The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-09-25
The Abolition of the Office of Coroner.

The state Of Massachusetts, has quietly
effected an important judicial reform That
conservative Commonwealth has abolished
the ancient Office Of Coroner. This Office
dates back To the time Of ALFRED the Great,
in the judicaturc of England, and has ex-
! listed from early times i'm this country. II
| had ccased to be very honorable, however,
before the American colonies achieved their
independence. Indeed, Coroncrs were sub
iects of ridicule in English literature three
centuries ago. But originally the Office was
one of high esteem, held only 10y men Of
knightly rank, who We're the deputies Of the
ancient sherifrs, the Shcrns being them
selves the deputies Of the ancient Earls. In
view of its antiquity, and its long continued
existence as n British institution, we may
be certain that Massachusetts would not
abolish it without good reason
Ii we inquire what are the objections to
| the Office of Coroner IA at present const-
tutcd, we find at once that it requires what
is practically an impossibllity. TO be an
efficient Coroner, a man must be both n good
doctor and Il good lawyer. 1t is irrational
to expect that one person will unto these
qualifications; and II such n person could
be found, it would be still more irrational To
expect him to serve the public in the capac-
ity Of Coroner lie could certainly do
better for himself than that. III the ordl-
nary discharge of Coroner's duties, that
officer investigates. first, the physical cause
Of the death of persons supposed TO have
died by violence, and secondly, if the case
proves to be one Of homicide he inquiries
what human agency is responsible in law
for the death. The first inquiry demands
medical knowledge. The second investiga-
tlon requires legal skill. Too often Coro-
ner has neither. He usually makes up the
first deficiency by summoning n qualified
physician or surgeon to examine the body;
the second he seldom attempts to remedy.
The result is n rambling and desultory pro-
cccdlng without regard To logic or the laws
Of evidence, and exceedingly liable To Ice
utterly futile or to end in fixing suspicion
upon the wrong person. Numerous cases
can bc found in England and America to
justify these remarks. They are the logical
outcome of having judicial magistrates who
are not lawyers.
A strong argument against the Office of
Coroner, then, is this joiuder Of diverse
functions. Tho new system in Mas-achu-
sets allots these functions to two different
sets Of officers. Medical examiners for zach
county are appointed by the Governor from
among reputable and discreet physicians.
They give bonds in the sum of five thousand
dollars for the faithful discharge Of their
duties. Whenever one Of these officers has
notice that there is lying within his county
the body of II person supposed to have come
to his death by violence, he makes the
requisite physical examination. If he thinks
the death was caused by violence he notifies
the District Attorney Of that fact, and also
the Justice or court Of first instance in the
vicinagc Upon the committing tribunals
are dcvolvcd all the further duties of in
quest heretofore performed by the Coroners.
The magistrates are lawyers, qualified 10
apply the law to the testimony, which Is
taken in accordance with the rules Of evil
dcncc. If it appears that the death under
consideration was OccasiOncd by the unlaw-
full act Of any person, the Justice or court
reports his name to the Superior Court IN
the county, and causes his arrest.
1t will be seen that this arrangement as
signs each Of the chief functions of the Cor
oncr to person qualified for its perform
ance by means OF his previous professional
training But the question will now nat
urally be asked: What has become of the
Coroner's jury? Why has that no place in
the new scheme adopted by Massachusetts,
writer in the American Ldr Repier says
that the Coroner's jury is ms ancient as the
Coroner himself; but there are some Eng
lish authorities of ropute which hardly APP
pear TO sustain this Wow. A recent author
finds the origin of the CCroncr's jury in the
Inquest Of usury, prevalent about the time
OF HENRY III. At that period, usury was not
directly punished. II common report, how
ever ascribed the practice Of usury TO any
one All inquest wns held after his death by
twelve good and lawful men Of the neigh
burhOod, to ascertain whether he had
rcprnt"d his usurous ways and abandoned
them, before he died. A negative finding on
this question involved II forfeiture of his
lands 10 the lord Of the manor, and of his
clattcls to tho King. Whether tho Cor
Oncr's Jury was an outgrowth Of this pro-
cocdlng or not, we do not find any Engisi
statute regulating inquosts by Coroners
until the time Of EDWARD L. and that gives
us no Information as to the number OF tn,
, Jurors This, however, was probably large