The Detroit times., 1911-05-01
CoRoNERs' COURT IS
OBSTRUCTION IN
PATH OF JUSTICE
(Contiaued from page -.

which criminal blame might be fixed,
and the law gives the coroner power
to hold for the first session OF the
regular courts a person upon whom
blame is fixed by the verdict OF a
Jury; but beyond this, its action Is
not binding. II may exonerate par
ty, from all blame, but the prosecutor
has power TO bring him TO trial In
the criminal courts, and IL man is
bound over as the result OF the find
ings OF a coroner's jury, his case may
be nolle pressed should the prosecutor
think the jury has erred.
Where a coroner's jury can do any
good that would not be done by the
city detectives, Is question which
some good lawyers find themselves
unable TO answer.
The coroner's court proceeds as
sort OF stalking party, to drum up the
game so that II may be brought down
by the more effective arms OF the law.
The coroner has the power to subpoena
witnesses and compel testimony, and
perjury In a coroner's inquest Is pun
ishable the same as perjury In any
criminal or civil trial. The inquest
takes a wider range than Is allowed
I'm any law court. Hearsay evidence Is
commonly allowed, though good law
yers say that person cannot be com
PEELED to give such evidence. BY this
general beating OF the bush, the cor
oner IL expected TO find out IL any one
IL guilty Of negligenuy or criminally
causing the death.
In few cases In Wayne county, II
Is admitted the coroner has been able
| to throw light on q crime, but the sys
tenn has so many weak spots that mos,
prosecuting officials would rather trus'
to the results of an investigation by
the detective bureau.
The chief weakness Is the charact
er OF the juries selected. Jurors are
supposed to be picked from those who
are nearest to the scene Of the acci
dent. though this has been modified
by swearing them In In the presence
of the body. The coroner has the
entire discretion as 70 who. shall be
on the Jury. IL neither the prose
cutor nor any one who has an Inter
est In the case has any power to chal
lenge q Juror. there Is every open.
ing. for the rankest kind of prejudice
either for or against person who
may be involved.
Il was charged against one OF the
| former coroners, who retired under a
cloud, that he would pick Jurors in
street railway accident cases whom
he knew to be friendly TO the com
pany, and that he would shape the In
quest SO that the relatives Of the VIC
| tim would gain nothing that would
aid them In a damage suit.
The publicity given TO coroner's
| inquest lays the whole case OF the
people open to the public, SO that
when criminal prosecutions follow,
the defendants counsel has every ad-
vantage In the way OF preparation.
Practically the only advantages are
that an inquest may be held immed-
lately, while the evidence is fresh,
and that IL will allow inquiries which
cannot come In under regular Grim
inal proceedings.
IT have not found coroners' inquests
| particularly useful" said Ormond +.
Hunt, former prosecuting attorney
| The evidence which Is secured by an
open inquiry like q coroner's inquest
can usually be obtained by the detec'
tive department, and done with less
publicity, so that the states case Ia
not given away for the attorneys for
the defense. There may be cases
where an inquest brings out valuable
facts. but much OF the work that is
done by an inquest could be done
either by the police or by the police
court"
Mr.. Hunts views were shared by
Ward N. Choate, who was an assistant
under him In the prosecutors ONCE
and by Stewart Hanley, who was an
assistant under George Y. Robson and
George b. Yerkes.
Allen II. Frazer, Mr.. Hunts prede
cessor, was able to tell one case In
which a coroner's inquest had brought
results. This was In the case OF the
death OF Emily Hall. young woman
who was brought to Detroit for Grim
inal operation, from the result OF
which she died. A Detroit physician
was suspected and was afterward con.
yieted. At the inquest every one who
could be supposed 10 know anything
about the girl was allowed to come In
and testify. Many Of these were aft.
erward found TO have perjured them.
selves. but as result of the publicity
given their testimony, woman final
ly came TO Mr.. Frazer's Office and
gave him the right clue, which was
followed down by himself and the de-
tective bureau.
II don't think Il would be wise 20
abolish the coroner's office entirely,
said Mr.. Frazer, but Il might be placed
under the direction OF the prosecut-
or's Office TO a greater degree"
II think that Il is true that sum
cient care Is not always used In select.
ing coroners' juries.' said Judge Muir
phy. aTAis evil should certainly be
corrected
so far as the big counties are con.
cerned. the eoroner's ONCE has out