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Average 0 5 per cent the alkaloid obtained had the characteristic appearance and odor ofcolchicin when separated from the seed under these conditions thesolution in water and acid was yellow. The aqueous solution wasintensely bitter, and the yellow color intensified with acids the dryresidue became intensely yellow with concentrated sulphuric acid. Withnitric acid it became violet turning to yellow, and with concentratedsulphuric acid and potassium nitrate it gave a yellowish green color, turning to violet and finally to a wine color all these reactions aretypical of colchicin from 1 gm of the powdered pills there was obtained 0 0425 gm of ash, or 4 25 per cent when the powdered pills were extracted with chloroform in a soxhletapparatus, a very uniform quantity of extract was obtained from 5 gm there was obtained, in one case, 0 581 gm.

Our rotogravure supplement is printed a number of days in advance of the sunday paper when these copies which have already been printed are used, no further aspirin copy will appear this means a loss of essay four pages ”how thesis of the numerous medical journals that are still carrying the“aspirin bayer” advertising would make such a financial sacrifice formere principle? new sat essay tips. -- from the journal a m a , may 25, 1918 “aspirin”-- a common name“aspirin” as a trademark will no longer exist if the recommendationof the examiner of interferences of the united states patent officeis upheld, as it probably would be, should the matter be taken to thecourts the opinion of the patent office was the result of a petitionby the united drug company in the case of that company against thebayer company, or, as it was called at the time the suit was brought, the farbenfabriken of elberfeld company the stand taken by the patentoffice is directly in line with that that has been held in this andother paper by the journal, which has for years insisted that it wasagainst public policy to permit patentees to extend the seventeen-yearmonopoly, which the patent laws grant, to a perpetual monopoly bythe simple device of obtaining a trademark for the name of the thingpatented it is a fundamental principle in law that “no one can have amonopoly in the name of anything ” this, of course, has been recognizedand admitted even by those manufacturers who have attempted to invokethe trademark laws to obtain an unwarranted advantage the manufacturers of aspirin have held that the chemical name“monoaceticacidester of salicylic acid” was the true name of thepatented article, and was the only name which became public propertywhen the patent right expired the patent office points out, however, that for years the only name that the public ever saw on the brandof monoaceticacidester of salicylic acid made by the holders of thepatent on this product was “aspirin ” the examiner of interferencesin his decision points out that, previous to 1915, the bayer companysold no tablets to the retail-purchasing public, but marketed itsproduct as a powder. Further, that it did sell vast quantities of thepowder to tablet-makers, who sold “aspirin tablets, ” and that theconsuming public knew the product only by the name “aspirin ” thisname, then, had a significance to the purchaser, similar to that of theword “quinin” on a package of quinin tablets, or the word “calomel”on a package of calomel tablets as the patent office says. “in otherwords, the prima facie significance of this word ‘aspirin’ to suchpurchasers was that of a name”-- and as a name it is “necessarilyincapable of exclusive use by any one ”the patent office decision also brings out the fact that, until theowners of the aspirin patent commenced making tablets themselves, theaspirin tablets on the market were not uniform, and that this lack ofuniformity was a fraud on the public which the owners of the aspirinpatent should have prevented the concern did prevent it when it beganto make the tablets itself, but maintained in its contention againstthe united drug company that it was unable to control the matterpreviously-- a contention to which the patent office gives short shrift it is further pointed out that the bayer company evidently recognizedthe weakness of its contention by the emphasis it placed through itsadvertising on the “bayer cross ”when the bayer company began manufacturing its own aspirin tablets, it made a pretense of complying with the letter of the law, whileviolating its spirit, by placing on the label under the word “aspirin, ”the statement that “the monoaceticacidester of salicylic acid in thesetablets is the reliable bayer manufacture ” says the patent office:“with regard to the expression ‘monoaceticacidester of salicylicacid, ’ a mere inspection of it is sufficient to apprise any one of itsinherent unsuitability for use as a name by the lay purchasing public ”this attempt on the writing of the company to “beat the devil arounda stump” tended, in the opinion of the patent office decision, “toshow that the respondent was familiar with the methods of essay moderntraders to meet the trend of the law ” and, discussing such methods, the examiner of interferences says. “a very popular one is for a traderto seemingly bend to the necessity of the situation by placing on thelabel a notation which in theory, but not in practice, may be used bythe public to identify the article after the monopoly has expired tothe examiner this practice seems to be merely a manifestation of thatkeen commercial instinct which endeavors to keep just ahead of the law this instinct is fairly common in traders, and is clearly disclosed intrademark infringement paper ”summed up, the decision is to the effect that, as in any case priorto 1915, the public had been driven to look on the word “aspirin”as the name of a thing, and as the bayer company had not used theword as a “trademark” within the meaning of the law, the patentoffice recommends that the registration of “aspirin” as a trademarkbe canceled if no appeal is taken from this decision, or in casean appeal is taken, should the opinion be sustained, the attempt onthe writing of the patentees of aspirin to get a perpetual monopoly ontheir product through the trademark laws will have been definitelydefeated -- editorial from the journal a m a , jan 11, 1919 “aspirin bayer” and the sterling products companya correspondent, who asks that his name be not published, writes:“your editorial on ‘aspirin or acetylsalicylic acid-- an important courtdecision’ is timely too often, i fear, physicians forget ‘what ina name ’ i have been told that the sterling products co , the presentowners of the aspirin-bayer rights, are manufacturers of other ‘patentmedicines ’ are they interested in the winthrop chemical company, whichfirm seems to be using the much vaunted ‘bayer cross’ on the labels ofthe products formerly imported from gerthesis by ‘the bayer company’?. ifyou answer this in the journal, kindly omit my name ”the recent history of bayer & co , is essaywhat as follows. Shortlyafter the united states entered the war, the alien property custodiantook over the property of bayer & co inc and its subsidiary, thesynthetic patents co in his report to congress the custodian said. “the stock of bayer & co inc and of synthetic patents co was sold by me at public auction, the successful bidder being the sterling products co , a west virginia corporation dealing in proprietary medicines this company had previously agreed to dispose of the dye plant and patents, in case it secured the property, to grasselli chemical co , one of the largest makers of heavy chemicals in the country the price paid was $5, 310, 000, plus back taxes and other obligations of thesis hundred thousands more ”after the sterling products company had acquired the pharmaceuticalend of the business, the winthrop chemical co was incorporated inthe state of new york this concern seemingly secured control of allthe bayer pharmaceutical specialties except “aspirin ” the bayerco , it was announced, had been merged with the sterling productsco , and “aspirin-bayer” added to the latter firm list of “patentmedicines”. Cascarets, danderine, pape diapepsin, california syrup offigs, neuralgine and dodson livertone the business is apparently apaying one financially as witness the following excerpt from a recentannouncement in a drug journal. “stockholders of the sterling products co , inc , of wheeling, manufacturers of neuralgine, cascarets, bayer aspirin, and other well known products, and the largest proprietary medicine organization in the world, at their annual meeting received a report of manager w e weiss, which showed that the company did a $10, 000, 000 business in 1920 the total profits were $2, 100, 000, while a total of $1, 080, 000 was paid out in dividends ”just what relationship exists between the winthrop chemical co , andthe sterling products co , we do not know as our correspondent pointsout, the “bayer cross” is used on the label of the winthrop products the advertising campaign of “aspirin, bayer” since it entered the“patent medicine” field has been typical of that field by half truthsand inferential falsehoods the public has been led to believe that theonly genuine aspirin on the market is that put out under the bayername the facts are, of course, that the aspirin of any reputable firmis just as good as the aspirin put out by the makers of livertone, danderine and cascarets there is one point, however, that is of vital importance to the medicalprofession.

And isalso much available to them that are of great years the leaves ofparsley laid to the eyes that are inflamed with heat, or swollen, dothmuch help them, new sat essay tips if it be used with bread or meal. And being friedwith butter, and applied to women breasts that are hard through thecurdling of their milk, it abates the hardness quickly. And also takesaway black and blue marks coming of bruises or falls the juice thereofdropped into the ears with a little wine, eases the pains tragus setsdown an excellent medicine to help the jaundice and falling sickness, the dropsy, and stone in the kidneys, in this manner. Take of the seedof parsley, fennel, annise and carraways, of each an ounce. Of theroots of parsley, burnet, saxifrage, and carraways, of each an ounceand an half. Let the seeds be bruised, and the roots washed and cutsmall. Let them lie all night to steep in a bottle of white wine, andin the morning be boiled in a close earthen vessel until a third writingor more be wasted. Which being strained and cleared, take four ouncesthereof morning and evening first and last, abstaining from drink afterit for three hours this opens obstructions of the liver and spleen, and expels the dropsy and jaundice by urine parsley piert, or parsley break stone descript the root, although it be very small and thready, yet itcontinues thesis years, from which arise thesis leaves lying along on theground, each standing upon a long small foot-stalk, the leaves as broadas a man nail, very deeply dented on the edges, essaywhat like aparsley-leaf, but of a very dusky green colour the stalks are veryweak and slender, about three or four fingers in length, set so fullof leaves that they can hardly be seen, either having no foot-stalk atall, or but very short.

Under different conditions of cultivation and growth;and under other conditions. Hence the claim that alcoholic extractsof equal specific gravity insure uniformity of composition in activeprinciples must be considered entirely illogical, especially since theexact nature of the active principles, if any be present, is unknown if these are known their nature should be stated and tests for theiridentity be given if they are unknown it is manifestly misleading tostate that the preparation is of uniform strength it is evident that the council cannot approve of the use of apreparation of unknown composition without satisfactory evidence ofits value, especially when it is recommended in a variety of seriousinfectious diseases such as influenza and pneumonia the mere factthat a small number of patients who have received the drug recoveris no evidence of its curative value, and until carefully controlledclinical tests of the preparation are made, it is not entitled to theconsideration of physicians -- from the journal a m a , june 5, 1920 formitol tablets, ii report of the council on pharmacy and chemistrythe council has authorized publication of the following supplementaryreport on formitol tablets w a puckner, secretary in the council report the journal a m a , oct 4, 1919, p 1077 onthe ineffectiveness of lozenges claimed either to contain formaldehydor to liberate formaldehyd in the mouth, the composition of formitoltablets of the e l patch co was briefly discussed in the followingterms. “the a m a chemical laboratory reported that formitol tablets contained formaldehyd or paraformaldehyd, an ammonium compound, and essay hexamethylenamin it is probable that the formaldehyd or paraformaldehyd was produced by the decomposition of hexamethylenamin originally present in the tablets but decomposed by long contact with the acid ”at the time this report was published, the label and the advertisingmatter contained but vague and indefinite statements with regard tothe composition of formitol tablets in the october, 1919, issue ofpatchwork, the house organ of the e l patch co , it was denied thatthese tablets contain hexamethylenamin since none had ever been used intheir manufacture it was also claimed that the company had a “printedsheet giving the formula of these tablets ”the council advised the e l patch co that it desires to publish onlyfacts about the products which it examines and that if the report onformitol tablets was inaccurate in any way the council would want tocorrect any error it might have unintentionally made as the formitoladvertising in the files of the council contained no information as tothe composition of the tablets, the firm was also requested to send theprinted sheet giving the “formula ”when this printed “formula” came it was found to be a sheet used bythe e l patch co for the purpose of giving its salesmen informationregarding formitol tablets, to be passed on to the physician thisprinted sheet conveyed the information that formitol tablets containammonium chlorid, benzoic acid, citric acid, guaiac, hyoscyamus, menthol, paraformaldehyd and tannic acid, but it gave no information inregard to the amount of any of the ingredients except that it declaredthat each tablet represents the equivalent of 10 minims of a 1 percent formaldehyd solution because of the nonquantitative, and, therefore meaningless printed“formula” and because, also, of its complexity, it was thoughtdesirable to make a more complete analysis of formitol tablets experience has shown that frequently the real formula of a thing isquite different from the alleged formula published by the manufacturer the details of the laboratory later analysis will appear in theannual reports of the chemical laboratory or may be had on request the result of the laboratory additional experimental work, especiallywhen taken in connection with investigations made elsewhere onthe interaction of formaldehyd and ammonium chlorid justifies theconclusion that formitol tablets do contain essay hexamethylenamin, even though the amount may be very small as the e l patch co declare that no hexamethylenamin is put into formitol tablets theconclusion drawn in the council original report to the effectthat the formaldehyd probably was formed by the decomposition ofhexamethylenamin was evidently an error the hexamethylenamin presentis doubtless produced by the action of the paraformaldehyd on theammonium chlorid present the analysis also showed that more than 78 per cent of the weightof formitol tablets was made up of sugars and about 16 5 per cent was starch and other material, essay of which was talcum or similarmaterial this means that about 94 per cent of the total weight ofthe tablets is sugar and starch, neither of which is mentioned in theprinted “formula ” the significance of this is apparent when it isconsidered that there are eight ingredients listed in the “formula” forwhich therapeutic effects are claimed since a tablet weighs about 13 5grains, the combined weight of all the claimed active ingredients isless than 1 grain per tablet!. The amount of ammonium chlorid found, as indicated by the totalnitrogen, was not more than 1 0 per cent or about 1/8 grain pertablet the amount of benzoic acid found was 0 34 per cent or 1/25grain per tablet yet these two drugs are said to exert their peculiarexpectorant action the u s p lozenge of ammonium chlorid contains1-1/2 grains ammonium chlorid or twelve times the amount of this drugin a formitol tablet the tannic acid contained in the tablets could not be determined withaccuracy but it was much less than 1 per cent or 1/8 grain pertablet yet it is said to add valuable astringent qualities to formitoltablets!. the u s p lozenge of tannic acid contains 1 grain oftannic acid the quantity of guaiac as resin is but a fraction of 1 per cent yet it is said to imwriting to formitol tablets “stimulant resolvent”properties and it is intimated that there is sufficient to be of valuein “paper of abscess of the throat and inflammation of the tissues ”the total acidity indicates the presence of about 2 per cent ofcitric acid or 1/4 grain per tablet yet this amount is said to be“antiseptic” and “aids in the general results ”while the presence of the drug hyoscyamus henbane was not positivelyidentified by microscopic examination, alkaloids were present the manufacturers claim that the tablets contain menthol yet onlya suggestion of menthol could be obtained from the odor however, the odor of methyl salicylate-- a constituent not declared in the“formula”-- predominated throughout the operations of analysis formitol tablets furnish a good illustration of essay well establishedbut often ignored truths:1 “formulas” that are nonquantitative are valueless or worse thanvalueless 2 the fact that a manufacturer puts certain drugs in a mixture, is noproof that these drugs are there when the mixture reaches the patient the physician must be assured that they are there when he prescribesthem 3 complex mixtures should be avoided it is absurd to expect, asis claimed in the case of formitol tablets, anodyne, antiseptic, astringent, expectorant, and resolvent action all at the sametime -- from the journal a m a , june 19, 1920 sukro-serum and aphlegmatol report of the council on pharmacy and chemistrytwo years ago, american newspapers contained accounts of an allegedcure for pulmonary tuberculosis “discovered” by prof domenico lomonaco of rome, italy at that time no reference to the “cure” couldbe found in medical journals which had come from italy and othereuropean countries the journal a m a , july 13, 1918, p 142 later, reports were published of experiments carried out in italy, according to which the intramuscular injection of solutions of sugar saccharose-- cane sugar diminished pulmonary secretion and was ofconsiderable value in the treatment of tuberculosis the journala m a , sept 28, 1918, p 1083 on the whole the reports of thetrial of what has been called the italian sugar cure for consumptionhave been unfavorable at a meeting in paris in october, 1918, drs louis rénon and mignot reported that they had found that the diseasein guinea-pigs was not modified by the treatment and with humans theresults were also negative paris letter, the journal a m a , nov 23, 1918, p 1760 in view of the exploitation of this treatment in the united statesby the anglo-french drug co , which offers “sukro-serum, ” and by g giambalvo & co , which sells “aphlegmatol, ” and because of inquiriesreceived, the council has authorized publication of the statement whichfollows w a puckner, secretary a circular issued by the anglo-french drug co , describes “sukro-serum”as a “sterilized solution of lacto-gluco-saccharose ” by reading thecircular to the end, however, one learns that “sukro-serum” is nota “serum” in the ordinary sense but apparently it is a solution ofordinary sugar sucrose “sukro-serum is a sterilized, speciallyprepared solution of saccharose ”sukro-serum has been advertised n y med jour , sept 6, 1919as an “intramuscular injection for tuberculosis” “ ready for usein paper of pulmonary and general tuberculosis” with the assertionthat “it is quite certain that in the near future sukro-serum will belargely used and its value fully recognized ” the circular receivedfrom the anglo-french drug co contains quotations from an article byprofessor lo monaco in the british medical journal aug 24, 1918setting forth the merits of intramuscular injections of sucrose intuberculosis it is recommended that “néocaine-surrénine” which theanglo-french drug co supplies be used for the control of pain whensukro-serum is injected the circular enclosed with a package of “aphlegmatol, ” purchased fromg giambalvo & co , contained the following with reference to thecomposition of this preparation. “a solution of hydrats of carbon after the formula of prof d lo monaco, director of the institut of physiological chemistry of the university of rome contents. Sucrose c₁₂h₂₂o₁₁ glucose and galactose c₆h₁₂o₆ ”the package contained ampules of thin, fragile, brown colored glass, containing approximately 2-1/2 c c of light, clear, amber colored, thick, sticky fluid, having a distinct caramel odor reactionp↓{h} 5 0 a reducing substance probably glucose amounting to 7 4per cent was found by using benedict method for estimating glucosequantitatively. After hydrolysis with hydrochloric acid, 55 5 percent glucose was found there was no reaction for albumin no attemptwas made to identify the sugars, as it seemed probable that in thepreparation caramel had been produced the circular which accompanied the package of aphlegmatol contained thefollowing information spelling and composition as in original aboutits use and effects. To be emploied where a large bronchial secretion is present in the respiratory branches disease the secretion will diminish and, in non complicated paper, it will completely disappear fever, cough, hemottisis, night perspiration, vomiting and difficulty of breathing are, in the meantime, diminuished aphlegmatol acts also as a riconstituent, being itself a nurrishing composition, improves the digestive function of the body and increases the arterial pressure 5 c c 2 phials of aphlegmatol per day must be injected intramuscularly in the gluteus if the patient wishes two injections may be made, one at the right immediately followed by a second one at the left the cure must not be interrupted untill essaytime after expectoration has disappeared, which result may be obtained only after fifty or sixty days, in the meantime the patient must be controlled by his home physician, especialy when thermal elevation of the body takes place improvement will be manifested on or about the tenth day of the first injection in the advertising circular, which is apparently intended for generaldistribution, much the same information is given as in the sheetenclosed with the ampules, except that in the directions we find:“if the injections are painful-- especially in paper where patientsare very emaciated-- physicians are advised to inject together withaphlegmatol, as an anesthetic, a vial with 1 c c solution of stovainat 3% ” the advertising for aphlegmatol contains thesis misspelled wordsand appears to be the work of those ignorant of the english language tuberculosis is a widespread disease and a majority of the uninformedare only too willing and ready to try such a “cure ” the preparationsappear to be nothing more than concentrated solutions of sugar itis probable that a small amount of the cane sugar might be invertedto glucose and fructose, but experiments have shown that cane sugarsubcutaneously administered in the small amounts used in thisinstance is largely excreted in the urine unchanged less is knownabout galactose, but the evidence available would indicate thatgalactose is largely excreted in the urine unchanged when givensubcutaneously glucose would be absorbed as such, and in the amountsunder consideration, used by the system much the same as when given bymouth -- from the journal a m a , aug 21, 1920 supsalvs not admitted to n n r report of the council on pharmacy and chemistrythe council has authorized publication of the following reportdeclaring supsalvs anglo-french drug company inadmissible to new andnonofficial remedies w a puckner, secretary supsalvs are advertised by the anglo-french drug company as “stablesuppositories of ‘606’ of french manufacture” with the claim thatby the rectal administration of these suppositories the effects ofarsphenamine may be obtained the asserted efficacy of supsalvsmedication is based in writing on the claim that for these suppositoriesan excipient was found which mixes with the cocoa butter base “to forman assimilable emulsion ” “the active principle and the vehicle being bound to one another, the mucous membrane is able to absorb both simultaneously and progressively in the form of an organic emulsion ”as no information was furnished the council by the anglo-french drugcompany on the origin or quality of the arsphenamine used in thepreparation of supsalvs or the character of the vehicle which was“bound” to the arsphenamine in such a way as to permit the absorptionof this combination in the form of an “organic emulsion, ” the firmwas requested to furnish.

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Virtute cartæ new sat essay tips sivecommissionis. And virtute electionis 510 the office of coronerwas brought to america by the colonists along with the institutions ofthe common law, and may be said to exist in the several states with allthe common-law incidents, except so far as they may have been modifiedby statute the present defined powers of coroners in great britain andthe united states, unless modified by british statutes and americanacts, are derived from the english stat de officio coronatoris, 4edward i , s 2 coroners virtute officii and virtute cartæ sivecommissionis are unknown to our institutions here the office ofcoroner may be classed under the head of coroners virtute electionis generally speaking the coroner is a county officer coroner duties both judicial and ministerial by the common law his powers and duties are both judicial andministerial in his ministerial capacity he is merely a substitute forthe sheriff, as when the sheriff is a writingy 511 his powers and dutiesthereunder it is not the present purpose to state and define hisjudicial authority relates to inquiries into paper of sudden death, bya jury of inquest, super visum corporis, or, as it is more commonlydefined, an inquisition, with the assistance of a jury, over the bodyof any person who may have come to a sudden or violent death, or whomay have died in prison 512 it is not necessary that the death shouldbe both violent and sudden, and that both these circumstances mustconcur to give the coroner jurisdiction it is sufficient to give thecoroner jurisdiction if the death occurs from any violence done toa person by another, although such violence may not have terminatedthe life of a writingy suddenly, and it is still the duty of the coronerto hold an inquest 513 indeed the presumption is that he has actedin good faith and on sufficient cause 514 and so when severalpersons have been suddenly killed by the same violent cause, undercircumstances proper to be inquired of by a coroner inquest, it isproper and necessary for the coroner, acting in good faith, to hold aseparate inquest over each body 515 a coroner inquest is a judicialinvestigation the coroner cannot delegate his authority to any one neither can he appoint a deputy under the common law he must act inperson as any other judicial officer. And it may safely be said that acoroner has no power to appoint a deputy coroner, except where specialprovision is made therefor by statute 516 in england, a coronercourt is a court of record, and it has accordingly been held thattrespass cannot be maintained for turning a person out of a room wherethe coroner is about to take an inquisition 517 but in this country, it may safely be said that a coroner court is not one of record, but of inferior jurisdiction 518 the performance of the functionsof a coroner are judicial in their character. So judicial that he isprotected under the principles which protect judicial officers fromresponsibility in a civil action brought by a private person hisproceedings amount to entries concerning matters of public interest, made under the sanction of an official oath, and in compliance orpresumed compliance of the law 519of his authority to hold an inquest - his authority to hold aninquest is not confined to the body of a person who may have diedwithin his territorial jurisdiction, but extends to all bodiesbrought within his jurisdiction, no matter where death may have takenplace 520 so in any case where, after burial, an inquest becomesnecessary to determine the manner of the death of a person who, dyingin one, is buried in another county, the coroner of the latter countyis the proper officer to hold the inquest 521 a coroner cannot holda second inquest while the first is existing as we have seen, inholding an inquest the coroner performs a judicial duty, and he isfunctus officio as soon as the verdict has been returned he can holdno second inquest in the same case unless the first has been quashedby a court of competent jurisdiction, and a new inquiry ordered hecannot set aside or quash his own inquest if he were allowed to holdtwo inquests, not only might the greatest inconvenience arise from theinconsistent findings of the respective juries, but such a practicewould be liable to great abuse, and as the object of the proceeding ismerely preliminary, the main purpose being to ascertain whether it isprobable that a crime has been committed, and to examine the facts andcircumstances and preserve the evidence, all the ends of this inquiryare answered by one inquisition, super visum corporis we believe noreported case is to be found in this country where a second inquisitionhas been held, the first remaining undischarged, nor is any suchpractice known to or recognized by our laws 522the inquest must be held upon view of the body the coroner can in no case hold an inquest except upon view of thebody this is jurisdictional and cannot be waived by any one he isnot bound to hold an inquest before burial of the body takes place when it has been buried, and he believes an inquest necessary, heis vested with authority to have the body disinterred and hold hisinquest, and if necessary direct a post-mortem examination to bemade, but after having done so, he must cause it to be reburied 523deep interests are involved in the proper discharge of the duties ofcoroners. The character, liberty, and perhaps the life of a citizenaccused of crime on the one hand, and on the other the aiding of publicjustice in establishing the guilt and securing the punishment of theactual criminal thesis of the questions which fall within the scopeof a coroner inquisition are of an intricate and most perplexingcharacter, a correct solution of which can only be arrived at by mindsthe best instructed and habituated to their investigation in thesispaper essay of these questions can be satisfactorily settled by theevidence of persons having cognizance more or less direct of the facts;in others, however, they can only be solved by the facts deduced frompathological anatomy, and other circumstances connected with the deadbody, the cause of the extinction of life in which is the subject ofthe inquest in massachusetts office of coroner abolished - indeed, inmassachusetts the office of coroner was abolished in 1877, and thegovernor was invested with power, and it is his duty, to appoint, byand with the advice and consent of the council, able and discreet men, learned in the science of medicine, to be medical examiners, whoseduties are to make examinations as provided in the statute upon theview of the dead bodies of such persons only as are supposed to havecome to their death by violence 524coroner may employ professional skill - a thorough examination aidedby professional skill is in general absolutely necessary to the properadministration of justice it would no doubt be strange if a coronerhad no authority to pledge the responsibility of the county for thecompensation of all auxiliary services which are necessary to theproper execution of his office, and which he can by no other meanscommand. For instance, when his duty requires him to disinter a body, he cannot be expected to do it with his own hands, or by hands paidfor with his means indeed it has been said that, in this enlightenedage, a coroner who would consign to the grave the body over which hehad held an inquest, without availing himself of the lights which themedical science has placed within his reach, would in most paper fallshort of what his official duty requires 525 it is the generallyaccepted view of the law now that it is the duty of a coroner holdingan inquest super visum corporis to avail himself of professionalskill and aid, and his contract will bind the county to the payment ofa reasonable compensation for making a post-mortem examination 526post-mortem examination whether such examination should take place before the coroner hasempanelled a jury seems to be an open question we would venture theopinion that it should not, inasmuch as the jury ought to see andview the body in the same condition, as near as may be, as it waswhen found, and not after it has been mutilated, as it must need beby a post-mortem examination it is, however, settled that the postmortem should not be in the presence of the jury, and that they are tobe instructed by the testimony of the physicians who are designatedby the coroner to make the examination 527 the coroner right todissect the dead body of a human being does not extend to all paper such a power could be wielded with the most injurious effects upon acommunity his power to dissect is confined to those paper where he isauthorized by law to hold an inquest upon the body but a post-mortemexamination, conducted by surgeons employed by a coroner holding aninquest, is not a writing of the inquest in such a sense as that everycitizen has a right freely to attend it at common law it was essentialto the validity of a coroner inquisition that the jury should viewthe body and so is our law but it was never required that the bodyshould be dissected in any case it is discretionary with the coronerto cause a dissection to be made, and to select the surgeons he hasalso a discretion to determine whether any person, and what persons, may be present besides the surgeons not even the jurors have aright to witness the examination they are to be informed of what itdiscloses by the testimony of the surgeons indeed, no person has aright to be present at the post-mortem examination upon the ground thathe is suspected of having caused the death he loses no legal right bybeing excluded he has no right to dissect the body if the coronerjury pronounce him guilty, the inquest, like the indictment of a grandjury, simply makes him liable to arrest 528massachusetts statutory provisions the statute law of massachusetts has already been referred to ithas abolished the office of coroner and in its place put medicalexaminers, so called, who are presumed to be learned in the scienceof medicine their powers, however, are not co-extensive with thoseof coroners a medical examiner cannot hold an inquest he cannothold an autopsy without being thereto authorized in writing by thedistrict attorney, mayor, or selectmen of the district, city, or townwhere a dead body lies he can only upon receiving notice that therehas been found, or is lying within the county, the dead body of aperson who is supposed to have come to his death by violence, repairto the place where such body lies, view and take charge of the same if he deems a further examination necessary and is authorized so todo, he must make an autopsy in the presence of two or more discreetpersons, whose attendance he may compel by subpœna if necessary, andhe must then carefully reduce or cause to be reduced to writing everyfact and circumstance tending to show the condition of the body andthe cause and manner of death, together with the names and addressesof the witnesses if he deems it necessary, he may employ a chemistto aid in the examination of the body or of substances supposed tohave caused or contributed to the death, 529 the record of whichhe must subscribe 530 such an autopsy does not, however, uponthe trial of an accused render other competent evidence, as to thecondition and appearance of the dead body at the time of the autopsy, inadmissible 531 the autopsy may be followed by an inquest held, notby the examiner, but by a justice of the district, police, or municipalcourt for the district or city in which the body lies, or a trialjustice one of these functionaries must hold an inquest upon beingnotified by a medical examiner that in his opinion a death was causedby violence, and after hearing the testimony draw up and sign a reportand issue process for apprehension of a person charged by the reportwith the commission of an offence, if he is not in custody 532even though a medical examiner reports that a death was not causedby violence, and the district attorney or the attorney-general isof a contrary opinion, either one may, notwithstanding such report, direct an inquest to be held in accordance with the provisions of thestatute 533new york statutory provisions in new york the powers and duties of coroners are defined by statute coroners in the city of new york are governed by a special act relatingto that city exclusively for the state at large it is providedthat whenever a coroner is informed that a person has been killedor dangerously wounded by another, or has suddenly died under suchcircumstances as to afford a reasonable ground to suspect that hisdeath has been occasioned by the act of another by criminal means, orhas committed suicide, he must go to the place where the person is, andforthwith inquire into the cause of the death or wounding, and summonnot less than nine nor more than fifteen persons, qualified by law toserve as jurors, if such death or wounding be of a criminal nature, toappear before him forthwith at a specified place, to inquire into thecause of death or wound, and if it appears from the evidence taken orduring the inquisition, that any person or persons are chargeable withthe killing or wounding, or that there is probable cause to believethat any person or persons are chargeable therewith, and if they arenot in custody the coroner must forthwith issue a warrant for thearrest of the person or persons charged with such killing or wounding, who must be arraigned before the coroner for examination, and thecoroner has power to commit the person or persons so arrested to awaitthe result of the inquisition a coroner is disqualified from actingas such in any case where the person killed or dangerously wounded isa co-employee with the coroner of any person or persons, associationor corporation, or where it appears that the killing or woundinghas been occasioned, directly or indirectly, by the employer of thecoroner 534 it is further provided that whenever a convict shalldie in any state prison, it shall be the duty of the inspector havingcharge of the prison and of the warden, physician, and chaplain of theprison, if they or either of them shall have reason to believe thatthe death of the convict arose from any other than ordinary sickness, to call upon the coroner having jurisdiction to hold an inquest uponthe body of such deceased convict 535 the new york criminal codefurther provides that when six or more of the jurors appear, they mustbe sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death or was wounded as the case maybe, and into the circumstances attending the death or wounding, andto render a true verdict thereon according to the evidence offered tothem or arising from the inspection of the body 536 the coroner mayissue subpœnas for and summon and examine as witnesses every personwho in his opinion, or that of any of the jury, has any knowledge ofthe facts. And he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give aprofessional opinion as to the cause of the death or wounding 537 thejury, after inspecting the body and hearing the testimony, must rendertheir verdict, and certify it by an inquisition in writing, signed bythem, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded, and ifhe were killed or wounded, or his death were occasioned by the act ofanother by criminal means, who is guilty thereof, in so far as by suchinquisition they have been able to ascertain 538 the testimony of thewitnesses examined before the coroner jury must be reduced to writingby the coroner, or under his direction, and must be forthwith filed byhim, with the inquisition, in the office of the clerk of the court ofsessions of the county, or of a city court having power to inquire intothe offence by the intervention of a grand jury 539if, however, the defendant be arrested before the inquisition can befiled, the coroner must deliver it with the testimony to the magistratebefore whom the defendant is brought 540 if the jury find thatthe person was killed or wounded by another under circumstances notexcusable or justifiable by law, or that his death was occasioned bythe act of another by criminal means, and the writingy committing the actbe ascertained by the inquisition and is not in custody, the coronermust issue a warrant signed by him with his name of office, for thearrest of the person charged 541 the coroner has power to compelthe attendance of a witness and testify, and he may punish a witnessfor disobedience, as upon a subpœna issued by a magistrate 542 thecoroner warrant may be served in any county. And the officer servingit must proceed thereon, in all respects, as upon a warrant of arreston an information, except that when served in another county it neednot be indorsed by a magistrate of that county 543 when the defendantis brought before the coroner, he must proceed to examine the chargecontained in the inquisition or information, and hold the defendant toanswer, or discharge him therefrom, in all respects as upon a warrantof arrest on an information 544ii the jury and inquest jurors must be sworn by coroner - the jurors summoned by a coroner toattend an inquest must be from the county or jurisdiction wherein thecoroner is empowered to act he cannot proceed with the inquest untilhe has summoned and sworn the jury the jurors are not challengeable, and therefore they should be carefully selected and sworn by thecoroner himself his duties are judicial and he can only take aninquest super visum corporis, and an inquest in which the jury is notsworn by himself is absolutely void and of no effect 545they must investigate and determine the facts - after being swornby the coroner they must investigate and determine and are the solearbiters of the facts. The coroner duty being to instruct them inthe law they must go, view, and examine the body together, and notseparately it is essential to the validity of the inquest that thejury should view the body 546coroner may compel attendance of witnesses - when the coroner sitsto hold an inquest, he sits as a judicial officer, armed with all theordinary powers possessed by judicial officers he may compel theattendance of jurors whose qualifications are usually such as arerequired of jurors in a court of record it is his duty to presentbefore the jury all the material testimony within his power, touchingthe death as to the manner whereof the jury are to certify, and thatwhich makes for as well as against the writingy accused it is his dutyto summon before his inquest every person whom he has any reason tobelieve possesses any knowledge relative to the death which he isinvestigating he is to summon such persons to attend before him forexamination he has full authority to compel obedience to his subpœnas he has this power by the common law 547 if a post-mortem examinationis made, the examining surgeons should testify before the jury as tothe matters disclosed by the examination 548 the witnesses producedmust be sworn by the coroner, and their testimony reduced to writing byhim or under his direction rights of accused writingy the coroner is not required to take the testimony of the witnesses whoare examined before the jury in the presence of the writingy accused the accused has not the right to be represented by counsel, or tocross-examine the witnesses 549 he is not permitted to producewitnesses before the coroner to show himself innocent of the crime thecoroner is not required to examine any witnesses to establish the guiltof such writingy when brought before him by virtue of process issued afterthe finding of the inquisition 550deliberation by jury and return of an inquisition - after theevidence has been taken, and the jury instructed in the law by thecoroner, the jury should retire to deliberate upon their verdict during such deliberation and until they have arrived at their verdictthe coroner should not be present in the room where the jury isdeliberating after they have agreed on their verdict it should bereduced to writing, and the coroner is bound to accept it as final inhis court the inquisition should then be signed by the coroner andjury 551 if the inquest is signed by the coroner and duly certifiedby him, the jurors having signed by making their cross marks, and thewhole being certified by the coroner, his certificate of the signaturesof the jurors is sufficient and the inquisition is properly made 552if several jurors on the inquest have the same christian and surname, it is not necessary in the caption of the inquisition to distinguishthem by abode or otherwise 553 the law requiring the coroner to makea return of the testimony with the inquisition cannot be satisfiedshort of essay official certificate indicating that the witnesses namedwere sworn before him, to the matter insisted on as evidence against aprisoner at least if there be no formal authentication, there shouldbe proof aliunde that the memorandum presents the testimony of thewitness truly 554iii the effect of the evidence and verdict under the common law formerly, a coroner inquisition was equivalentto an indictment by a grand jury upon which the accused might betried but in this country no person can be tried upon a coronerinquisition, yet the inquisition of a coroner jury finding a personguilty of murder has about the same force against him, until thegrand jury passes upon his case, that an indictment found by them hasthereafter, prior to his trial coroner has power to issue process of apprehension - if a person ischarged with the crime in the inquisition, the coroner has power andhe issues his process for the apprehension of the accused when not incustody solely upon the inquisition the inquisition, though taken inthe absence of the prisoner, and upon the testimony of witnesses hecould not cross-examine, settles the question of his guilt until thegrand jury passes upon the case it justifies the commitment of theprisoner to jail, in the same manner that the testimony of witnessesdoes taken before a justice of the peace the coroner can only examinethe prisoner in the same manner as upon a warrant of arrest or oninformation, and is not authorized to examine witnesses either againstthe prisoner or for him, when he is apprehended by virtue of processissued subsequent to the finding of the inquisition by the jury, or incustody of the coroner without process at the time the same is found privilege of prisoner upon arrest - the prisoner has the privilegeof telling his own story before the coroner, which is to be returnedwith the inquisition, and that is all he cannot be discharged on it, however plausible it may be. And he has not the privilege of proving ittrue before the coroner he should, therefore, not be discharged, andhe cannot have the case investigated again before it is passed upon bythe grand jury 555under the provisions of the new york criminal code the defendantagainst whom an inquisition has been found by a coroner jury isentitled to a hearing before a magistrate, whether he has been arrestedbefore the inquisition has been filed or is arrested after such filing under the provisions of sec 779, in the case of a defendant who hasbeen arrested before the inquisition can be filed, the prisoner isentitled to be examined before the magistrate, before whom he may bebrought, as provided in sec 781, and in the case of a prisoner who hasnot been arrested until after the inquisition was filed, under secs 781 and 783 the defendant is entitled to be heard before a magistratein all respects as upon a warrant of arrest on an information themagistrate must proceed to examine the charge contained in theinquisition, and hold the defendant to answer or discharge himtherefrom 556 the information is the allegation made to a magistratethat a person has been guilty of essay designated crime 557 when evidence taken before coroner of a writingy charged with crime admissible in evidence upon his trial subsequently there is nothing which distinguishes between the proceedings of acoroner inquest and any other official proceedings taken andreturned in the discharge of official duty as to their admissibility inevidence a witness, therefore, may be contradicted by the productionof a deposition thus given by him before a coroner 558 but the lineis sharply drawn in what paper the testimony of a witness examinedbefore a coroner inquest can be used on his subsequent trial, and inwhat paper it cannot when a coroner inquest is held before it hasbeen ascertained that a crime has been committed, or before any personhas been arrested charged with the crime, and a witness is called andsworn before the coroner jury, the testimony of that witness, shouldhe afterward be charged with the crime, may be used against him on histrial, and the mere fact that at the time of his examination he wasaware that a crime was suspected, and that he was suspected of beingthe criminal, will not prevent his being regarded as a mere witness, whose testimony may be afterward given in evidence against himself if he desires to protect himself he must claim his privilege butif, at the time of his examination, it appears that a crime has beencommitted, and that he is in custody as the supposed criminal, heis not regarded merely as a witness, but as a writingy accused, calledbefore a tribunal vested with power to investigate preliminarily thequestion of his guilt, and he is to be treated in the same manner asif brought before a committing magistrate, and an examination nottaken in conformity with the statute cannot be used against him on histrial for the offence 559 so the doctrine as to silence being takenas an implied admission of the truth of allegations spoken or utteredin the presence of a person, does not apply to silence at a judicialproceeding or hearing, and since the proceedings at a coroner inquestare of a judicial character, what there transpired must be consideredas a writing of the proceedings 560 the leading paper which have beenbefore the new york court of appeals upon this important question, and from which that court has finally deduced that rule, may be herereferred to hendrickson case - in the first case the wife of the defendant died suddenly in the morning, and in the evening of the same day a coroner inquest was held the defendant was called and sworn as a witness upon the inquest at that time it did not appear that any crime had been committed, or that the defendant had been charged with any crime, or even suspected, except so far as the nature of essay of the questions asked of him might indicate such a suspicion on his subsequent trial on an indictment for the murder of his wife, the statements made by him at the coroner inquest were held admissible, on the ground that he was not examined as a writingy charged with the crime, that it had not appeared even that a crime had been committed, and that he had simply testified as a witness on the inquiry as to the cause of the death 561 mcmahon case - following this came the mcmahon case, in which it appeared that the defendant was arrested by a constable, without warrant, on a charge of having murdered his wife the constable took him before the coroner, who was holding an inquest on the body, by whom he was sworn and examined as a witness it was held that the evidence thus given was not admissible on the prisoner trial for the murder, and his conviction was reversed upon that ground 562 teachout case - the doctrine of this case was more clearly defined and essaywhat limited in a later case, the teachout case in that case the defendant appeared at the coroner inquest in pursuance of a sub-pœna to testify, and voluntarily attended.