Page images
PDF
EPUB

310 Attorney's Certificate : Re-admission. On the Study of Medical Jurisprudence. his last certificate," thereby excluding those At Paris, in 1832, the body of a man was cases in which no certificate has ever been found in the Seine, cut into four parts. Being taken out. This view of the case has, low-placed in the Morgue, the medical inspector ever, been materially shaken by the recent reinarked that at the different sections the decision in Wilton v. Chambers, 7 Ad. & Ell. skin and muscles were much contracted, as 524, & S.C.2 Nev. and P. 392, in which indeed occurs when a part is divided during life; and the precise point above referred to was not on further examination he also found that in question, but it was there decided that a the heart and blood-vessels were empty, and neglect to take out a certificate for a year the system generally was drained dry. He was after re-admission, rendered such re-adımission thence led to conjecture that the body must void, so as to involve the necessity of another have been divided before life was extinci ; and re-admission before the party could be legally furthermore, from the appearance of the inqualified to practice; and it may be inferred cisions, and the absence of other injuries, that from various parts of the judgment that the the individual bad been in a condition that Court would have came to the same conclu- disabled him from making any resistance. sion in the case of an original adınission, This induced hiin to pay particular attention to

It is unnecessary for me to dilate upon the the stomach ; and by a careful analysis, he deinconvenience that must result from these tected prussic acid in its contents. A clue conflicting decisions,—an inconvenience which was thus afforded to the murderer, who was is in future likely to be more severely felt than soon after discovered. Some of this poison ever, it being now the practice with most was found in his room. He was convicted and young men to go up for examination and to executed-having confessed that he had first get admitted as soon as their articles have ex- rendered his victim insensible with prussic pired, although in the majority of cases they acid, and then cut his throat, and immediately have no immediate intention of taking out after cut up the body. their certificates, or of entering into business ; A body divided into two parts was taken out their sole object being to get over what is of the Loire. It was divided exactly through familiarly termed the "bother” of the exami- the cartilage, between the third and fourth nation.

lumbra vertebræ, and there were besides sere If the inference I have drawn from the deci. ral wounds in the abdomen. From the manner sion in Wilton v. Chambers be just, the effect in which the division was effected, the examiof this decision will be to inflict a severe tax ner, Dr. Ouvrad, concluded it had been done in the shape of certificate duty upon many by some person accustomed to such an operawho would otherwise defer this payment until tion; and as the wounds in the belly proved they actually commenced practising : or, if the man had been murdered, he conjectured they should decline submitting to this annual that the murderer was probably a butcher. infliction, it will throw upon them the expence This proved true. The criminal was discosand delay of a re-admission, and possibly, also, ered, convicted, and executed. under some future rule of Court, of a re-exami- In 1823, a soldier named Bonino suddenly nation.

disappeared from a village near Montpellier, Under these circustances, I submit that a de- where he had for some tiine lived. Suspicion claratory rule, both prospective and retrospec- fell upon a paramour of his, and a man whom tive, is imperatively called for upon this point, slie subsequently married ; but no investigation and which rule I apprehend the Judges have took place for three years after, when the mapower to make under their general jurisdic- gistrates having directed a search, a body was tion, independently of legislative enactment. found in the garden of the suspected persons. In the mean time, Sir, I feel that I cannot After a careful examination of the remains of leave the subject in better hands than your the body-all the soft parts of which, except own, and I trust that by the insertion of the the vertebral ligaments, were destroyed-Dr. above hasty remarks

you will bring the ques. Delmas was able to arrive at the following tion to the notice of those who may be far conclusions : that the individual bad been a more competent to pronounce an opinion or to male, of the age of forty or upwards, and had suggest a remedy than

six fingers on his right hand, and possibly a P. J. K. sixth toe on the left foot; (it was ascertained

that Bonino had these peculiarities, and that

he was forty six years of age); that he had ON THE STUDY OF MEDICAL JURIS-been murdered by a blow of a blunt weapon, PRUDENCE.

which fractured the left temporal bone; and

that he had been buried in his clothes. The As evidence of the assistance which medical husband and wife were tried and convicted; science is capable of affording to the adminis- committed the murder in the manner described

and before their execution confessed they had tration of justice, Dr. Brady in his introduce by Dr. Delmas. tory lecture in the Dublin Law Institutea states A still more extraordinary investigation was the following remarkable examples :

conducted by Orfila, Mare, Chevallier, and

other distinguished medical jurists, in Paris, a A notice of the Dublin Law School or In a few years since. So far back as 1821, • stitute has been sotne time in our printer's widow lady of the name of Houat, residing in hands, but unavoidably delayed.

Paris, had suddenly disappeared. Two mea On the Study of Medical Jurisprudence.

311

and the wife of one of them were arrested on Some years since, a Mr. Hodgson, å sursuspicion of having made away with her ; but geon, was tried at Durham, for attempting for want of evidence at the time, they were to poison his wife, and the case affords an liberated. Eleven years after, a report reached interesting illustration of the value of medithe police of a loody having been buried in a cal evidence. She had been ordered by a certain garden about that time. The body physician pills of calomel and opium for was found, and after a most skilful and able rheumatism; and it was pretty clearly proved examination of its remains by the inedical men, that the prisoner, who kept a shop, and comthe following facts were satisfactorily estaba pounded the inedicines hiinself, had substituted lished :

corrosive sublimate (a violent poison) for the Ist. That the skeleton was that of a female, calomel. When the wife began to suffer from sisty or seventy years of age, and wearly five the pills, the physician was sent for, and orfeet in height.

dered a laudanum draught, which the prisoner 2011. Thus the hair, which was lurighit blond hinself inmediately prepared; but the doctor, in youth, was mixed with gray at her death. happening to observe that it was muddy, was 3rd. That the hands were sinull.

induced to taste it, and recognised the peculiar 4th. That she died of strangulation, and acrid taste of corrosivé sublimate. The prisothat the act was to all appearance boinicidal. ner, in his defence, alleged that lie hal mis.

5th. That the body must have laiu in the taken for the water bottle an injection of corearth for several years.

rosive sublinate he had prepared for a sailor. The prisoners, who had been long suspected, But by chemical analysis, it was ascertained were bronght lo trial twelve years after the that the injection contained fire grains of cormurder, and convicted.

rosive sublimate to an ounce of water, while These are striking examples of the important the drauglit for the wife contained fourteen aid the adıninistration of justice inay derive grains. from merlical skill and linowledge. They al- In the last case which I intend to cite, memost lead one to hope that science inay one dical knowledge was equally successful, in a day realize the blind lelief of the vulgar, and somewhat similar way, in defeating a conspiracy render it impossible murder can be bid. Less to impute the crime of poisoning. A man of remarkable, but not less useful instances of the naine of Whally was tried at the assizes of the value of medical evidence are of every-day York for administering arsenic to a woman occurrence. The case of Bowerman, which who was pregnant by him. She swore that the was first reported in Paris and Fonblanque's prisoner, after twice trying to prevail on her work on " Medical Jurisprudence," and which to take drugs, for the purpose of procuring you will find referred to by Mr. Phillips, and abortion, sent ber a present of tarts, of which other writers on evidence, is a good illustration. she ate one and a half, and in half an hour

Three years after the death of a step-child of after was seized with symptoms of poisoning. Bowerman, a report was set on fooi that he Mr. Thackrah, an intelligent surgeon at Leeds, had killed the child, by pushing an awl into its who was called to see her, found arsenic in the head, just behind the ear. The coroner was tarts that remained, and also in the inatters induced to have the body disinterred, and on vomited at different tiines; but lie remarked exainination, a small round hole was found in that her appearance did not correspond with the skull, corresponding exactly with the ac- the complaints she made of suffering ; her count of the murder given by a witness. The pulse and tongue were natural, and on careful coroner's jury returned a verdict of wilful investigation the following inconsistencies apinurder against Bowerinan, and at the next as-peired: sizes of Exeter, a bill was sent to the grand jury 1. She said she felt a coppery taste on against him. In the mean time, however, Mr. eating the lart, a taste which arsenic certainly Sheldon, a surgeon in Exeter, having investi- has not. galed the case, found that the hole in the skull 2. From the quantity of arsenic in the tarts was the natural opening for a blood vessel, that remained, she could not have taken above which was obrious, as well froin the nature of ten grains, while after repeated vomiting, the its edges, as from a little channel which led to last matter vomited contained fifteen grains. it; and having pointed this out to the jury

3. The time at which these fifteen grains and produced before them a dozen skulls were alleged to have been vomited, was not similarly perforated, the bill was ignored. till two or three hours after the symptons be

A few years since, an officer of excise was gan; in which case, the symptogs would have tried in Kent for shooting a man.

The de- been violent before that tiine. ceased had been, for some purpose or other, The prisoner was acquitted, and the prosein company with a band of smugglers, and cutor and another woinan, who had corrobowas retreating before the officer when he was rated her testimony, subsequently confessed shot. There was no doubt the officer had they bad agreed to impute the criine to him, fired, but the smugglers, on their retreat, had because he had deserted her. also fired several shots; and a surgeon made it plain, froin the direction and nature of the wound, that the ball must have entered in front, and therefore have come from the sinugglers, and not from the prisoner.

313 Objections to the Copyhold Enfranchisement Bill.-On the Mode of Examination. OBJECTIONS TO THE COPYHOLD EN- be retained by the copybolder against his ex. FRANCHISEMENT BILL.

pences of improvements, to be paid on the next admission after such improvements made;

the value as rent to be fixed in the Manor [We have received the following observa- Court, by a jury, appointed-one-half by the

[We have received the following observa- lord, and the other half by the copyholderstions on the Copyhold Enfranchisement Bill, and the fine to be re-assessed upon the same and feel bound to insert them.]

principle on every future change of ownership. The lords of manors, who, to say the least, evils and dificulties of the case.

These enactments would meet all the real are joint owners with the copyhold tenants, and were originally the sole owners, cannot be by copybold tenure. Now, I venture positively

But they talk of the litigation occasioned satisfied, in lieu of rights as ancient, and which to assert, from the peculiar simplicity of copyought to be as sacred, as any other description hold titles, and of the instruments by which of property, with a miserable pittance doled out by arbitrary commissioners ; and that pit- ledge of the homage of the Court of the facts

they are conveyed-their publicity—the knowtance, in all instances of entailed manors, (which forin the vast majority) not paid, bui on which they rest and their regular inrolinvested in the funds, at their present enor

ment in the manorial books, accessible to all mous height, producing there little inore than persons interested, and answering the much

desiderated three per cent. Thus exchanging their right litigation arising out of copyhold property

purpose of a general registry, the upon the land, the best of all securities, for a fluctuating, precarious, and it may be, perish, than that arising either froin freehold or lease

(taking its relative quantity) is infinitely less able investment. And all this to be effected hold tenures, and I appeal to the books of reby cumbrous and complicated machinery, the expense of which will in may cases swallow ports for the fact.

It is notorious too, that the expence of conup the greater part of the money.

And where is the necessity for this sweeping veying copyhold seldoın amounts to one half, and mischievous change? `All the real evils or even one third, of that attending the transfer

P. of copyhold tenure may be removed by a short of the other species of property. act, without injustice to any one, and at the same tiine preserving its manifold advantages, for such I can shew them to be.

I would say then, abolish the various ano- CLASSICAL AND MATHEMATICAL malies of descent. Tivo lines will do this by EXAMINATION OF ARTICLED CLERKS. saying that they shall all be assimilated to that of freehold tenure. Let heriots be commuted at the amount of average payments for the last three or five whicb have occurred to be

To the Editor of the Legal Observer. paid on all future occasions of deatlı, &c.-for Sir, I presume it is not intended absolutely lo rub Being an articled clerk myself, you will easily the lord of his right. With regard to timber, perceive that my attention would be arrested as the law stands at present, I know practically, by the coinmunication (entitled “Preliininary that in ninety-nine cases out of a hundred the Examination of Articled Clerks,”) of your lord commutes his right in timber felled for “ Old Subscriber,” contained in your Numsale at a payment of one third of the produce; ber for 25th Jan.; and as a course somewhat and it is settled without dispute or dilliculty: similar to that which he suggests for the legal, Let the enactment declare this to be his right. has already been adopted in the inedical pro

As to the fines on land, I know from exten- fession, shewing the willingness of our seniors sive experience that there is no difficulty in generally to listen to such like proposals, assessing them, nor does it operate as a bard. his cominunication seems to require that noship on the copyholder (who buys the property tice which it would not otherwise merit. at a price accordingly, it being known that he I entirely agree with your correspondent as is only part owner) and I deny that it is any to the desireableness of maintaining the “rediscouragement to agriculture; for throughout spectability” of attorneys; but I think the the country the copyhold land is farmed quite means which he suggests for securing it would as well as the freehold, and I defy any one to be utterly ineflicient. He proposes that each distinguish the one from the other.

candidate for examination as an attorney With regard to building's to be erected on should first be compelled to pass an examinacopyhold sites, it is not right that the lord tion in Virgil, Cæsar, and Xenophon, in which, should be deprived of all interest in prospective of course, he is to shew his mastery of those improvements, or of the increased value of works in the original tongues. Now I ask land (which was originally his own absolute what connexion is there between an attorney's property) in particular situations. Let then respectability in his profession, and his posthe fine on new houses or buildings erected be sessing a knowledge of a course of ancient assessed at the rate under the present law, books, written in dead languages, and utterly namely, two years rent upon the improved foreign to his profession ? And if by respecvalue, but allow the half, or two thirds, or tability” your correspondent means, not a some other just proportion, to be defined, to long purse,” nor a new first-fashioned coat,

[ocr errors]

On the Mode of Examinution.--Selections from Correspondence.

313

WOMAN.

but that union of intelligence and integrity | ever can be said in favor of those “ classics" which merit respect,- I would ask whether the of Greece and Rome, may be repeated, with intelligence which an attorney ought to pos- additions, in reference to the “classics ” of sess is to be found in Virgil and Cæsar, or in Britain.

OMEGA. the scientific and commercial treatises which exhibit to him the present advanced state of the world ?-or, if he require his moral nature

SELECTIONS training, is that to be effected by compelling FROM CORRESPONDENCE. him to dwell constantly, throughout his youth, upon the absurd, and often obscene, rites LIMITATIONS TO THE SEPARATE USE OF A and impositions of a heathenish mythology, practised in times and ainongst people in

(Legal Observer, vol. 19, p. 275.) which the principles of morality and religion

Sir, were scarce at all understood :-or is he to With deference, I beg to suggest, that the learn this requisite morality from the divinity conclusion you have come to upon the judgand philosophy of modern Europe ? Surely not ment of the Lord Chancellor in Tullett v. Armfrom the foriner in either case. I therefore strong, " that when the marriage takes place, hunbly think, that if respectability in an at. the separate estate will become effectual, whe. torney be usually united with a knowledge of ther the clause against anticipation be inserted the “classics," which I am not by any means

or not,” is incorrect, and I find that in the at present prepared to admit—the former is passage quoted from the judgınent by you in not, as your correspondent seems to think, a support of your conclusion, the very words sequent result of the latter, but merely an ac. which negative that conclusion are omitted ; cidental associate. Indeed, the truth of this the judgment being : “ After the most anxious is so obvious, on its suggestion to the mind, as consideration, I have come to the conclusion, almost to render unnecessary further comment. that the jurisdiction which this Court bas asYour correspondent must, therefore, if he will sumed in similar cases, justifies it in extendhave some preliminary examination to insure ing it to the protection of the separate estate, respectability, find out its veritable causes, with its qualifications and restrictions attached to and then proceed with his suggestions. In it, throughout the subsequent coverture.” See the mean timne I shall proceed with my pre-19 L. O. p. 268.

H. B. parations for the present mode of examination only, with which, if rigidly carried out, I am

[We quite agree with our correspondent, perfectly satisfied.

and are obliged to him for bis correction. We Your « Old Subscriber” also recommends intended to have said “whether the clause an examination in the two first books of Euclid, and in “a proportionate quantity of Algebra.”

; against alienation be inserted or not,i. e. the To be sure these occasionally bear a little upon gift over in that event to some other person. the actual duties of an attorney: they may be in the case of Tullett v. Armstrong, ante, p. of use in the financial department of his profession : Yet the occasions of their usefulness 264, it will be seen that “the second gift under are so “ few and far between,” and old Cocker the first will was not accompanied with the reis so much more serviceable, that on the ground straint on alienation,” although in other gifts of utility I think their claims are very small indeed. And as to their efficiency in produ- | by the same testator there was this restraint ; cing the respectability required in an attorney, and the Lord Chancellor held that this made the remarks already made in reference to the

no difference, but that "if separate estate was “classics,” apply also, in a great measure, to the “inathematics.” Both are admirable as to be supported, it must be supported on both accomplishments; they may adorn moral prin- branches. I do not see how the Vice Chancelciple the great thing wanting), they may lor's view can be supported,” alluding to the polish it; nay, they may assist in crowning it with the beauteous wreath of intellectual supe-decision to the contrary in Newton v. Reid, 5 riority, but they can never confer the prin- Sim. 663. The clause against anticipation is ciple itself. One word more ere I conclude. As your

still a stringent and operative clause. Ed.] correspondent seems to have so great a predi. lection for the “classics,” and though styling

ADJOURNED COURT OF THE LATE SPECIAL himself old, still seeins to retain the simplicity of his school-boy faith in their talismanic powers, he will perhaps, eulogise their excel- To the Editor of the Legal Observer. lencies, and grow eloquent in so doing; but Sir, I would ask him wby an articled-clerk should Having observed, by a constant perusal of be compelled to lose his time of which, by the your Journal, that its pages are always open, way, he is already short enough,) in becoming within reasonable limits, to the discussion of thoroughly conversant with disused languages, legal subjects, I beg to call your readers' atand books written in those languages, whilst tention to an important point of law arising all the excellencies which he seeks, and many from the late trials for hig treason at Monmore, may be found in his own tongue? What mouth.

COMMISSION.

314

Selections from Correspondence.- The Student's Corner. A Special Commission was appointed to try the Judges who legally constituted the Court the parties implicated in the recent disturb- at Monmouth, and, as I contend, also constiances at Monmouth. The Judges nained in tuted the adjourned Court held at the Exthe Cominission were Chief Justice Tindul, cheqner Chamber, were of opinion that the Mr. Baron Parke, and Mr. Justice Williams. objection was valid; and also, that such was The Court opened and commenced their sit- taken in due time to entitle the prisoners to tings in the usual manner, and after the the benefit of it, and a inajority of the Judges prisoners bad pleaded to the indictment, an who attended for the express purpose of “as. objection was taken by their counsel that the sisting” the Court, were of the same opinion, direction of the statuie 7 Anne, c. 21, s. 11, but however, they thought the point was not had not been complied with, and the Court, raised at the proper season. cousidering the objection entitled to considera- I think, Sir, no question can arise as to tion, it was agreed that the trial should pro. whether it was an adjourned Court, constituted ceed without prejudice to the question as to by the same Judges who presided at Monthe validity of the objection; and the Chief mouth, or a Court of the Exchequer Chamber, Justice stated that the Court, at the conclusion constituted by the whole fifteen Judges; beof the trials, would adjourn to a future day at cause C. J. "Tindal distinctly stated that the Westminster Hall, and request the assistance of Court was not an Exchequer Chamber Court, the other learned Judges; and that the prisoners but only an adjourned Court from Monmouth, would be entitled to the same benefit of the and was exactly the same as if they were sitobjection, as if the Court was sitting at Mon- ting there, but in consequence of the impormouth; and on this understanding the trials tance of ibe point to be decided, they had proceeded, and ultimately the leaders of the thought proper to request the advice and riots were found guilty.

assistance of their learned brethren. If it had Chief Justice Tindal, Mr. B. Parke, and been an Exchequer Chamber Court, I thiok Mr. J. Williams, accordingly assembled in the no question could arise, but that the wbole Court of Exchequer Chamber, requesting the fifteen Judges constituted such Court, and the assistance of the other twelve learn d Judges, opinion of The majority of them would be the (the question being of great importance to the judgment of the Court; but, considering it as parties concerned) to consider the point raised an adjourned Court froin Monmorith (and I by the prisoner's counsel at the trial. Now apprehend that no doubt can arise as to that Sir, I submit the Court was an adjourned point after the observations that fell from Court from Monmouth, and not an Exchequer C. J. Tindal), I am of opinion that the decision Chamber Court; and i lose three Judges who of the majority of the Couri, so constituted presided at Monmouth, legally constituted by the Special Comunission at Monmouth as such adjourned Court, and not ihe whole fif aforesaid, and so adjourned from thence to teen Judges. The fifteen Judges were only Westminster, to consider the objection taken requested to advise, and not to decide. Without at the trial, was the judgment and final deci. entering into the merits of the objection, it sion of such Court; and I think the Judges will be sufficient for the present purpose to assisting the presiding Judges, bad no power observe that the point was argued with great to interfere with the final decision, but only to ability by the counsel on behalf of the Crown, lend their assistance to enable the adjourned and the prisoners; and it was held by a ma- Court to arrive at a conclusion warranted by jority of the presiding Judges at Moninouth-the law, and the Court was not bound to and, as I contend, a majority of the constituted acquiesce in the opinions pronounced by them, Court, viz. Mr. B. Parke and Mr. Williams-or ihe majority of them, lending their assistthat the objection was valid; and a majority ance. Suppose the objection had been deof the Judges who lent their assistance, were cided at Monmouth as it has been at Westof the same opinion. Chief Justice Tindal, minster, by the majority of the Judges who and the ininority of the Judges who assisted constituted the Couri ihere, would not the the adjourued Court, were of a different opi- prisoners be entitled to an acquittal on the nion.

question being decided in the affirmative? Another point was raised, whether the ob- Alost assuredly they would ; and I contend that jection was taken at the proper tiine to entitle by adjourning the Court from Monmouth to the prisoners to the benefit of an acquittal Westminster, it could not alter in anywise the consequent on the objection being decided in constitution and power of such Court. their favour. Mr. B. Parke and Mr. J. Wile

W. J. kans, held that the objection was taken at the right season, and on the above principle, the majority of the Court, as constituted at Mon.

THE STUDENT'S CORNER. mouth by the Special Coinmission, and adjourned to Westininster, were in favour of the prisoners. A minority of the Judges who To the Editor of The Legal Obsesver. assisted, also thought the objection was taken

Sir, in time. Chief Justice Tindal was of different A. conveys to B. for a valuable considera. opinion, and a majority of the Judges who tion. The draft is, by mistake, drawn “ to and attended to give their assistance to the ad. to the use of C. in trust for B.” the purchaser. journed Court, coiucided with C. J. Tindal. After which follows an assignment from D. to The result therefore, is, that the majority of C. of an outstanding terms in order to merge.

« EelmineJätka »