Los Angeles herald., 1907-07-06

coroner in other cases that have
been before him. However, this has
nothing to do with me excepting
as it may be pertinent in the event
that a complaint should be applied
for to me against Crowley by the
father.
Entitled to Discharge
The defendant is entitled to his
discharge from the coroner's war
rant by reason of the fact that the
coroner's warrant Is without au-
thority of law, there being nothing
in the verdict of the coroner's jury
authorizing or directing the cor
oner under the law to issue such a
warrant. 1 recall that when dep
uty district attorney of this county,
and only a few months ago, that
the district attorney of this county
advised the coroner of this county,
in writing, that under section 1917
it was the duty of the coroner to
inform the jury that, in the event
the death of a person was occa-
stoned by the act of another by
criminal means, that the finding
should be incorporated in the YER
dict, otherwise the coroner would
have no authority to issue his war
rant for the defendants arrest in
the event that he was not in GUS
tody.
The verdict in the case under re-
view, after stating that his death
was caused by being struck by a
car. recited the following: I'VE
hereby find the motorman, F. A.
Cowley, responsible for said acci-
dent by exceeding said speed limit"
Section 1917 requires that the cor
oners verdict should contain find
ing in order to authorize coroner
to issue his warrant, If the defen-
dant is not in custody, that the
death of deceased was caused by the
party, naming him, by criminal
means, or that they held him GRIM
inally responsible therefor. The
mere recital that the jury found F.
A. Cowley responsible for said acci-
dent by exceeding a speed limit, as
provided by ordinance, is not COM
pliance with the law, as hereinbe-
fore mentioned.
Star Chamber Methods
It seems that the custom of the
coroner, when an inquest is held,
and after the evidence is submitted,
is to require that all persons, in
Guiding representatives of the press
and public officers, be excluded from
the room, and what charge he gives
to the jury, or instructions, no per-
son knows but himself and the jury.
l do not know who is responsible for
this custom that prevails in this
particular, for there is no authority
of law for such a proceeding, and
there is nothing in the record to
show what charge, if any, he deliv-
cred to the jury, as to whether he
informed the jury as to what was
necessary in the event that they
held Crowley responsible for the
death of Jacobson by criminal
means and, while 1 do not wish to
censure the coroner for this custom,
it would appear to me that the pub.
lie and the press is just as much en-
titled to hear the charge he makes
to every coroner's jury as it is en-
titled to hear the charge of trial
judge in a criminal case to a jury
Possibly, If it were not for this GUS
tom. some person might have been
present, authorized by law so to do,
who might have known the law and
would have advised the coroner, if
he had overlooked it, as to what was
necessary in charging the jury to
enable it to make proper finding.
Without Legal Authority
In conclusion, as the coroner's
warrant is without authority of law.
the court will be requested, upon my
motion, to discharge the defendant
and eXonerate his bondsmen. If any
person desires to make an applica-
tion to this Office with reference to
the death of Jacobson, and will pre-
sent me with the evidence showing
that the defendant is guilty of the
crime of manslaughter, I shall issue
a complaint against him. AS to
whether or not he committed a mis-
demeanor by reason of exceeding
the speed limit there is no evidence
except his own as to what speed he
Travelled, and it is a well known
maxim of the law that a defendant
cannot convict himself without
other evidence proving his guilt.
And as to whether he committed a
misdemeanor by violation of one of
the city ordinances of itself has no
bearing upon the matter at issue
unless the defendant had committed
the crime of mansluagher and. in
that event, it might be material.
From all that can be gained from
the evidence, the deceased and his
father might not have observed the
doctrine of stop. look and listen:
they knew that they We're approach
ing a street CROSSING, and it was
their duty to have looked to see
whether the car was approaching or
not. The evidence in the case in
this regard is silent. however If the
deposition of the father had been
taken ! and presented to the coroner's
jury the evidence might have been
sufficient to have authorized me IN
have sent for the father and to have
requested him to file a complaint
against the defendant. So far as
the coroner's verdict is concerned
1t would have been of no value bv
reason of the defect in the verdict
hereinbefore stated