who gives or lays the poison, is a principal, tho' absent when taken. Hale 435.

Felo de se, or Suicide, is where a person of the age of discretion, and sound mind, kills himself, by stabbing, poison, or any other way. Ibid.

If a man gives himself a mortal stroke while he is not of sound mind, and recovers his understanding, and then dies, he is not a destroyer of himself; for tho' the death complete the homocide, the act must be that which makes the offence. Ibid.

Murder, is defined to be, when a person of sound memory and discretion, unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied.

3 Inst. 47.

Manslaughter, is defined, unlawful killing of another without malice, either express or implied. Hale.

Accidental Death. If a man driving a cart kills, if he saw the danger, it is murder; if he did not, through heedlessness, manslaughter; if he took all due care, accidental death. Foster, 263.

CORONER'S COURT.

The court of the coroner is a court of record, to inquire when any one dies in prison, or comes to a violent or sudden death, by what manner he came to his end. And this he is only entitled to do on a view of the body. 4 Inst. 271.

When notice is given to the coroner of a violent death, casualty, or misadventure, he then issues his precept or warrant to any constable of the town where the party lies dead, to summon 24 able and sufficient men, of the same, to appear before him, at the hour and place there stated, to do and execute all those things that shall be given them in charge, on behalf of the people, &c. touching the death of the person named; and the constable is to return the warrant with the names of the jurors summoned, on the day prefixed.

OPENING OF court. On the day appointed, the coroner attends, and having received the return of the jurors and precept, &c. the first thing he does is to direct the constable to open the court by proclamation, "Oyez," three times: "You good men of this county, summoned to appear here this day, to inquire for the people of the state of New-York, when, how, and by what

G

means A B, came to his death, answer to your names as you shall be called, every man at the first call, upon pain and peril that shall fall thereon."

The coroner then proceeds to call over the jury, marking those who appear.

If the jurors make default, or the constable does not return the precept, they are to be presented to the next Oyer and Terminer.

It is usual for the jurors to choose their foreman, when done, he is called to the book and first sworn. The coroner generally saying to the rest of the jurors, "gentlemen, hearken to your foreman's oath; for the oath he is to take on his part, is the oath you are severally to observe and keep on your part."

OATH OF JURY. "You shall diligently inquire, and true presentment make, of all such matters and things as shall be given you in charge, on the behalf of the people of the state of NewYork, touching the death of A B, now lying dead, of whose body you shall have the view; you shall present no man for hatred, malice, or ill will, nor spare any through fear, favor, or affection; but a true verdict give, according to evidence, and the best of your skill and knowledge: So help you God."

The rest of the jurors, three at a time, are sworn thus: "The same oath your foreman has taken on his part, you and each of you are, severally, well and truly to observe and keep on your parts: So help you God."

It is said to be prudent to swear an odd number, to avoid the inconvenience of an equal number, which may happen on a division of the voices, and thereby retard the finding or not finding of an inquisition.

CHARGE TO JURY. After they are sworn, it is usual for the coroner to give a charge, acquainting them with the purpose of the meeting, as thus: "Gentlemen-You are sworn to inquire on the behalf of the people, &c. how and by what means A B came to his death: your first duty is to take a view of the body of the deceased, wherein you will be careful to observe, if there be any marks of violence thereon, from which, and on the examination of the witnesses intended to be produced before you, you will endeavour to discover the cause of his death, so as to return me a true verdict upon this occasion."

VIEW AND CALL FOR EVIDENCE. When the charge is finished, the coroner goes with the jury to take a view and examination of the body of the deceased. After which, the constable calls silence, and repeats after the coroner, thus: "If any one can give evidence, on behalf of the people of the state of New-York, when, how, and by what means A B came to his death, let them come forth, and he shall be heard."

OATH OF WITNESSES. The evidence appearing, the coroner takes down his name, place of abode, and occupation, and then the constable tenders him the following oath: "The evidence you shall give to this inquest, on the behalf of the people of the state of New-York, touching the death of A B, shall be the truth, the whole truth, and nothing but the truth: So help you God."

CAPTION OF INFORMATIONS. The examination is first entitled, which the coroner prepares, previous to the sitting of the court, in this form: "Informations of witnesses severally taken and acknowledged on the behalf of the people, &c. touching the death of A B, at the dwelling house of JL, in the town of M, in the county of U, on day, the day of year, &c. before P G, gentleman, one of the coroners for the said county, on an inquisition then and there taken, on view of the body of the said A B, then and there lying dead, as follows, to wit:"

, in the

WITNESS'S SIGNATURE TO HIS EXAMINATION. Before the witness signs his examination, let it be read over to him, and ask him if it be the whole of the evidence he can give he signs it to the right hand of the paper.

The coroner generally asks the jurors, before the witness signs, whether they have any questions for him to ask the witness.

When the witness has signed his name to the examination taken, the coroner then writes thus to the left hand side: "All the above informations were severally taken and acknowledged, the day, year, and place above mentioned, before P G, coroner."

ADJOURNMENT. It seems, if all the witnessess do not attend, the coroner may adjourn the jury to another day, to the same, or any other place, to take and receive other evidence, first taking the jurors in a recognizance for their appearance at the adjourned time and place, further to consider of their verdict, thus: "Gentlemen, you acknowledge yourselves severally to owe to the people, &c. the sum of 25 dollars, to be levied on your goods and chattels, for the use of the said people, upon condition, that you and each of you, do personally appear here again (or other adjourned place) on day, the day of instant, at 10 of the clock in the forenoon precisely, then and there to make further inquiry on behalf of the said people, touching the death of the said A B, of whose body you have already had the view: Are you all content ?" The coroner then adjourns the court, thus: "Gentlemen, The court doth dismiss you for this time, but requires you severally to appear here again (or at such other adjourned place) on

of

day

day the instant, at 10 of the clock precisely, upon pain of 25 dol

lars a man, on the condition contained in your recognizance entered into."

WARRANT TO BURY, &c. The coroner may in his discretion grant his warrant to bury the deceased, to prevent infection.Then the constable adjourns the court, by making proclamation, thus: "Oyez," three times "All manner of persons who have any thing more to do at this court, before the people's coroner now here, may depart hence, and give their attendance here again (or other adjourned place) on day the day of instant, at 10 of the clock in the forenoon precisely." CORONER'S MINUTES. The coroner will make a proper entry in his minutes, of his adjournment, both of time and place. The caption of these minutes should be prepared before the court sits, thus: "At a court of inquest held at the dwelling house of JL, in the town of M, in the county of U, on day the day of in the year, &c. touching the death of A B, then and there lying dead, before P G, one of the coroners of Ulster." THE COURT OPENED AFTER ADJOURNMENT. When the jury are met at the adjourned time and place, the constable opens the court by proclamation, as in the first instance, with this addition : "And you, gentlemen of the jury, who have been impannelled and sworn on this inquest, to inquire touching the death of A B, severally-answer to your names and save your recognizance."

The coroner first proceeds to business, by calling over the names of the jury, declaring the further purpose of the meeting. After the witnesses are examined and the evidence gone through, he sums up the evidence to the jury, and directs them to consider of their verdict. If they withdraw, the constable is sworn to take care of them, thus:

CONSTABLE'S Oath. "You shall well and truly keep the jurors of this jury, without any meat, drink, or fire; you shall not suffer any person to speak to them, nor speak to them yourself, unless it be to ask them, whether they have agreed to their verdict, until they shall be agreed to their verdict: So help you God."

The constable takes them to a convenient room, and attends the door on the outside, until they are agreed; when agreed they return, and the coroner calls over the names, and afterwards asks them, if they be agreed on their verdict: the foreman replies in the affirmative; the coroner asks them, "who shall say for you?" to which they will reply, "our foreman."

VERDICT OF JURY. Then the coroner says, Mr. Foreman, How do you find A B came to his death, and by what means? The foreman then relates the verdict, which the coroner records.

It seems twelve at least must agree, if there be no division; but if there be a division, the coroner collects their voices and