Records of Sudden, Suspicious Deaths or Accidents – Coroner v Procurator Fiscal

A juror protesting that the subject of a coroner's inquest is alive; showing the danger of blind faith in doctors. Coloured aquatint by F, 1826. Creative Commons Attribution 4.0 International

​Six years have passed since I last penned a piece about death and its associated records.  Although ‘Dispatches’,  is as relevant now as it was back in August 2016, there are a few sources and cross-border peculiarities relating to the recording of sudden, suspicious or unnatural deaths and accidents that were not covered at the time.  

​Below are eight of the more unusual departures encountered to date:

• Francis Carnaby and his horse fell into a coal pit at the Chirm in April 1765. 
• Robert Nicholson ‘presumed consumed by natives’ circa 1792 in the Pellew Islands.  He was the husband of Jacobina Nicholson (his cousin), famed for passing notes to her brother in the toes of stockings. 
• Joint suicide pact of John and Lancelot Younghusband at Heckley Grange in 1818.  The two ‘offending’ razors then forfeit under the system of deodand.
• Aaron Young swept away by ice and floodwater in the River Whitadder at Bluestone Ford on 31 Dec 1823
• Miss Barbara Collin Donkin killed by electric fluid (lightning) on the eve of her marriage in July 1837
• Richard Robson, of Greenhill, near Bamburgh, killed at Lucker station on 16th February 1850, crossing in front of a train.
• The wedding party called off at the last minute circa 1870 when the fiancé of Jane (Jennie) Nicholson, daughter of George Kerr Nicholson, (3 times Mayor of Berwick), committed suicide at the Kings Head Berwick ‘much to the consternation and dismay of the assembled guests at Norham’.
• Mr Robert Taylor a plasterer and slater killed at Ord Hill on 26th June 1912 ‘by a hen running into his bicycle’.

​There have been many more encounters with unusual departures since then too.  Amongst them, in the collection of family letters, there is the harrowing account of the death of Isabella Mole (A 1C5R to me),  who ruptured her bowels in a fall from a cart at Wingates near Longhorsley in 1850. 

Pages 1 and 4 of Jane Aynsley's letter of 1850

Chirm April 14th [18]50
My dear Mrs Young
I feel sure you will enter fully into my sorrow at my sudden bereavement    My dear sister Isabella died on Friday night at 10 o’clock after a short illness of 12 hours    I grieve to say it was caused by a fall  - in jumping off a cart her foot slipped and she fell upon her bowels all her weight poor good creature    She went up to Wingates with me directly after breakfast in a cart    I was going there to arrange previous to the sale going forward – she was getting out before we got into the village    We took her to a cottage where poor thing she had a most serious time all in her bowels   She was quite aware of something being crushed and was right   I brought her home in the afternoon in a gig  Her sufferings at the motion were great   The Dr pronounced her dangerously ill, she never recovered the shock her extremities were cold from the beginning  The Dr told her she was dying  She bore it with the greatest calmness    Arranged her funeral   But I will have the mournful pleasure in telling you everything tomorrow  It is her funeral day  She is to be sent to Embleton   Mrs Blair and Mrs Hopper will be leaving tomorrow evening and I will be glad of your company all night  Expecting you at dinner tomorrow  I hope you will be well enough to come   Should you not, do come some day soon after,  I purpose going down to Morpeth on friday if I live.  How necessary to make the clause  How soon we are cut down as grass  To be ready to meet our God is the point of all other things most necessary  May this affection be sanctified to us all.  Best regards to Mr Young 
I remain yours truly
​Jane Aynsley

Pages 2 and 3 of Jane Aynsley's letter.

Jane Aynsley nee Mole (1810 – 1900), was the second wife of John Aynsley, farmer at the Chirm Longhorsley.  She is writing to Ann Young nee Whittam, wife of Alexander Young of Swarland East House - a cousin to John Aynsley’s first wife, Isabella Thompson.  Isabella was the daughter of John Thompson, the only surviving brother amongst the many ‘Thompson Sisters’ who, in my efforts to trace living descendants, are the subject of my two previous blogs.   Isabella Thompson and Jane Mole were both granddaughters of Edward Mole and his wife Isabella Pringle making them first cousins.  

The two wives of John Aynsley, cousins Isabella Thompson and Jane Mole, highlighted in Pink. Mrs Blair, (aka Aunt Mole) in purple and Mrs Hopper in Green.

Other players in the letter are:

• Mrs Blair – Ann Thompson, one of the many Thompson sisters.  Aka the dreaded ‘Aunt Mole’, widow of Jane’s deceased Uncle, John Mole, sometime of Fireburn Mill, Coldstream.   After he died in 1841, Ann married Peter Blair, a Bookbinder and Printer in Morpeth.   
• Mrs Hopper – Jane Mole’s cousin and Isabella Thompson’s sister Ann nee Thompson, the wife of John Hopper, sometime Registrar in Rothbury.

​Miss Mole’s demise, like those listed above, was due to accident or ‘misadventure’.  In England, deaths in cases of sudden or unexplained death would be referred to the Coroner and if required an inquest held to establish the cause of death.  

The Coroner

The office of Coroner dates from 1194.  They are Crown Officials employed to investigate ‘sudden, unnatural or suspicious deaths and the deaths of people detained in prison …’[1] These also include accidents.  Coroner’s Inquests, held before a jury up to 1926 were, and still are, public hearings. Historically, venues for inquests were often a local Public House or Inn. 

Where they have survived, historic records of Coroner Inquests will contain:

• Name
• Date
• Time
• Cause
• Place of death
• Signature of the Jurors.
• Verdict[2]

​From 1487 until the middle of the eighteenth-century, Coroners presented their inquisitions before the Assizes (or in the case of Berwick upon Tweed, the Quarter Session Court.)   If the death was the result of a crime,  the coroner’s report served as an Indictment.  But even where no crime or trial took place, or in cases of accidental death, the records were filed with relevant court papers.  However, the survival of records, especially between 1850 and WW2 are limited and patchy at best.

​Berwick upon Tweed has a run of early documents held locally under reference BA/J.   BA/J/QS relates to the ‘Records of the Berwick upon Tweed Quarter Sessions including Criminal and Civil Jurisdiction’ from circa 1600 and BA/J/CO, covers the ‘Berwick upon Tweed Coroner Court, Inquest Warrants and Coroners Inquisitions’ (1745 – 1942).  

For records from elsewhere The National Archives holds early records (1228 – 1426) under JUST 2 Coroners' Rolls and Files, with Cognate Documents.  

​… The inquests in particular give a variety of details concerning the circumstances of deaths, including the implement or other agent, sometimes as large as a cart or a mill wheel, which caused the death and so was forfeit to the crown as deodand, [as was the case in the Younghusband suicide listed above] as well as information concerning the persons and places involved…[3]

Where an indictment did not result in a trial for murder or manslaughter, the inquisitions were forwarded to the King’s Bench.  With exceptions (Chester and Duchy of Lancaster), KB9 holds records from 1485 – 1675 for counties outside of London and KB11 for outside of London from 1675 until the mid-eighteenth century.  ‘Whilst some records heard before the King’s Bench survive from 16th century, it is believed that all early records from North Northumberland have been lost.’[4]  KB10 contains the records for London and Middlesex. 

The Lakes Herald, 9 September 1910. Reproduced courtesy of the British Newspaper Archive.

There are also the records from the North Eastern Assize Circuit 1607 – 1971 in ASSI 44. ASSI 44 contains indictments 1607 – 1890 for Berwick, Durham, Northumberland, Newcastle, York, Bradford Hull, Leeds, Scarborough and Sheffield.  (The records between 1891 and 1923 were destroyed during WW2.)  To ascertain which records have survived for your area it may be helpful to consult ‘Coroners Records in England and Wales’ by Jeremy Gibson and Colin Rogers.  The book is available to view online free of charge by the hour from the archive.org lending library.

The Northumberland Archives at Woodhorn holds the modern records of the North Northumberland Coroner 1953 – 2019 under CON.  Likewise, other local repositories hold the modern records for their area. (See Gibson and Rogers).  Coroners records are subject to 75 years closure.  ‘However, if a request is made for a report that falls within the closure period, the Coroner will make the decision about access. Proof of a close family relationship to the deceased is usually needed in order to achieve this.’[5]  This is possible as Coroners retain some discretion over the destruction, preservation and public access to the records. 

If struggling for access or the records have not survived for the period required, the newspapers can be a great alternative, often carrying the case in some detail.  Unfortunately, I have not found anything in the press relating to the death of Miss Mole in 1850.  But in the absence of Coroners’ records or related police documentation relating to the suicide of Eva Jones in 1910, the newspapers did provide details of the Inquest I was unable to glean elsewhere.  It took place at the Fishing Boat Inn at Boulmer,  where not only was my great granny the chief witness, but my great grandfather was foreman of the Jury.  

Sudden Death & Accidents in Scotland: 
​The Police, Procurator Fiscal & Lord Advocate’s Department

​Unlike England and Wales, there is no system of Coroner’s Inquests across the Border in Scotland and never has been.  Instead ...

Accidental, unexpected, unexplained, sudden or suspicious deaths are investigated privately for the local crown agent, an official called the procurator fiscal…[6]

‘Procurators Fiscal are qualified lawyers who are employed by the Crown Office & Procurator Fiscal Service (COPFS) and who act on the instructions of the Lord Advocate.   The Lord Advocate has responsibility in Scotland to investigate any death which requires further explanation.’[7]   Like the English Coroner, the position of Scottish Procurator Fiscal is of some antiquity.  ‘The procurator fiscal acted in the interest generally of the crown or the judge, instituted proceedings and collected fines, forfeitures and penalties.’[8] Documents referring to the role date from the mid-fifteenth century although the first mention of the post is not made in parliamentary papers until August 1584. 

There are fewer sources for fatal accidents before 1895. The records of the Lord Advocate's Department (our reference AD) include registers of sudden deaths, fatal accident inquiries and accidents in mines, 1848-1935 (AD12).

Records of deaths can also be found in the procedure books (AD9) which list cases passed to the Crown Office, the direction given and how the case was disposed of.  The information in these registers is very brief.[9]

Registers of Sudden Deaths

Crown Copyright National Records of Scotland, AD12/12 (Extract) Register of sudden and suspicious deaths brought to the notice of the Crown Office, 1854 - 1857. My thanks to my colleague Fergus Smith of Old Scottish Records for supplying the image.

‘From 1822, sudden, unexplained or suspicious deaths were supposed to be reported to the Crown Counsel in Edinburgh. Compliance was initially fairly patchy, with deaths from the Lothians much more likely to be reported than elsewhere.

Deaths were reported to determine whether any further action needed to be taken. In most cases, the decision was that no further action was to be taken, but some cases were to be subject to proceedings.’[10]

​Old Scottish Records have a 8647 sudden death entries available to search on their website.  An image of the original entry is available for a small fee.  

Some of the sudden death records of unknown or anonymous persons available through Old Scottish Records. (NB. The majority of entries relate to named individuals.)

Police records: 'Sudden Deaths, Casualties, and Motor Accidents'

Other potential sources for sudden deaths, casualties and accidents are old police records.  Local archives usually hold the records of historic forces in their area.  (The same is true for old police records in England and Wales.)  They contain information on suicides, deaths through childbirth, drownings, deaths from old age as well as accidents.   The records are often quite detailed, albeit they make somewhat grisly reading.  Below is an extract from 1876, on page 5 of the 'Sudden Deaths, Casualties, and Motor Accidents, Roxburghshire' from the Borders Police Service records  D/90/19/1 (1876 – 1906)
​

Scottish Borders Archive, Border Police Service, Records of Sudden Deaths, Casualties, and Motor Accidents, Roxburghshire.D/90/19/1 (1876 – 1906), 1876, page 5. Reproduced by kind permission of Scottish Borders Archive and Local History Centre at Hawick Heritage Hub.

​Since 1855, it is a statutory requirement to register a death within 8 days.  Even in cases of unknown identity such as this, although finding the index entry can be a bit tricky.  

Scotland's People, 1876 ANONYMOUS --------- (Statutory registers Deaths 785/ 11). Reproduced courtesy of the National Records of Scotland.

Note the death was 'Registered on the information of J Charles Stevenson, Procurator Fiscal'

​In the case above the record states ‘Unknown’ but is indexed under 'Anonymous' at Cavers, Roxburghshire.  (Most deaths of unidentified individuals appear under ‘Anonymous’, with ‘Unknown’ used in some cases from 1950 onwards.  There is only one entry indexed as ‘Not Known’.)

Sheriffs Court: ‘Fatal Accidents Inquiry (Scotland) Act 1895’

From 1895 upon petition by the Procurator Fiscal, industrial fatalities and occupational deaths could be investigated further in public inquiries before a jury at the Sheriff’s Court.  The NRS in Edinburgh holds the records of nearly all the Sheriff’s Courts with those for Orkney and Shetland held locally.  There are gaps though – some of the records may be incomplete or still in the possession of the respective court. The NRS in Edinburgh holds the records of the all the Sheriff’s Courts.  Below is a verdict extracted from the hearing into the death of Margaret Shields a Millworker at Ryeside Mills, Dalry, Ayrshire in 1907.

Crown copyright. National Records of Scotland, SC7/19/1907/2 Fatal Accident Inquiry: Margaret Shields, millworker, Courthell Street, Dalry, Parish of Dalry and County of Ayr, died on 23 Feb 1907. Reproduced courtesy of National Records of Scotland. My thanks to my colleague Fergus Smith of Old Scottish for supplying the image.

The inquiry into the accident did not take place until early May.  But to comply with the statutory 8-day period Margaret’s death was registered in the usual way on 25 February 1907.  The cause of death was recorded as ‘Tetanus’.

Crown Copyright, National Records of Scotland, Scotland’s People, 1907 Shields, Margaret, Statutory Registers Deaths 644/12/162. Reproduced courtesy of National Records of Scotland. Note in left margin indicating the RCE.

​The inquiry into the accident did not take place until early May.  An entry reflecting the cause of death in the subsequent report (precognition) is made in the Register of Corrected Entries, now the Register of Corrections etc., (RCEs).  The RCE is then cross-referenced to the statutory death record and a note added in the margin.

---

Crown Copyright, National Records of Scotland, Scotland's People, 1907 Shields, Margaret, Statutory Registers Corrected Entries 644/12 001 39 (RCE). Reproduced courtesy of National Records of Scotland.

​The RCE for Margaret briefly summarises the revised cause of death established at the hearing, that ‘on 4th February 1907 so severely injured whilst engaged at her employment by her left hand being crushed between rollers of a yarn wringing machine that she died from the effects’.  (As per verdict of Jury).  It was signed by the Procurator Fiscal on the 3rd of May 1907 at Kilmarnock, and the Registrar at Glasgow 4 days later on the 7th.  

The majority of early accidents and cases of sudden or suspicious death were not investigated further.  But where they were, the records generated by the English Coroner, the Police and Scottish Procurator Fiscal and other associated bodies provide interesting information.  They are not for the faint hearted though as the details they contain can be both graphic and distressing.  Nonetheless they will be of particular interest for anyone finding a sudden or unexpected death in the course of their research.  As always, the key is knowing where to look.  But as many of the records have been lost, and those that have survived are ‘patchy’, a search of the newspaper archives also makes a great alternative.  

A group of politicians debate at a coroner's inquest whether Lord Melbourne's temporary resignation was equivalent to murder or to suicide. Coloured lithograph by H.B. (John Doyle), 1839. Creative Commons Attribution 4.0 International

[1] Amanda Bevan Tracing your Ancestors in the National Archives, The Website and Beyond, 7th edition, Kew, 2006, p.423
​[2] Until 1733, verdicts were written in Latin.
[3] TNA, Coroners Rolls and Files, with Cognate Documents  
https://discovery.nationalarchives.gov.uk/details/r/C9978.  The Deodand operated as a system of forfeiture or fines levied against often inanimate objects and animals. It is fascinating system if not somewhat bizarre to the modern mind.  It was abolished by the Deodands Act of 1846 and replaced by the Fatal Accidents Act (Lord Campbell’s Act) the same year, enabling families of the victims to claim compensation.
[4] Jeremy Gibson and Colin Rogers, ‘Coroners Records in England and Wales’ Birmingham, 1992 
​https://archive.org/details/coronersrecordsi0000gibs/page/n1/mode/2up
[5] Life in the Study Centre – Both Happy and Sad
​https://www.northumberlandarchives.com/2022/05/23/life-in-the-study-centre-a-mixture-of-happy-and-sad/
[6] National Records of Scotland (NRS), Fatal Accident Inquiries before 1895
​https://www.nrscotland.gov.uk/research/guides/fatal-accident-inquiry-records#FAI%20pre-1895
​[7] Crown Office & Procurator Fiscal Service, Information Booklet (PDF),  Download
​[8] Dictionary of Scots Language (DSL) https://dsl.ac.uk/entry/dost/procuratour_fiscall
[9] National Records of Scotland (NRS), Fatal Accident Inquiries before 1895
​https://www.nrscotland.gov.uk/research/guides/fatal-accident-inquiry-records#FAI%20pre-1895
[10] Old Scottish Records, https://www.oldscottish.com/crown-counsel-procedure-deaths.html​

Other Links

Old Scottish hold a vast database of Scottish records, many with images of the original document.  I recommend you bookmark their page. 
​www.oldscottish.com/
Guide to borrowing from Archive.org lending library
https://help.archive.org/help/borrowing-from-the-lending-library/
Jeremy Gibson and Colin Rogers, ‘Coroners Records in England and Wales’ Birmingham, 1992 
​https://archive.org/details/coronersrecordsi0000gibs/page/n1/mode/2up
Hawick Hub, Record of Sudden Deaths, Casualties, and Motor Accidents, Roxburghshire 
https://www2.calmview.co.uk/HUBCAT/CalmView/Record.aspx?src=CalmView.Catalog&id=D%2f90%2f19%2f1&pos=4