The sun., 1890-03-12
The Zolki Inquest.

There could hardly be better illustration
| OF the unsatisfactory nature Of a Coroner's
inquest considered as a legal proceeding,
| than the result Of the recent investigation
before Coroner LEVY in the case Of MARIE
ZoLKI. This young woman and her child
died In January at the New York Lying-in
Asylum. During her illness she was treated
by DR.. J. c. BRYAN, the resident physician
at that institution. Some difference of opln-
ion seems to have arisen between DR..
BRYAN and DR.. LEWIS L. SEAMAN, the visit
ing physician to the asylum, In regard to
the proper treatment OF the patient, and the
inquiry before the Coroner was. In fact.
largely devoted to a consideration Of the
controversy between these two physicians.
In the case OF the sudden death of a person
under such circumstances as to afford rea-
sonable grounds to suspect that the death
has been occasioned by criminal means at
the hands OF another, the law makes it the
duty Of Coroner to summon jury to in
quire into the cause of death. The verdict,
according to the Code OF Criminal Procedure,
must set forth "who the person killed or
wounded is, and when, where, and by what
means he came to his death or was wounded !;
and II he were killed or wounded or his death
were occasioned by the act Of another by
criminal means, who is guilty thereof" In so
far as the jury have been able to ascertain
The verdict OF the Coroner's jury in the ZoLKI
case was in these words:
we ind that MARIE ZoLII died at the New York Lying
In Asylum ls9 EeeOnd avenue. Jan. 20 1890; that
the Of her death puSrpera fever complicated
with cardiac trouble and peuritA
I'VE severely eensurs DR. BRYAs for not carrying out
the treatment az laid down by the visiting physician
Dr sKANAN especially. knowing that his diagnosis par
tally cOncurred with that OF his associate or having
insisted on a consultation.
THE institution ought to be careful in selecting
resident physician and mako its appointments matter
Of strict competitive examination"
This verdict conforms to the law to the
extent OF stating who the deceased person
is, and when and where she camo TO her
death, and by what means; that is to say,
by what diseases. 1t will be observed, how
ever, that it contains no declaration that the
death Of MARIE ZoLRI was caused by tho
act o. another. or by criminal means; yet,
notwithstanding the omission of any such
finding. it appears that DIR. J. @. BRYAN,
although paroled by the Coroner, was placed
in the custody OF his counsel, Mr.. w. A
BURLINGTON, presumably to await the ac-
ton OF the Grand Jury.
This action on the part of the Coroner in
subjecting DR.. BRYAN to restraint seems
to be based wholly upon the censure en-
bodied in the verdict. The jury abstain
from saying that the death of the patient
was in any manner due to negligence on the
part OF DR.. BRYAN, or to any error OF his,
and yet they condemn him "for not carry
ing out the treatment as laid down by the
visiting physician"
Whether the resident physician or the Wis
iting physician was right in his view OF the
case and in the treatment directed was n
very important question for poor MARIE
ZoLKI, and Is now an interesting question
for the authorities Of the New York Lying-in
Asylum, and possibly for the medical profess
sion generally; but the Coroner's jury had
nothing to do with it except as bearing on