Whitehaven Gazette Oct. 18, 1819 Publication of Evidence at Inquests

Publication of Evidence at Inquests

Whitehaven Gazette - Oct. 18, 1819

PUBLICATIONS OF EVIDENCE AT INQUESTS.       The restraint which the Corner's at Oldham and Manchester have thought fit to lay on note taking in their Courts has excited considerable attention. On this subject The Star of Saturday has the following very able and judicious observations: -       "We stated yesterday that the Law of England gives admission to every subject into any open Court; that a Coroner has no more right to question any person as to his motives for attendance, or to restrain him from note-taking in the Coroner's Court, than he has to question a man on King's highway; that the bare emission of evidence from the mouth of a witness is the actual publication of that evidence, all England being virtually present to hear a weigh the evidence by it's sworn Jury; that therefore any mandate to newspapers not publish the proceedings till investigation be terminated, is illegal and absurd; illegal, because all England has as good a right to hear the evidence as the Coroner himself; and absurd because the evidence must have al; ready been published in Court before any note-taker can commit it to writing; and because the editor of a newspaper is not the publisher of the proceedings in such a case, but only lends his aid to circulate, by a re-publication, what all England ought to be aquainted with.       The unconstitutional doctrine which we now oppose, has been maintained by men who would yet be considered as second Lawyers; it has on more than one occasion, been given out in the shape of mandates from the seat of judgment, by men,  from their situation and profession, must know that it is contrary to the Laws of the Land. It is hightime that such iniquity should be constitutionally opposed, and the birthright of Englishmen - a free press, be fully vindicated.   ******

 

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