At Chapman’s inquest when Doctor Phillips was asked for his estimated TOD he said:
“I should say at least two hours, and probably more; but it is right to say that it was a fairly cold morning, and that the body would be more apt to cool rapidly from its having lost the greater portion of its blood.”
I’ve emboldened the obvious caveat.
As we all know a caveat is only used when it allows for some kind of alteration or leeway or exception in the original or main part of the statement. As we can see his maximum estimation is simply ‘…..and probably more;’ so he really couldn’t have meant ‘and probably more but due to the conditions probably even more than probably more.’ Therefore he must have been making an allowance that the conditions that morning could have effected his minimum estimate. This might seem very obvious but there are actually some that dispute this.
What we also know is that the coroner, who heard every word of Phillips statement, also interpreted the caveat in the same way. That Phillips was allowing for error on the lower end of the estimate:
“It is true that Dr. Phillips thinks that when he saw the body at 6.30 the deceased had been dead at least two hours, but he admits that the coldness of the morning and the great loss of blood may affect his opinion;”
So there are 2 choices.
Firstly that Phillips added his caveat to make allowances for the conditions affecting his earlier TOD estimate
or
That he made his caveat but it had no meaning as he was still rigidly adhering to his lower estimate.
“I should say at least two hours, and probably more; but it is right to say that it was a fairly cold morning, and that the body would be more apt to cool rapidly from its having lost the greater portion of its blood.”
I’ve emboldened the obvious caveat.
As we all know a caveat is only used when it allows for some kind of alteration or leeway or exception in the original or main part of the statement. As we can see his maximum estimation is simply ‘…..and probably more;’ so he really couldn’t have meant ‘and probably more but due to the conditions probably even more than probably more.’ Therefore he must have been making an allowance that the conditions that morning could have effected his minimum estimate. This might seem very obvious but there are actually some that dispute this.
What we also know is that the coroner, who heard every word of Phillips statement, also interpreted the caveat in the same way. That Phillips was allowing for error on the lower end of the estimate:
“It is true that Dr. Phillips thinks that when he saw the body at 6.30 the deceased had been dead at least two hours, but he admits that the coldness of the morning and the great loss of blood may affect his opinion;”
So there are 2 choices.
Firstly that Phillips added his caveat to make allowances for the conditions affecting his earlier TOD estimate
or
That he made his caveat but it had no meaning as he was still rigidly adhering to his lower estimate.
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