The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-09-25

and was also probably varied on different
occasions. In modern times the principal
objection to the Coroner's jury has been Its
usclessncss. Ancicntly the jurors, or some
of them, usually were witnesses, being resi-
dents in the vicinity OF the spot where the
suspected crime was committed. Their own
knowledge, therefore, might sometimes
make them valuable assistants TO the Coro-
ner in his inquiry; but at the present time
witness would hardly he allowed to sit as
juror. The dulncss and folly OF Coroners'
jurics have long been satirizcd, often most
justly. In Massachusetts II was urged that
preliminary investigation. as to proba-
bility of guilt sufficient to justify arrest, can
best be made without invoking the aid OF u
jury, by single magistrate trained In the
law; and nasmuch M We trust such magis-
tratcs to conduct like investigations, unas-
sisted 10y any jury in large classes OF GRIM
inal cases already, we may safely do 80 in
those with which Coroncrs have hitherto
been concerned.
There is much force in this argument.
The legal question at the end Of most inn
pOrtant inqucsts is whether the suspected
person shall be discharged or hold to await
the action Of the Grand Jury. The magis-
trate alone, whether lac be Coroner or JUS
tice, ought to be as competent to decide this
in a case of alleged homicide as he is to de-
termino a similar question when it arises
upon u charge Of theft, where there Is no
jury to help him. 1t must be remembered
that the verdict of Coroners jury is really
of no avail to accuse or protect, as 1t has
neither the effect Of an indictment nor Of an
generation. The Grand Jury may, and
frequently does, absolutely disregard II.
But there is one view in which the Coro-
ncr's jury sonnet times appears useful to the
public. Not unfrcqucntly it is Il safeguard
against corrupt or improper action on the
part of the Coroner himself. Where great
political or corporate interests are at stake,
Coroner who might do wrong. If alone. is
forced 60 do right by the action Of his jury.
or course this seldom happens except when
the best citizens are summoned to serve as
Jurors. And We doubt whether it H. under
any circumstances, u sufficient reason for
retaining the Coroncr's jury; for, after all,
magisteral rcctitude is best secured 10y APP
pointing competent persons to Office, and
providing efficient means for their speedy
removal when they are undutlful.
We now come to the question whether we,
in New York, are also prepared 10 abolish
the Office VI Coroner. Shall We, too, adopt
the system just established in Massachu-
settsl 1t is, perhaps, too soon TO answer
these questions dcnnitivcly. We must wait
and study the operation of the Massachu-
sets statute. There il no doubt rs to the
need Of reform in the administration of the
Office here. The abuses which have made il
disrcputable elsewhere tend to make il dis
reputable in New York. II an ancient skull
Is uncarthed from some old burial place, the
city IL charged with the expense OF an in
quest. Households afflicted by sud
den death in the family are mercilessly
Threatened with an Unnecessary legal IN
quiry by IA Coroner ia search OF fee. The
system of payment by fees has led to I'M
seemly contentious by Coroners over dead
bodies Indeed we are surprised to find that
this Objectionable system is retained In the
new Massachusetts scheme. The medical
inspectors are paid by fees, except in Bos-
ton. where they receive salary of $1,000
each. 1t would bc better to make them sal
AIRED officers throughout the state
| As the Office NJ Coroner in New York Is
established by the State Constitution, it
cannot be abolished except by an amend
mcnt to that instrument. The allotment of
its distinctive functions to physicians and
magistrates would probably be as wise here
as 1t is likely to prove in Massachusetts, II
our magistrates We're educated lawyers
| but II is little TO the credit Of our judicial
system that many Of our magistrates are
not lawyers at all. So long as this continues
| TO be the case no reform in the Office oi
Coroner can be complete and satisfactory.