused was discharged from imprisonment, on the ground that the second inquisition was not authorized by the statute.2

SECTION II.

SWEARING THE JURY.

Whenever (six or more of the jurors) shall appear, they shall be sworn by the coroner to enquire how and in what manner, and when and where such person came to his death, or was wounded, as the case may be, and who such person was, and into all the circumstances attending such death or wounding, and to make a true inquisition according to the evidence offered to them or arising from an inspection of the body.3

After the jury have been sworn by the coroner, they with the coroner go together to view and examine the body of the deceased or the wounded person. It will not be sufficient that they view the body differently and at various times. And they cannot proceed upon the inquest until they have so viewed the body, and if it be buried it must be dug up. It is not necessary that the inquest should be held where the body is found, but after the body has been so viewed, the jury may return to some convenient place to hear the testimony of witnesses, and deliberate upon their verdict."

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SECTION III.

SUBPOENAS FOR WITNESSES.

The coroner has power to issue subpoenas for witnesses returnable either forthwith, or at such time and place as he shall appoint therein, and is the duty of the coroner to cause some surgeon or physician to be subpoenaed to appear as a witness upon the taking of such inquest, and every person served with any such subpœna is liable to the same penalties for disobedience thereto, and his attendance may be enforced in like manner as upon subpoenas issued in justices courts.1

The subpoenas may be served by the coroner himself, or by any other officer or person, as in other cases.2 The witnesses are not entitled to any fees for their attendance, and in case of nonattendance they may be compelled to attend by attachment.

SECTION IV.

OF THE EXAMINATION.

The coroner swears or affirms the witnesses produced and examined before the jury, and he also examines them and reduces their testimony to writing.3

The jury must hear all the evidence offered before them, whether it be in favor or against any party suspected of the killing or wounding, for the jury is to find all the circumstances attending the killing or wounding.4

Counsel may be present and assist the coroner in the examination of the witnesses, and the jurors may, if they see fit, put any proper questions to the witnesses, but the party suspected or charged with the crime has no right to produce witnesses on the inquest, or to cross-examine those produced on behalf of the people by himself or counsel. But it is the duty of the coroner to examine any witnesses he may have reason to believe may know anything concerning the matter pertinent to the enquiry,

12 R. S., 743, §§ 3, 4.

Croc. on Sheriffs, § 914.

• Cro. on Sheriffs, § 917; 2 R. S., 743, § 8; Id., 926, § 8, 4th ed.

Hale's Cr. L., 60, 62.

and to put to any witness any proper and pertinent question that the party may desire. Such party may, however, be attended by counsel on the inquest to advise with him as to his rights as to answering any question that may be put to him when under examination.

If the party accused of the crime be present at the inquest, and is there charged with the crime, or the testimony fastens the crime upon him, and he is called upon by the coroner to testify, it is his duty first to inform the accused that he is at liberty to refuse to answer any question that may be put to him.1

Where the prisoner was arrested by a constable without warrant, on suspicion of being the murderer of his wife, and taken before the coroner who was holding an inquest on the body of the murdered woman, by whom he was sworn and examined as a witness, it was held that his evidence thus given before the coroner was not admissible on the prisoner's trial for the murder.2 Upon an investigation of the nature treated of in this chapter, the coroner's jury is not limited in their inquiry like a jury upon the trial of one charged with the crime. Their duty is to determine if a crime has or has not been committed, and who perpetrated or caused the same to be perpetrated, and all the circumstances attending it, and any proper testimony tending in any degree to throw light upon the subject, may be properly given. Still nothing but legal testimony should be taken, and a mere matter of opinion, as to who the offender is, should not be permitted, nor should hearsay evidence be indulged in.3

The coroner may cause a post mortem examination of the body to be made by the surgeon or physician subpoenaed before him, if it shall be necessary, and the expense thereof shall be a county charge.4

If a physician render services upon an inquest, at the request of the coroner, without notice or stipulation, that he must not look personally to the coroner for payment; it is a debt of the coroner, and may be recovered from him by action."

1 Cro. on Sheriffs, § 917.

People v. McMahon, 15 N. Y. (1 Smith), 384. Vide Henderson's Case, Crocker v. Sheriffs, § 918.

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