The sun., 1900-08-05
NOTES or LEGAL EVENTS.

eSsertlal 10 constitute the hlghest degree OF
felonious homicide. but murder In the first
degree may be committed without a design
TO effect death. where the killing Is done by a
person engaged in the commission Of. or In an
attempt TO commit felony either upon or
affecting the person killed or otherwise" Wise
was charged with having attempted with an
associate to rob man named Beasley in East
Twenty-nnth street In the night time. The
evidence indicated that one OF the robbers
struck Beasey with stone or some weapon
on the back Of the head. innicting a wound
from which the victim died. 1t may be-
says Judge Haight. writing for q maj Jority OF
the Court Of Appeals that the evidence as to
the cause Of the injury Is somewhat meagre. but
we think It sufflcient to carry the case to the
jury and that II justifes the verdict rendered"
There was no claim on the part Of the prosscu-
tton that the killing was Intentional: II was
enough II the proof showed robbery resulting
In the death Of the person assaulted. Judge
Martin Of the Court Of Appeals dissented
from the decision OF his associates, however
and this fact was doubtless influential with the
Governor. especially when considered In con-
nection with Judge Haishts language concern
ing the meagreness Of the evidence.
In this State. and we presume throughout
the Union generally. the property Of the Roman
Catholic Church Is held by individual Bishops
or priests or other officers Of the Church instead
Of having the title vested In religious cor
porations. Under our tax law. property
held by an officer Of religious denomination
shall be entitled TO the same exemptions. SUBJ
ject to the same conditions and exceptions
as property held by religious corporation" 4"
In Illinois the question has recently arisen
whether the playground OF free Roman Catho-
Ito school at Peoria "a relieved from taI alton
under statute sxempting all property Of
institutions OF learning. including the real
estate on which the institutions are located.
not leased BY such insitutods or otherwise used
with q view to profit The legal title Is In
John L. Spalding as Catholic Bishop Of Peoria.
for the use Of the congregation OF st. Coumbas
parish in the city Of Ottawa Being held In
trust for parish instead Of being held for tho
scholastic institution itself. the Supreme Court
Of Illinois decides that the playground must
pay tax. The distinction seems rather fine
The old controversy as 70 whether a Coroner
should be medical man or a lawyer has been
revived In England by the chief surgeon Of the
on the subject entitled Reasons Why the once
Of Coroner Should be Held by a Member Of
the Medical Profession Thomas wakley.
the founder OF the Lancet and himself Coroner
who really achieved distinction by the ability
with which he administered the ONCE. was Of
the opinion that q medical training was far
more important 10 Coroner than knowledge
OF the law. and declared that the requisite
acquaintance with tho forms Of legal pro-
cedure could be acquired in day. In support
Of this position reference is usually made TO
an inquest before him where the deceased
was supposed TO have been the victim Of a
fight, but an examination made at Mr.. Wakleys
suggestion led to the discovery that piece Of
meat had lodged in the man 8 throat and choked
him TO death. The Lancet Of the present day
truly observes that the ideal Coroner would be a
person trained both as lawyer and a medical
man.
Coroner should certainly be a physician
and surgeon. rather than member Of the bar.
II his functions are confined 10 the ascertain
ment by his own personal observations and
examination Of the cause Of death. The medi-
cal examiners In Massachusetts,. who have taken
the place OF Coroners In that Commonwe ealth,
are officers OF this sort. on the other hand. II
the Coroner s to conduct a legal investigation
into the cause of death by means OF the eram-
ination Of medical and other witnesses and
without acting upon his own expert knowledge.
there would seem TO be every reason why such
an inquiry. like any other judicial proceeding,
should be made under the direction Of Magis-
trates trained In the law George Eliot In
-Middlemarch' Illustrates the view which has
long prevailed among doctors In England In
reference to this matter. where she makes
Lydgate say: Questions Of medical jurispru-
dence ought not to be left to the chance OF decent
knowledge in medical witness and the Coroner
ought not to be q man who will believe that
strychnine will destroy the coats Of tho
stomach il an ignorant practitioner happens
to tell him so"
In most Of the States in which laws have
been enacted permitting accused persons In
criminal cases TO testify In their own behalf
the enabling statute provides In substance that
the failure Of the defendant to avail himself
Of the privilege shall not operate to bis detri-
ment; and there Is in many Of the acts an ex-
press prohibition against any comment by
prosecuting counsel upon the fact that the
prisoner has not seen at TO take the stand
In New Jersey. however. the statute on this
subject contains no declaration that the de-
fendant's omission to testify shall not raise any
presumption against him. nor anything which
forbids counsel or court from taking notice Of
his conduct In this respect Accordingly, Il
has been held by the Court Of Errors and Ap-
peals OF that State that a defendants failure
to offer himself as a witness upon the trial Of
an indictment against him may properly be
called TO the attention OF the Jury. where the
matters which must have been within the
personal knowledge Of the accused. so that he
could have contradicted the evidence II It was
not true.
An Ingenious method OF larceny was dis
closed IN case tried on the 18th OF July before
the County Of London Sessions. The place OF
operations was a dwelling house whose owner
was having the front painted. Scaffodng
had been erected above the sidewalk and there
were ladders leading up to II. The defendant
donned the attire Of house painter and while
the real workmen were absent during their
dinner hour he made his way by means Of the
ladders and scanoding into the upper rooms
Of the house, where he stole two watches. some
jewelry and a small sum Of money. on his
way down the ladder he perceived man stand
ing at the foot, who was. In fact. police officer
whose suspicious had been excited and \ no
intended to arrest him. The defendant there
upon alsrtly reascended and entered one Of the
windows. Here he encountered a servant
girl. whom he got rid Of by informing her that
there was policeman at the front door who