THE GLOBE. MONDAY, MAY 23, 1881. THE KAIAPOI INQUEST.

Globe, Volume XXIII, Issue 2257, 23 May 1881, Page 2

THE GLOBE. MONDAY, MAY 23, 1881. THE KAIAPOI INQUEST.

The disclosures made before the Coroner’s Court at Kaiapoi, when the body of a child named Duncan was inquested, together with the final results arrived at by the jury at the dictation of the Coroner, evidence ’once more the unsatisfactory manner in which the administration of things judicial is at times conducted, and that too in trivial cases not requiring much legal lore or experience. At the outset it was believed by many that there had been a stretch of official 7.0al on the part of the local authorities, and that no inquest should have been hold. As the law stands there is no doubt but that the proceedings might have boon correctly initatod. The Registrar of Deaths could not possibly have given a certificate of burial in a case where the cause of death remained uncertified by the medical man who had last attended the illness; neither could the medical man in question have well given a blank certificate. No registration of death can be effected by a Registrar unless a “ legal ” name be given, and it is then on this refusal that the Coroner’s jurisdicdiction commences. The police, who primarily sot the machinery of Coroner’s Courts in motion, having become aware that there existed a dead body, for the burial of which a certificate had boon refused, at once notified the local Coroner, who forthwith called a jury together. Hero a peculiarity for the first time crops up. In the district of Kaiapoi, the offices of Registrar of Births, Deaths, and Marriages, and that of the Coroner, are hold by the same person. So that the gentleman in question directly apprised !

himself that he, as Registrar of Deaths, had refused to allow the body of the child Duncan to be buried without his certificate as Coroner, after view at an inquest. As our readers are aware, the inquest took place, and no evidence having boon brought forward by those who conduct ei tho case, the police, leading to the identification of the body, the Coroner adjourned the proceedings for the purpose of having the omission rectified. So far all went on strictly according to law, although it is remarkable that the very first essential ingredient necessary to legally mature any such inquiry, /.<?., identification of the deceased, had been totally ignored by the police; they say, however, that tho Coroner so quickly summoned the jury, that no time was left to permit reasonable search being made for the information wanted. And we remark it again, identification of a body is absolutely necessary if it can possibly be obtained. The law clearly lays it down that tho Coroner's Inquisition shall describe tho dead person by name, if that can bo proved; and if not, then as a “ male or female person whose name is unknown." Tho Registration Act is, very much like the Coroners’ Act, fearfully and woudrously constructed; but loose-jointed as those statutes are, tho moaning of the Legislature when framing them cannot bo doubted, especially when road in the light of the English common law bearing on Coroners’ proceedings and jurisdiction. As indicated in various parts of those Acts, tho registration of either births, deaths, or marriages is compulsory ; and to be a registration of complete usefulness for purposes of statistics, or as a record of events of naturally great importance to tho well being of the community, it is but reasonable to expect thatthenames thus recorded shallbe given, if at all possible. According to law, a bastard can have no name till it has been baptized, or has acquired one by reputation. But a new-born child not baptized is described “bom of the body of A. B.” Thus, identification is established in a way sufficient to justify legal requirements. The Kaiapoi Coroner consequently adjourned tho inquest, not, however, at the proper time, but stupidly enough, after having taken important evidence as to tho cause of death. Ho should not have gone so far before insisting upon an adjournment. Let this be as it may, however, we now come to the extraordinary features of the proceedings Tho inquest had been adjourned for the express purpose of securing the evidence of a legal gentleman whom it had been ascertained had had charge of the infant, and had put it to nurse, or nurses, we might say, as there wore no less than throe engaged, not jointly, in the case. Singularly enough, considering tho close proximity of Kaiapoi to Christchurch, the period of adjournment was fixed to one week, when, say, twenty-four hours or so would have sufficed. Then rumours, these lying echoes, flow about that things would bo satisfactorily arranged, whatever the words as applying to a judicial inquiry might mean. And satisfactorily, if illegally, they indeed turned out to have been settled. So soon as tho adjourned inquest was open the Coroner glibly informed the jury that there was no further necessity to trouble in the matter. Mr. Superintendent Broham had privately come to his house; in fact, had turned him out of bed quite early, and had told him tho name of the deceased. Therefore, would the jury at once sign the Inquisition ? That document was all prepared, and it recited that the jury had inquested a body “whose name to the jury was unknown.” When pressed by jurymen to state whether this evidence was legal evidence or illegal hearsay-evi-donce, and when asked tho reason why Mr. Broham’s was not forthcoming, the Coroner pitifully hung his head, and evasively replied that it was not longer necessary, because ho, the Coroner, was personally satisfied that “ everything now was right.” Then, we much regret to say, the proceedings assumed a most indecorous tone. We do not imply even that pandemonium was let loose, but a better specimen of a judicial “ free-and-easy ” was never seen. Language was used, and unrepressed too, that it would be impossible to place on paper. Finally, without the Court in any way adjourning, each juryman in turn bundled himself out at the request of the Coroner, tho Inquisition being signed, as we said before, without the name of the deceased—such as the law prescribes it should be—appearing upon it; the very purpose for which the inquest had boon adjourned from the week previous, viz., procuring that very name, being defeated !

We have given a short resume of these disgraceful proceedings, and the conclusions to which they must naturally lead one to arrive, are unfortunately simple enough. Hero is a case where the complete machinery of the law is set in motion to attain a certain purpose. It is obvious that, for reasons to the nature of which we are not prepared to allude, every possible obstacle was thrown in the way of a speedy adjustment of the law by certain parties, who probably had it in their power to do so with considerable chances of success. The Coroner, who had thought it absolutely necessary at the first instalment of the inquest to procure certain evidence, at the adjournment directed the jury that this evidence was no longer necessary. In a most illogical, and certainly grossly illegal way, he produced himself as the repeating voice of hearsay evidence of certain facts told him, ho said privately, by Mr. Superintendent Broham. Who sent Mr. Broham to execute work of this kind, which certainly belongs not to a policeman’s duty, has not transpired. Sergeant' Gilbert had charge of the inquest, and with him was another constable. Mr. Broham, who manipulates police matters for the Canterbury Provincial District from Christchurch, had no locus standi at tho inquest. Any further evidence which was required by tho jury should have been placed before them by the police officer in charge of the inquiry to whom tho Coroner’s precept had been directed, and not distilled behind their backs, during tho adjourned period, through tho friendly assistance of the Coroner. Ir will bo readily asked—lst. Was tho information as to identification extracted by the jury from tho Coroner, evidence or not of that identification, for which very purpose of identification tho inquest was adjourned ? 2nd. If it wore such evidence, why did tho Coroner wilfully, aud against tho remonstrances of tho jury, return a verdict that the body was that of a person unknown ? ord. Had certain parties concerned in this inquiry not boon of unusual social standing, but, instead, had belonged to a lower class of society, would the results have boon similar ; would Mr. Superintendent Broham have personally called upon tho Coroner; would the jury havo boon overruled as

they wore by the latter officer, and been allowed to disperse with strong feelings that certain things were being illegally hushed up P To our minds, this Kaiapoi anto-burial case is one which should attract the attention of the Government. Not, of course, for any purpose of raking up or giving publicity to any matters which belong to tho private life of certain citizens; far from us be the thought. But we feel strongly that the case is one that points out clearly in what direction the administration of judicial affairs may be remodelled, if not purified. The Kaiapoi Coroner is evidently unfit for his office for a variety of reasons, upon which it is better not to dilate. The fact of his holding the post of Registrar of Births and Deaths alone militates against it. Tho perfect bear-gardens which his Courts have proved to be for some time past have not induced the public mind to look with any degree of respect upon the undignified proceedings he, seemingly, is unable to control. And, furthermore, we much fear that an incomplete realization of tho nature and responsibilities of his office must load, as was the case last week, to his allowing the ends of tho law to be defeated when circumstances of a peculiar character arise.

AOBICULTUBAL AND PASTOBAL ASSOCIA tion. —A meeting of the above was hold yesterday afternoon, iu the offices of the Association, Hereford street, to consider the proposed rules. Present: Messrs J. B. Had (chairman), Alport, Bong, Walls, G. King, Woodman, A W. Money, J- ® Ford, W. Norman, T. Bruce, G. Gould, J. Mann, W. Gilmour, S. Manning, H. Mollraith, B. Sutherland, W. Hollov, Moßoth, O. Kiver, jun., H. P. Murray Ay nsley. 0. E. Taylor, J. G. Hawkos, W. B. Pyne, Wm. Boss, and D. Duncan. The Chairman said it was necessary to frame fresh rules in accordance with the Act, which provides that the rules should be submitted to a full nesting of the Association A further meeting would hare to bo held to confirm them. The committee had gone carefully through the alterations, and ho would now read the revised rules scriatem—which was done, and they wore passed, clause byjclauso, wilhout any alteration. The Chairman said it was necessary to hare another meeting, of which fourteen day’s notice must be given, to confirm these rules. Would gentlemen present name a convenient day ? It was finally agreed to hold the adjourned meeting on Tuesday, June 7tb. Lowbb Heathcoxb Bibthday Backs These races take place to-morrow, the 24th instant, at Woolston, in a paddock opposite Mr John O’Neill’s farm, near the Steam Wharf, and, judging from the acceptances in each event, good fields ought to appear. Should the weather prove fine, a good day’s amusement can be looked forward to. The first race will start at 12 30. The course is in very good order, and some very nice jumps have been arranged for tho steeplechases. Coaches will run between Christchurch and tho racecourse at all hours during tho day, starling from tho White Hart and Morton’s Hotels.

A Cool Phoposai,.—A somewhat interesting story of a case of gross unaorupuloueness on the part of a tradesman in an up country township has reached us {“ Post ”) on good authority. It appears that a storekeeper in the locality was recently burnt out, and with the money obtained from the insurance office prepared to erect now premises. After he had called for tenders, a local builder waited on him and told him ho could easily save £SO or £IOO on the job. On being asked how this could ha done, bo said : “I will put in a tender leaving the sum blank; you may fiil it in £SO or £IOO below tho lowest of tho other tenders you receive.” Tho storekeeper astonished at this extraordinary proposal, and knowing that tho builder was in a somewhat impecunious condition, asked him how ho could offord to lake the job on such terms. To this the builder coolly replied that ho could got tho timber and ironmongery on credit—or at least tho greater part of it—and he intended, when he had got the job all but finished, to file. It is satisfactory to be able to add that the storekeeper at once refused to have anything to do with such a dishonest proposal.

City Council.— The usual meeting of this body will be held at seven o’clock this eve ing. Sydenham Borough Council. The above will moot to-night at seven o’clock. City Auditors. —Nominations for the city auditorship must bo made by noon on Wednesday, 25th inst.