Hi Rob,
You make a great point that it's important to look at everything, and you are right. While we have to judge every article upon its own merit, and many are just wrong, the newspapers often preserve accounts that otherwise would not have survived and so are very valuable. I don't think anyone could argue with that, but I would like to say that the depositions would not have been paraphrased accounts, though it's true that they leave out the questions and just consolidate the answers. There is a good reason that where there is conflict in accounts, it's usually the best bet to go with the official record if one is available, as Stewart has written.
It's important to consider how a clear case of murder would effect an inquest's procedure. In all other kinds of death, coroners regarded depositions as their private papers during their own lifetimes and they did not have to let anybody at all see them if they didn't want to, in fact there was no law that said they had to take down testimony at all.
But murder cases were different. The coroner would have to produce the depositions under specific circumstances, by law, since the inquest might spawn a murder trial. They would have to at some point send them over to the relevant criminal court clerk, where they would have been entered as secondary evidence in a trial, and the coroner would have been required to attend that trial as a witness. In cases where the inquest made an accusation of murder against some specific individual, the coroner was required to allow the defendant the opportunity to purchase a copy of the depositions. There was also an 1884 Home Office circular, which I have not read but have seen cited, that requested coroners to forward a copy to them as well.
Given the relevance of murder depositions to other parties, it was important that they be very accurate, and where procedure for depositions in all other cases is neglected in legislation, Section 4(2) of The Coroners Act 1887 specifically addresses what should happen when an inquest addresses a murder:
It shall be the duty of the coroner in a case of murder or manslaughter to put into writing the statement on oath of those who know the facts and circumstances of the case, or so much of such statement as is material, and any such deposition shall be signed by the witness and also by the coroner.
The 5th edition of Jervis on the Duties of Coroners (1888) has a little commentary on general procedure related to this section:
The coroner should where possible follow the precise expressions of the witnesses in the first person. The depositions are afterwards forwarded under section 5 to the proper officer of the court in which the trial is to be, and copies supplied, upon payment, to the person charged in the inquisition, if he requires them. (p. 39)
So, these are good reasons for them to have been as accurate as possible. It's true that errors due to mishearing can creep in, and of course they didn't have tape recorders (I believe Gareth makes reference to Sarah Lewis' address in "Great Powell" rather than "Great Pearl"), and they didn't have access to proper courtrooms but instead had to scrounge and beg for alternative spaces to hold inquests, whatever they could find as if they were gypsies, but I suppose they did the best they could. The goal as outlined in Jervis (a standard reference work, I believe since the 1820s, and still in publication today) would have been to write down the witness' exact words as best as could be done, those that were relevant. So if the depositions record Prater as saying "I live at No. 20 Room Millers Court up stairs I live in the room over where deceased live", this is something very close or exactly to what came out of her mouth. I can see why Stewart would place an emphasis on the official records, because the people who made them had concerns in mind that the press did not have to worry about. If I recall correctly, Macdonald's deputy Alfred Hodgkinson was a solicitor, and I think he would have been aware of the need for accuracy (I am pretty confident that he is the person who took down the MJK depositions).
I remember reading somewhere that journalists took down their notes in shorthand. Not to knock the newspapers though as they are sometimes our only record of what was said at these inquests (where the depositions are lost), and very often include valuable color that would not be found in the depositions (you have cited the M.A., and I see that they have Barnett kissing the Bible, "Oh, well, I don't know nothing about such things. I've never been on such an errand before." great stuff).
Cheers,
Dave
You make a great point that it's important to look at everything, and you are right. While we have to judge every article upon its own merit, and many are just wrong, the newspapers often preserve accounts that otherwise would not have survived and so are very valuable. I don't think anyone could argue with that, but I would like to say that the depositions would not have been paraphrased accounts, though it's true that they leave out the questions and just consolidate the answers. There is a good reason that where there is conflict in accounts, it's usually the best bet to go with the official record if one is available, as Stewart has written.
It's important to consider how a clear case of murder would effect an inquest's procedure. In all other kinds of death, coroners regarded depositions as their private papers during their own lifetimes and they did not have to let anybody at all see them if they didn't want to, in fact there was no law that said they had to take down testimony at all.
But murder cases were different. The coroner would have to produce the depositions under specific circumstances, by law, since the inquest might spawn a murder trial. They would have to at some point send them over to the relevant criminal court clerk, where they would have been entered as secondary evidence in a trial, and the coroner would have been required to attend that trial as a witness. In cases where the inquest made an accusation of murder against some specific individual, the coroner was required to allow the defendant the opportunity to purchase a copy of the depositions. There was also an 1884 Home Office circular, which I have not read but have seen cited, that requested coroners to forward a copy to them as well.
Given the relevance of murder depositions to other parties, it was important that they be very accurate, and where procedure for depositions in all other cases is neglected in legislation, Section 4(2) of The Coroners Act 1887 specifically addresses what should happen when an inquest addresses a murder:
It shall be the duty of the coroner in a case of murder or manslaughter to put into writing the statement on oath of those who know the facts and circumstances of the case, or so much of such statement as is material, and any such deposition shall be signed by the witness and also by the coroner.
The 5th edition of Jervis on the Duties of Coroners (1888) has a little commentary on general procedure related to this section:
The coroner should where possible follow the precise expressions of the witnesses in the first person. The depositions are afterwards forwarded under section 5 to the proper officer of the court in which the trial is to be, and copies supplied, upon payment, to the person charged in the inquisition, if he requires them. (p. 39)
So, these are good reasons for them to have been as accurate as possible. It's true that errors due to mishearing can creep in, and of course they didn't have tape recorders (I believe Gareth makes reference to Sarah Lewis' address in "Great Powell" rather than "Great Pearl"), and they didn't have access to proper courtrooms but instead had to scrounge and beg for alternative spaces to hold inquests, whatever they could find as if they were gypsies, but I suppose they did the best they could. The goal as outlined in Jervis (a standard reference work, I believe since the 1820s, and still in publication today) would have been to write down the witness' exact words as best as could be done, those that were relevant. So if the depositions record Prater as saying "I live at No. 20 Room Millers Court up stairs I live in the room over where deceased live", this is something very close or exactly to what came out of her mouth. I can see why Stewart would place an emphasis on the official records, because the people who made them had concerns in mind that the press did not have to worry about. If I recall correctly, Macdonald's deputy Alfred Hodgkinson was a solicitor, and I think he would have been aware of the need for accuracy (I am pretty confident that he is the person who took down the MJK depositions).
I remember reading somewhere that journalists took down their notes in shorthand. Not to knock the newspapers though as they are sometimes our only record of what was said at these inquests (where the depositions are lost), and very often include valuable color that would not be found in the depositions (you have cited the M.A., and I see that they have Barnett kissing the Bible, "Oh, well, I don't know nothing about such things. I've never been on such an errand before." great stuff).
Cheers,
Dave
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