Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-05-02
Bar Association Head Would
Abolish InquestS for
Court Hearing.
HOLDING MAGISTRATE
ALSO is RECOMMENDED
Question Could Be Solved by Let
ting Commission Name Tales
men, He Says.

quests by a coroner's jury should be
abolished in favor of preliminary hear
ings in a police court or before hold
ing magistrate, Maj. Julius I. Peyser,
president of the District of Columbia
Bar Association, said today in comment
ing on the disclosure that many re
peaters" have served on coronerS' juries.
If Congress does not deem it advisable
to abolish the coroner's jury altogether,
Maj. Peyser said, legislation should be
enacted empowering the regular jury
commission to select the members OF
coronerS juries. At present the jury
members are chosen by the coroner.
c. of c. Takes Action.
It was also learned today that the
Washington Chamber of Commerce has
addressed letters to the District Bar As
ISOLATION and to the Women'S Bar As
ISOLATION asking the cooperation of
both bodies in the investigation into the
question of ''repeaterS" now being con-
Quoted by the chamber.
Maj. Peyser explained that while he
Is not able to speak for the Bar AsSo-
citation at present, it is his personal
belief that the practice of holding in
quests before a coroner's jury IS relic
of ancient times which has no place
In a modern system of jurisprudence.
Under existing statute. he said, the
corner has two functions to perform.
In the case of q homicide. it Is his
duty in the first place to perform an
autopsy. in order to determine whether
the death resulted from natural or un-
natural causes.
Action Is Not Binding.
II it should appear that death result
ed from unnatural causes, the circum-
stances of which are sufficient to arouse
his suspicious, it then becomes his duty
to assemble coroner'S jury and pre-
side at an inquest.
The coroners jury may decide to
hold a suspect for action of the grand
jury on charge of murder or man
slaughter, or it may decide that the
killing was justified and release the
suspect. In neither case is its action
binding on the grand jury or district
attorney.
Legal Question Covered.
Mai. Peyser feels that the coroner's
autopsy is a vital link in the chain OF
legal procedure and that it should not
be dispensed with. The performing OF
st%S@A
which should be performed by COM
petent physician, he said, and is obyi-
ously one which could not be handled
by any person unframed for such work.
BY the same token, however, he be-
lieves that lawyer and not physician
should be the presiding official In legal
procedure. A thorough knowledge OF
law is essential, he said, before any man
can decide whether the legal elements
of manslaughter or murder are present
in homicide.
ABOUT Is years ago." he said, the
Bar Association went very thoroughly
into this matter of the coroner's jury.
It was found that the principal op-
lection to the system was the lack OF
proper legal procedure at the hearings
and the too great power which IS vested
in the coroner. Under old English law
the coroner had wide power and legally
he still retains much Of this power to-
day.
Resembles Hearing.
although a coroner's inquest is prl-
marily an inquiry, 1t has much the same
effect as a preliminary hearing IN y
court of law. For this reason Ordinary
rules of evidence should be adhered 10.
At present they are not. Under present
law only the coroner has the right 70
question witnesses. If attorneys are
given this power in Washington today,
it is only by the courtesy of Coroner
hewitt. who, incidentally, is doing ex-
cellent work with the facilities at his
disposal.
whenever a man is ordered held by
a coroners jury without sutticient legal
grounds for such action, it means that
the process of dealing justice Will be
DELAYED by lust so much time as Is re-
uuired for the grand jury or court OF
law to throw out the case. This delay
could be easily eliminated If Congress
should see fit to pass the necessary
legislation.
OUTLINED Usefulness.
1.-THE coroners jury is an institution
which. in my opinion. has outlivec
its usefulness. In the old days, wher
competent lawyers were relatively few
there was some excuse for coroner
taking over legal functions. Such
however. is not the case today. II oul
legal system is to be brought up K
date. all regular legal procedure shoulc
be handled in a regularly constituted
court. 1.
However, If the coroner's jury Is u
be retained, certain changes are vitaiI!
essential. The coroner should not o.
expected to impanel his own jurieS.
1--WE have a Jury commission, created
by law. which names the panels IRON
which the juries in regular courts ar
drawn. There is no reason whatsoeVe
why coroners' juries should not be Sc
lected by this same commission. Thei
the problem of repeaters'-men Wn'
serve on the jury time after time
would be solved.
Letter of C. of c. Is Given.
oIn the second place the district at
torney's office should be permitted
representative at coroners' inquests VIII
would appear in an official capacity
not by sufferance, as Is now the cast
This would prove a great help to tn
district attorney when the case reache
his Office"
rnerce. which was sent to NAL PeySe
and to Miss Elizabeth Harris, presider
of the Womens Bar Association, rea
as follows:
'aThe question of repeaters on col
oner's juries was brought up at ger
eral meeting of chamber commlttee O
ficers on March % last and was n
ferred for investigation to the commi
tee on law and legislation, Judge MAI
O'Toole chairman.
Judge O'Toole has asked that a lie
ter be sent to you as president OF u
District of Columbia Bar Association II
ouesting that this matter be placed o.
fore the Bar Association and that 1t
asked to cooperate with her commi
fee in making this investigation. Trus
ing that your organization will exter
To our committee the benefit of the a
requested, we are sincerely yours,