The Anaconda standard., 1895-12-05
ALL OVER A CORPSE
Almost a Suit for the Possession of
Tom Lynch'S Body.
MR.. RICHARDS CLAIMED 1T
But the Uncle OF the Dead Boy In
terposes and Gives the Flu
neral In Charge of Gill;
ligan g. Duggan.
AR. RICHARDS CLAIMED 1T

Fights over dead bodies are not a
very uncommon thing among the Butte
undertakers. but to drag a dead body,
in technical sense, into court is rath-
er uncommon even in this city. Cor
orner Richards, who is also county un-
dertaker. has been charged by other
undertakers with using unfair means
to keep possession Of subjects on which
he has held inquests, compelling rela-
tives to pay s25 as alleged expenses
before consenting to turn bodies over
to the other undertakers for burial.
When the boy. Thomas Lynch, died at
the hospital the other day from the ef-
fects of the knife wounds inflicted by
David Mansfield, the coroner took pos
session of the body and held an inquest
on 1t. After the inquest, Roger Lynch,
an uncle of the dead boy, ordered Gill;
gan q Duggan to take charge of the
body and prepare 1t for burial, but the
Butte Undertaking company, of which
Coroner Richards is proprietor, re-
fused to surrender the corpse, and, II is
alleged, prepared to bury 1T to-day.
The uncle then consulted Lawyers
Carroll and Leehy, and the result was
the commencement of mandamus pro-
ceedings in the district court In the
name of the state against the coroner.
In an affidavit. in support of his appli-
cation for a writ of mandamus, Roger
Lynch set forth the fact that he was
an uncle of the deceased and that the
coroner was unlawfully holding the
body. 1t was after 5 o'clock when At
torney Leehy called on Judge Speer at
his residence to have the writ issued,
but the Judge refused to sign 1t, and
some other course was found necessary
so Mr.. Leehy rushed around and in
very few minutes had commenced an
action for claim and delivery against
the coroner in behalf of Roger Lynch.
In his complaint Mr.. Lynch alleged
that Thomas Lynch died at Murray
& Freund's hospital on the corner of
Alaska and Quartz streets In Butte,
Silver Bow. Mont, on the morning Of
Dec. 2. 1895: that plaintiff is the full
uncle of the said Thomas Lynch, the
deceased. and is the only relative of
said deceased at present within the
state of Montana, and as such Is en-
titled to the possession of the body
of said Thomas Lynch, deceased; that
the defendant. after the death of the
said Thomas Lynch aforesaid, to-wit:
On the said second day of December,
1895. at the city and county aforesaid,
without plaintiffs consent, wrongfully
and unlawfully took the body of the
said Thomas Lynch from the said hos
to the commencement of this action
to-wit: on the fourth day of December.
A. D., 1895. the plaintiff demanded of
the defendant possession of the said
body: that the defendant refused and
still refuses to deliver the possession of
the body to plaintiff and still unlawful
ly and wrongfully withohlds and de-
tains the said body from the possession
| of the plaintiff to his damage in the
sum of $500: that the value of the said
| body is the sum OF 1000. Therefore,
plaintiff demands judgment against
| said defendant for the recovery of the
said body of Thomas Lynch, deceased,
and for the sum of $500 damages and
| for costs of suit"
| A $4,000 bond on claim and delivery
with p. s. Harrington and p. j. Bro
ply as sureties was put up and the
writ delivered TO the sheriff. but before
Il was served Mr.. Lynch and his at
torney called on Mr.. Richards at his
home and after some explanations the
coroner concluded to surrender the body
| and the papers were not served. Gill;
| gan & Duggan now have the corpse
and the suit will probably be dismissed
| to-day.
The Butte Undertaking company ex-
| plains that the trouble was that they
| wanted to be reimbursed for the ex-
pense incurred in preparing the body
/ for burial and keeping II before any
| demand was made for II.
Roger Lynch, the uncle OF the dead
boy. lives at Anaconda. The funeral
VIII be held at 2 o'clock this afternoon
/ from Gilllgan g. Duggan's.
r. aluminium and peal opera