The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-08
The suppossd Murder.
Coroner's Inquest on the supposed remains Of DIR.
Geo. PGknan-Legdl question as TO the admission
Of The Press.


which led to the supposed death of DIR. Parkman
and the discovery of the remains, &c, at the
Medical College, assembled agreeaby TO adjourn
ment, IN Ward Room No 7, City Buildings, Court
Square.
The juryi composed Of the following gentlemen,
to wit; Osmyn Brewster, foreman; John l.. An
drews, secretary; and Lewis Jones, Pearl Martin,
Thomas Restieaux, and Harum Merrill
Upon direction of the coroner, constable h. j.
Jones made due proclamation for all persons hav-
ing any knowledge whereby DR.. George Parkman
came TO his death, to come forward and they
should be heard.
Coroner Pratt then stated that before any fur
Their proceedings, S. ID. Parker, esq, would make
statement upon question which il was proper
should be inquired into.
MIR. Parker appeared and spoke substantially
follows
Mr.. Coroner and Gentlemen of The Jury. was
called upon at my office this morning by Osmyn
Brewster, esq, the foreman of this Jury of In
quest, and he propoundcd this question TO
Dire tie Investigations of Coroners Inquest necessa-
r'iy public or may hey6 lao be priuate'
My answer was, that thought it was proper
that the opinion of Hon. John II. Clifford, the AT
torney General, should be taken on this subject
that he was the high law officer of the government,
and that a question of such high moment as the
matter under consideration was in his paramount
jurisdiction and should be left to him. told Mr..
Brewster that j supposed Mr. Clifford was at his
residence III Now Bedford, but as several import
ait trials were in progress of preparation, did not
kno,o he was there and would inquire of Colonel
HATCH of the New Bedford Express, concerning
him. also told Mr. b. that if Mr.. Clifford could
not be found, would prepare myself to give
legal opinion, and would see MIR. Brewster in half
an hour on the subject.
have since seen Colonel Hatch, and he was of
opinion that Mr.. Clifford was not at New bedford
but said his law partner was in town, and he could
seek information from him. My advice to Mr..
Brewster and the jury, therefore, il, that a tee-
graphic despatch be sent to New Bedford to ascer-
tain if Mr. Clifford is there, and if So to lay the
matter before him.
| will state further that | have consulted civ ar
eight distinguished members of the bar one Judge
OF the court OF common pleas, the present mayor
and three of the aldermen, an ex-mayor, and also
placed the matter before the judges of the Supreme
Court at their chamber.
After private consultations the Judges of the SUI
preme court declared they thought it not proper for
them to express any opinion on the question
A few moments sincG accidentally met, in
front of this building, Robert g. Shaw ESQ.,, who
expressed a most earnest wish and desire on the
subject.
For the present, gentlemen forbear to give NV
own opinion.
Mr.. Parker having concluded, the inquest was
adjourned until II O'Clock, m. for the purpose of
telegraphng to Mr.. Clifford, as suggested.
IL O'CLOCK NJ.
The jury convened according to adjournment.
In about fifteen minutes S. D. Parker esq.,. APP
peared and read the following written opinion:
"MR. CORONER AND GENTLEMEN: 1t being now
ascertained that the attorney general is where a
Geographic communication cannot be made to him.
will express my opinion upon the points proposed
to me.
''Thc powers and duties of the coroner DEPEND in
Massachusetts upon the statute law, and are very
different here from what they are in England by
the common law. The 140th chapter of the Revised
Statutes is very explicit in many particulars, but is
silent upon some subjects Much is left to tho dis
erection of the coroner and am of opinion that it
is wholly within the exercise of the sound discre-
ton of that officer, whether the testimony of wit
nesses should be taken before the jury of inquest
publicly or privately
''In some cases, public examination of the wit
nesses, and publication of their testimony, might
defeat the ends OF public justice. The 10th section
provides that II any person charged by the inquest
shall not be in custody the coroner shall have power
to issue process for his apprehension As any
evidence is published tending to implicatc person.
he would have, IN most cases, an opportunity to
escape In some respects, the inquest of coroners
jury resembles analogous inquiry by the grand
jury of the criminal court, which is always secret
"Many other evils may be suggested, which may
arise in cases of great impression and excitement,
from publication of the testimony as it progresses
before the coroner's jury, and which would be det-
rimcntal to the public justice; in pre-occupyng and
perhaps misdrectng public opinion, creating great
dlthculty In getting an impartial panel of jurors
at the trial. exposing the material witnesses TO per-
sonal attacks, or attempts to tamper with them or
inducements to avoid, &c.
81 have no doubt of the power of the coroner to
decide whether the examination of witnesses shall
be public private 1t is within his official dis
cretion to be exercised in each particular case ac
cordng To the circumstances OF that case: and in
this case, 1t is his privilege and duty 10 decide the
mode of proceeding IL it is his WISH or the INQUEST
desire that should express my opinion upon the
question OF expediency on the present occasion,
do not hesitate TO advise that the proceedings before
the coroner's jury be private up TO the time of the
signing of the verdict.
81 have consulted several eminent gentlemen of
the bar, and several persons in high official station
and there is difference of opnion-they all con.
cur in the same opinion. have asked the friends
of the deceased, and of the friends of person
supposed TO be interested in these proceedings. /
ma fHFt n fha
that person. He has no desire to have the exami-
nation private, and expressed desire to have il
public, and thought that he should not interfere in
any way To affect the coroncr's decision.
(signedl SAMUEL ID. PARKER"
Atty of Commonwealth, County of Suffolk
Coroner Pratt then stated that he was called
upon to make decision, he begged to say, that
during the long term of fifteen wears I'm which ne
bad acted az coroner he had never had before him
80 peculiar n case, and one that gave him so much
pain az the one at present
He had the highest respect for the gentlemen of
the press, and for the press itself, and ever
ready 10 impart all official information in his power
but in the present he felt constrained 10 decide
after much reflection the subject, and consuta
ton with the members Of the jury and with emf
ncnt legal gentlemen that the examination must be
strictly priudte, at least for the present
IL was apparent 10 all concerned that this
was most extraordinary in It's general features
would undoubtedly be extremely intricate i'm its
details and had already caused Intense public ex-
cicment, which the publication of the proceedings
of this examination might not have n tendency To
abate.
Ono strong reason for his decision was that the
testimony in this entirely different in its
character from that in most cases of murder, such
az those Of Peter York and Washington Goode
where simple facts were testified to by the wit
nesses cognizant Of the same. Here much Of the
evidence was documentary, involving the contents
of private papers, &c, both of the supposed de-
ceased and another individual, which twas deemed
advisable that for the present the community should
not be made acquainted with, and there was com
paravcly little personal testimony in the case 80
far as he was informed.
Mr. Pratt said, in conclusion. that perhaps this
exclusion of the press would not continue through
out the entire examination, and that if the embargo
was raised due and general notice Of the fact would
be given 20 all concerned
The room being then cleared Of all persons not
present under the legal summons, the jury pro.
cecded with their Investigations in secret session
To carry out the design of secresy perfectly M
possible, il ordered that the witnesses should
be examined separately, and all but the one under
going examination be excluded from the room.
Boston Transcript Dec. 5H.