one way and 6 for another; that Mr. Whyte dictated
the verdict to the Coroner, and the Coroner asked
the 13 men if that was what they agreed to. Mr.
Whyte’s statement was that the jury, through
the foreman, stated what their verdict was; that he
wrote it down, and that the Coroner asked him for
what he had written, and used it himself. But
in addition to that, when the jury came in the Coroner
and Mr. Whyte divided them—placed them
apart while the verdict was being written—and
then said to the 13 men, “Is that what you agree
to?” Such apparent misconduct it was hardly
possible to conceive in anybody occupying a judicial
position as did the Coroner, and especially a Coroner
who had an inquisition quashed before. What he
had mentioned was sufficient to call forth the emphatic
decision of the court quashing the proceedings, which,
however, were also impeached on the grounds of its
insufficiency and irregularity, and of the character
of the finding itself. It was not until the Coroner
had been threatened with the consequences of his contempt
that he made a return to the visit of certiorari,
and it was then found that out of ten so-called depositions
only one contained any signature—that of
Dr. Clarke’s, which was one of those lost by
the clergyman, and not before the jury on the 1st
September. He (the Lord Chief-Justice) had tried
to read the documents, but in vain—they
were of such a scrawling and scribbling character,
but, as he had said, all were incomplete and utterly
worthless except the one which was not properly before
the jury. Then, what was the finding on this
inquisition, which should have been substantially
as perfect as an indictment? “That Mary
Anne Gaffney came by her death, and that the mother
of this child, Ellen Gaffney, is guilty of wilful
neglect by not supplying the necessary food and care
to sustain the life of this child.” Upon
what charge could the woman have been implicated on
that vague finding? He (his Lordship) could understand
its being contended that that amounted argumentatively
to a verdict of manslaughter; but the Coroner issued
his warrant and sent this woman to prison as being
guilty of murder, and she remained in custody, as
he had already remarked, until discharged by the learned
judge who went the Winter Assizes in December.
Upon all of these grounds they were clearly of opinion
that this inquisition should be quashed, and Mr. Coroner
Gowing having had the self-possession to come there
to show cause against the conditional order, under
such circumstances, must bear the costs of that argument.
Mr. Fred. Moorhead, who, instructed by Mr. O’Kearney Whyte, appeared for the Coroner, asked whether the Court would require, as was usual when costs were awarded against a magistrate, an undertaking from the other side—
The Lord Chief-Justice.—That is not to bring an action against the Coroner, you mean?
Mr. Moorhead.—Yes, my Lord. I think it is a usual undertaking when costs are awarded in such a case. I think you ought—