Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-08
THE SURGEONS SIDE.
DR.. GORDON STATES HIS VIEWS WITH
REFERENCE TO JAIL IN0uESTS.
He Does Not Think tho Law Either He
quifes or Empowers the Coroner
TO Hold THEM.
To the Editor Of the Dispatch:

to hOId Ineths
To the Editor OF the Dispatch;
During a recent absence from the city
my attention was called to report In
your issue OF June oath Of the position
which I had taken with regard to the
right OK the Coroner to hold inquests over
the bodies OF prisoners dying In the city
fail Inasmuch as the Coroner was inter-
viewed and permitted to argue his sde
Of the question, making 1t appear that
was wrong and he right, II Is no more
than simple Justice to have my side OIL
The case presented.
On first entering upon the duties OF
medical officer to the Jail ! was Informed
by my predecessor that the holding or
( ipauests over the bodies Of prisoners VINO
! died was customary Surprising that such
! procedures were required by law, always
I notified the Coroner in the event OF
death: and not until lately did II occur
! TO me that these Inquiries were In Viola
| ton certainly of the spirit OF the law
when the court, under statute, had APP
/ pointed a regular physician to its prison.
reference 10 section 1888 OF the Code OF
/ Virginia not only confirmed me in this
/ belief. but also revealed the fact that the
I duties Of the Coroner were accurately de-
! fined,
The law reads as follows:
/ Upon notice OF death supposed 10
have been caused by violence, and no.
/ by casually, the Coroner OF the city OF
/ Richmond, II the dead body be IN the
/ pen!tenrary, and in any other case the
/ coroner OF the county or corporation Ill
( which the dead body is, shall issue
warrant to the following effect &c
! The common law has IT,
"Xhenever a convict shall die in prison
] II shall be the duty OF the officials IN
charge, II any suspicious circumstances
! attach TO the death, to summon the oIo-
! ner: and IL has been said that, even II
prisoner die n natural death, the Jailer
/ ought to send for the coroner, as II may
be presumed that the prisoner died Dy
the ill-usags OF the jsiler.'-u. Haze
! Criminal Law, page Of.
! ON the other hand:
/ "The present defined powers or the
! coroner both n Great Britain and Aineri-
! ca except so far they may be mouiiieu
/ by statute. are derived from the bhsuSh
| statute, 4 Edward LIST, page 2, which pro
vidt~. THAT where a death takes place
suddenly under suspicious circumstances
the coroner shall, by his warrant sum-
mon a fury 10 make que inquiry. upon
Z yiew of the body, into the manner OF
| killing. who was present. and to exam ne
1 tho. body: and that he may likewise conf
! nit any person to prison who may De
adiudQed as the author of the crime ana
! bind over witnesses by recognizances 10
! apucar at the next term OF the court
! Ehcy. OF Law.
REASON FOR THE PROVISION.
These quota tons are sufficient 10 settle
| the question L. is evident why No
common law considers that inquests
should be held over prisoners dying d
! natural death. In many instances 10
/ provision was made for medical attend
, ance and nursing; and it was maniiesty
! proper that examination Should De III
/ stituted when 1t was presumed tnat 'he
! prisoner died by the ill-usige OF tne
! miller" The whole spirit Of the common
law. however, is carried out wnen 'he
tha statute provides for medical attend
ance and nursing and for the appoint
, uent Of jail-commissioners. The Judge
! of the Hastings Court of Richmond ls
. placed i'm control Of the corporation jan
He appoints the physician, VINO Is sworn
: into office, and who. is responsible to the
r court for the faithful discharge OF MS
duties. II. for good reason, the Judge
or any Of the prison officials. desire an III
p nuest the Coroner can be summoned
: according 20 the conditions explicitly az
/ we'll "a dramatically and rhetorlcaily
laiI down in the Code. In snort. thr
! statutory enactment override-, because II
: frlGls. the common law; and thus II APP
n
I . rsonal commentary upon the common
law. and which DR.. Taylor claims 70 pt
! the guide for coroners. Is not their rule
/ Of conduct. For the same reason the
argument advanced by Mr.. James r.
7 Strother. in your issue Of June 18th, Is
! untenable.
NO PENITENTIARY INQUESTS.
II becomes clear. also. why DR.. Taylor
Was forbidden-nOt arbitrarily out
legslly-to hold inquests in the penlten.
tjarv. Governor Kemper was too good
a LAWYER not to know That he was acting
strictly within prescribed limits. lie con
I trolled the penitentiary. In providing Tor
the care of its sick he observed the
Code. which carried out the intention Of
the common law. II the Attorney-Gen neral
agreed with Dr. Taylor II must nave been
+ because the code was overlooked. In al
. H..
tirely arbitrary, the Coroner should have
had his point sustained by succeeding
Governors. A.,
so far a. other attention than medical
/ g. concerned Dr. Taylor and the pubic
are aware that patients In the JAN WIZ
continue to suffer for tho want OF proper
nursing until new laws are enacted or
until those already passed are enforced
/ From one point OF view II W'snt NC
/ desirable-peThaps consoiing-ior the cCro.
! nor IA investigate into the causes Oh ali
I deaths His belief that doctors are not
/ evempt from "th- mental and neral IN
,rmities which, as is universally conceded.
| besat The rest of their :ell1w Creatures,
comedies with mine: and. ~ he IS Dotn a
| doctor and an official. he ought IL be
| tested In the same cruclOle when ne
wishes prepared for his brethren. ii
| SUPERVISION is to be exercised over All
in authority. who will be guardian angel
t. the Coroner?
MUST TRUST HER OFFICIALS.
Ths state must, to some extent at
| least. trust her officials, InI e,"ct the IN
when they are no longer worthy o.! conf
! dcn.e. Contrary to what DR.. Taylor be-
| Ueyes. she does not take ii FOR srantei
that the physician TO a prison n-eIs
closer surveillance than other members
of the fraternity. Certainly .he docs not
! appoint coroners for the purpose Of IN
| curing into the ordinary mistakes or
| derellctions ~ her servants any more than
into the liabilities of physicians 6nd
nurses in general. Such being the case.
| every other individual should be consti-
! tuted "A coroner.
Dr. Taylor states that / am the first
rhysic!an TO the Jail TO raise the points
involved. This is true. and /. will al
WAYS give me pleasure to be the FIRST to
rcctify what is wrong IN doing justice
70 myself. while saving the State I'M
! necessary expense. My main object in
winnowlng the subject has been correctly
! reported-the desire not to have the stere-
otyped verdict mo blame attached to any
| OF the officials" The reason Is so appa-
rent, under the circumstances that am