The evening world., 1891-07-14
SM|LER NOT YET ExHUMED
Coroner Levy Probably Consult.
ing His Legal Friends.

Coroner Levy did not go TO Woodlawn Gene
terry this morning TO eXhume the body OF Har-
ris A. Smilcr, the electrocuted murderer, as he
said yesterday he proposed doing.
In fact, the enterprising Coroner seems to
have received a staggering blow, and he was
probably consulting his legal friends again
this morning, for he had not appeared Mt the
Coroners' Oflices up to . O'Clock this afternoon.
DIR. jenkins, the Coroners deputy, awaited
his chief all morning, and when questioned as
to the Coroners intentions said:
81 don't know anything about II. ] am
simply awaiting Coroner Levy's orders When
get them will obey whatever they may be.
That is what am here for. II he directs me
TO make an autopsy on Smier ] shall do So"
The cause OF Coroner Levy's failure TO carry
ont his expressed Intentions Is probably At
orney-Gcncral TabOr'S remarks on the Coro-
ner's proposed action.
at is utterly beyond his control" said Mr..
Tabor. "Therc never was, so far as ! can
find out, law requiring Coroner to hold an
autopsy on an executed murderer. further
post-mOrtem on Smiler, after all the require
mentS OF the law have been met would be an
impertinence.
more than that, the duties NJ n Coroner to-
day are limited and expressly fixed by statute.
lie may inquire into the deaths OF suicides,
where he cause Is unknown, but
the execution OF a criminal according 10 law,
after his case has gone through the highest
courts IN the land, Is not subject OF Cor
oner'S inquest.
Everybody knows how this man camo by
his death, and II Coroner Levy persists In dig
under the section OF the code which makes It
msdcmeanor for any one TO disturb or dis
sect a body without authority OF law.
Coroner Levy has no such authority, and
would render himself liable to a fine OF $3.50,
years imprisonment, or both.
al do not say Gov nm viii remove him II
he does 1t, but do say that were Governor,
! would remove him as soon as he had thus
wilfully exceeded his powers.
"Coroner Levy or any other Coroner who
arrogateS To himself unwarranted authority
will certainly get into trouble"
Although Coroner Levy did not appear at
his Office, he prepared the following letter In
answer to the Attorney-Gencral's structures: :
CoRosIR'ss oIYIcE, ,l94 SECOND AyEsuE.l
NEW YORK, July u, 1891.
char,,' p rabor, Attorney General STATE q' Ne"
The press Of this city and of the oountry a. lsrao
charged that the Killing Of said smiisr was not
done according 70 law and that means other than
those prescribed by Law were used to effect tho
BY Section 77s Of the Criminal Code the Coroner
suspect that death has been Toned py the act
o. % another by criminal means, @ to go to The Place %
onuse Qf death, and summon not less than nins nor
more than hitecn persons qualified hy law 70 serve
appear before him iorthyith at specified place, to
Inquire 1t1 the cause Of the death "
Only with a view tOHtTictly perform my duty and
follow the imperative language of the statute, |
haze felt that, with the numerous charges that the
said Smier came to his death BY criminal means,
an inquiry into the cause OF the death Of sold
Smiler would speedily deyslope whether there was
reasonable ground 10 suspect that his death had
been occAsioned by criminal means and not In tho
lawful manner prescribed by statute.
To-day learn from the press that my contem-
plated action meets With your dlsApprovAl.
You represent the state GOyeTnnient an it's legal
adviser, and my respect for both yon and your
once lmpas me 70 withhold any inquiry until ]
fully considered the section ofthe Code 20 which !
have referred you YOU still Of the opinion that
J. Coroner of this city, shol id not enter lat the
investgAtion, which, | am informed by eminent
legal authority, the law requires
FKRDiSAND LEVY, Coroner