The news-democrat. (Providence, R.I.) 1906-1909, 1907-01-18
HOGAN DEFENDS
THE RIGHTS Of
THOSE ACCUSED

AT tho quarterly meeting OF the Rhode
Island Medico-Legal society at the Crown
hotel yesterday afternoon, the society dis
cussod the question OF whether or not a
coroner's report ought TO be filed I'm court
which In equivalent 10 making IL public,
before the case comes TO trial
In letter expressing regret at inability
TO be present Attorney General Green
ough suggested changes In the statutes
relating to the duties Of coroners.
Among those present in addition 10 the
president and secretary were John W.
Hogan, DR.. Jay Perkins. Dr. w. j. Nc
Cav, Providence; Dr. James III. Haber-
lin, DR.. Charles II. French, and Acting
Coroner Charles NJ. Read Of Pawtucket.
President Eugene H. Lincoln called the
meeting to order and appointed Drs
French. Perkins and McCaw a committee
on new members They recommended
George II. Huddy, Jr.. and DR.. Carl r..
Doten, who were elected 10 membership.
The resignation of DR. A. 5. Mcknight OF
Fall River was accepted.
President Lincoln then read the ques-
ton before the society. "Why should the
state be required TO disclose it's evidence
IN criminal case before IL comes before
the petit jury for considerations" he
asked. 1T is not customary to show the
defence In a civil suit what the prose
cution has In store. Why then, should 1t
be done in criminal cases?'
The president read the letter from At
torney-General Greenough, wherein that
official suggested:
THAT the evidence taken at a coroner s
inquest should be filed with the attor-
ney-general instead OF with the court, to
be made public at his discretion.
+ That coroners should be state officers
appointed by the state for districts. in
stead Of being elected by the towns anu
cities.
THAT coroners should be allowed stem
ographers TO take and report testimony
at inquests, and their fees should be al
lowed by the state"
The president called upon Dr. Perkins,
medical examiner Of Providence. first.
Dr. Perkins said he thought a medical
examiners evidence should not become
public property until the encouragement
should so order.
DR. Haberlin took exceptions 10 some OF
DR.. Perkins remarks. especially In rela-
ton 10 any disadvantage which giving out
the evidence might work.
Mr.. Hogan, being called upon by the
president said in part:
Criminal law is decaying and going 10
seed in Rhode Island, as we all know.
There isn't nearly the attention paid To
Il that there should be.
II do not see how coroners evidence
would be likely to give lawyer much of
a case for defence on the grounds OF in
sanity. as has been suggested
I'm New York an attorney for the de-
fence is entitled by law 10 consult the
evidence that goes before the grand
jury; and IL seems TO me that here in
Rhode Island lawyers ought TO be allow
ed have the benefit OF the coroner's evil
dence.
THE old idea that an accused person
should have every advantage placed at
his command TO establish his innocence
If possible. IL seems to me, should gener-
ally obtain. IL is a mistaken noUon tor
those who are interested I'm securing eYi-
dence to believe that they are champions
OF the state with mission 10 convict the
accused.
Il take issue with the attorney general
in believing that coroner's evidence
should be placed in the custody OF tina,
official 1t is not the states mission
necessarily, to convict man, but rather
10 find out a mans guilt or innocence.
do not see why anything that has to do
with a criminal case, after the accused
has been captured, should be suppressed
or withheld In these days a man is en-
titled, in my opinion, TO all the safe
guards he can get.
II do not mean that / think that such
evidence should become public property
but should be accessible to the accused
and his counsel"
DR.. McCaw thought the public ought 10
be kept in ignorance OF such evidence,
but that II ought 10 be open TO respond
ent and his lawyer.
Coroner Lincoln favored restricting the
conditions under which an attorney
might consult such evidence as YVES under
consideration.