The sun., 1891-07-14
TABOR WARNS LEVY OFF.
SAYS IT WOULD BE A MIsDEMEANOR
TO DIG UP SMILER.
Indictment and Removal Hated Attic
Coroner will Take Counsel a.d Decide
Whether or Not to Call the BiuF. which
1Ie Thinks n Rema rh nblo One

Indictment and Removal Hated At-The
Coroner will Take Counsel a.d Decide
Whether or Not to Call the BiuF, which
He Thinks Remarkable One.
ALBANY. July 1a-Attorney- General Tabor
said tonight to THE Sun reporter that in his
opinion Coroner Levy would be guilty Of q mis-
| demeanor II he digs up the body OF Murderer
smiler, killed BY electricity at Sing Sing. Tho
Coroner, according TO the Attorney General.
had no warrant or authority for his contem-
plated action.
1T is utterly beyond his control" said Mr.
Tabor. There never was. so far as can ind
out. law requiring Coroner to hold an au-
topsy on an executed murderer. Now. in the
present case the law requires that post NOR
tenn by q competent surgeon shall be held alter
an execution and the result attached to the
certificate. which tho twelve witnesses
are required to sign. aud this docu-
mont is filed with the County Clerk
Of the county where the prison is located.
Nothing else Is contemplated By the law. and
further post mortem after all the require
ments of the law have been met would be an
impertinence. More than that the duties OF
Coroner to-day are limited and expressly
fixed BY statute. He may inquire into the
deaths OF suicides. persons found murdered.
and tho like whore the cause Is unknown. but
the execution Of q criminal according
to law. after his case has gone through
tho highest courts in the land. is not
subject Of Coroner's inquest. Everybody
knows how this man came by his death. and II
Coroner Levy persists In digging him up. he Is
guilty OF misdemeanor under the section OF
the code which makes It a misdemeanor for
any one to disturb or dissect body without
authority Of law. Coroner Levy hos no such
authority. and would render himself liable to
fine Of $3.50. a years Imprisonment or both.
l do not soy Gov. Hill will remove him II he
docs 1t. but l DO say that were I
Governor. I would remove him as soon rs
he had thus wilfuly exceeded his powers. In
England. a century or SO ago, the Coroner was
wore great. but to day. Under the present status
OF the law. scarce vestige OF that great power
bns
tbnE be M Ss !Ss. bs get sroq be
summon on will will not H answer @ iii his auerIss and II He
sWTbpnnes Wt.n IS, Warden Brown shall advise the
BY Associated Prea
Any ATTEMPT on the part Of CoroneE Levy to
hold an inIuest on the body OF smier." Mr..
Tabor said. would be q misdemeanor for
~ SSaEhR. Is e saa DFo0sSis would b be removed
dsn he his NO ss to she
srs 5 and and s Ss will
hold an Inquest. that they need not, answer
any questions, as he would have no jurlsdio-
tion to compel them to do so."
Coroner Levy spent yesterday consulting
lawyers and reading up on the laws governing
body sxhu%ea. He decided to take Axe Rts ihssis
clan. Dr.: jenkins; this morning, to Moodlawn
Cemetery. where Smier is buried. and have an
autopsy made. He hoped to learn whether or
not the man was killed in q manner not pro-
vIded by law by repetition OF the electric
After the sutopsy corSnsr Levy intended to
witnesses Of the electrical execulions, and he
declared that the summons would be obeyed.
bo ess op
wear his high white hat with rs wide hand Of
hsyy shs
When the despatch came from Albany. a Sun
reporter showed it to Coroner Levy. 1t took
he Dy youd 80 te On ts hs
su!t the best authority on law instead; he said.
said. supposed the Attorney General would
uphold me In this matter: i | don't care T. ; com;
W my pon shs qt SS tss
Attorney General has been quoted correctly.
his languish Is most remarkable. l shall get
then may be able to answer to the learned
Acknowledgment. In the meantime shall let
9s m, 9 sRis asd SSfg
Section 71a of the Code OF Criminal Pro-
son has been Killed or daneero1sly wound
ed by a90heT or has suddenly died
his death has been occasloned by the act Of
an9ther BY criminal meeDs o. has eommi.tea
,urors such death on Wonndinr be-
OF criminal nature" DC.