The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-27
CASES BEFORE THE COURTS
A Verdict Adverse TO the Commissioners
in Their Fight Against the Coroner.
DR.. Brayton and Prof. Hurty Are Allowed
500 More Than Their Original Bill for
an Analysis Ordered by DR.. Wagner.

The result of the suit of Dr. Brayton and
Prof. Hurry to recover $500 from the county for
services in making chemical analysis of the
stomach of Lawrence Truffner at the request of
Coroner Wagner has demonstrated the falacy
of the position the County Commissioners have
assumed in refusing to allow the bills of the
coroner. because. they alleged. his inquests
were illegal. The rulings of Judge Taylor
throughout the trial were against the Commits
sioners. The case came up for final argument
yesterday afternoon. Mr.. Van Vorhis spoke in
behalf of the Commissioners. and throughout
his speech showed that the Com
missioners more interested in ''down-
ing" the coroner than saving money for the
county. His repeated references to the illegal
acts of DR.. Wagner caused J Judge Taylor to in
terruDt him and remind him that DR.. Wagner
trial. There necessity, the
Judge said, of questioning the Coroners author
lty TO order an inque st or chem zeal analysis
HE is the sole judge of what should be done"
said the court. land if he makes mistakes the
people will hold him responsible for IT. He is
the sole custodian of his Office elected by the
people, and he has to answer to the people for
his errors, il he makes any, and not to he coun-
ty commissioners"
Merrill Moores concluded the argument for the
plaintiff. and very forcibiy set forth the nece SSH
ty of frequently having analyses made. and the
necessity of having experienced to do the
work. In the of Truffner there was a
belief that he had come to his death by having
been drugged with poison. and it was important
that full investigation should be made, and
that 1T should be done by responsible men, be-
cause a mans liberty depended on the results.
The instructions of Judge Taylor were brief.
He said the coroner of Marion county had a
right to have a post-morten examination made
of a dead body found in the county, where there
is supposition that the deceased came to his
death through illegal means. He has right to
employ a chemist to make an analysis of the
stomach, and the contents of bottles found IN
the room. There is question about that
The chemists analysis is frequently just as i'm
portaIt as the opening of the body. The coroner
having the right to order an alalysis, will in
struct you, that If IN this case the coroner con-
sidered it his duty to have chemical analysis
of the stomach and of the contents of certain
bottles made. and employed chemists to make
such analysis, and they did il, they are entitled
to recover for their services. The value of their
services is to be determined by you from the
evidence IN the case. The only element that
could preclude the plaintiffs from recovering
would be their knowledge that the coroner was
acting improperly in the matter: that there was
no necessity for an analysis. But, as said, II
they were employed TO make the analysis by the
coroner, you must find for them. You cannot
find for a sum exceeding tho amount asked
for in the complaint $500 The physicians bill
presented to the commissioners was for $500.
That fact does not preclude yon from finding for
$780, il you so desire. AS their bill not
allowed by the commissioners, the physicians
have a right to show here that their work was
worth more than $780, If you find that any of
the numerous experiments made were not neces-
sary, then you should not allow for them"
The jury retired at 3 o'clock and at o'clock
returned a verdict for the plaintiffs for $500,
which is 800 more than the original bill pre-
sented to the commissioners In addition to the
judgment, the county will have tho costs in the
sum. The suit virtually decides all similar
cases now peudipg.