The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-08
Shipped to His Late Home by
Local Undertakers.
COURT APPEARED roo LATE.
The Fathers Agent shows Up In
Court Expecting to Hear George
Stewart Explain Why He Refused
to give Up the Sons Body-DOOmed
. Statement About the Case.

The dispute over the possession of the
corpse of II. G. Thayer. the Emerson
saloon suicide, which ON Wednesday as
stunned the form of suit in the superior
court by the suicides father against Bon
ney 4 Stewart. the undertakers, is in a
state of suspended animation.
This sudden change in the status of the
case grows out OF the fact that when the
matter came up for hearing before Judge
Benson yesterday afternoon the attorney
for T.. F. Thayef. the father, made the
startling announcement that the bone of
contention had been surreptitiously re-
moved from the Jurisdiction of the court
in short. the lawyer said the corpse had
been without his knowledge, or the knowi-
edge of Coroner Yandell. the fathers
|. agent, shipped away 10 Oakland Cal.
some time Wednesday evening by Bonney
& Stewart, and there was nothing left to
dispute over. unless the court should be
inclined to punish Stewart. the only MEM
Der of the undertaking firm now in the
city, for contempt in shipping the body
to the bereaved father after the court
had ordered it delivered TO Coroner Yam
dell, his Seattle agent, or cause shown 10
the contrary.
There was only one point. the lawyer
said, where there was uncertainty, and
that was as to whether the shipment WAC
made before or after notice OF the entry
OF the order was served or Stewart. The
lawyer further remarked that in his opin-
ion an outrage had been committed, and
a dangerous precedent established by the
undertakers.
Stewards lawyer observed to the court
tina. the remarks about the alleged out
rage were entirely gratuitous. The law
yer also remarked that he had In prepa-
cot a nv, g. H. -. a..
by the father, which would state more
fully why the delivery of the body was
refused. As a matter of fact. the body
had already been delivered as Ii was now
on its way to the fathers home. All the
undertakers wanted, the lawyer claimed
was the $50 charges incurred by Thayers
physicians, who turned the body over to
Bonney & Stewart. the lawyer said, at the
request of young Thayer on his deathbed.
Judge Benson said he would hear tie
matter further and investigate the alleged
contempt on next Tuesday morning.
In his statement of the case 10 Judge
Benson, Attorney George ri. King who
represented the father, stated that he had.
after thorough examination of the re-
ports been unable to find more than six
cases bearing or the case at bar. and that
but one of the six was directly in point
The proceeding, he stated was II peculiar
one. There seemed to be no law to tit the
case The body could not be replevined.
for at common law, which seemed to hold
in Washington, there could be no prop
erty III a dead body
George Stewart. OF Bonuey G. Stewart
in an interview last night, said:
There is no doubt that TOO much talk
ing has been INDUCED IN about this mat
ter. II is simple enough. do rot con-
slider that I have done anything except
my duty in this matter. Thayer's case
was not one for the coroner Ii was
turned over to me by the physicians who
had charge of the young man after he
shot himself They told me 10 take full
charge of 1t. l did so and wired the father
at Oakland. lie wired back. giving me
instructions TO take charge OF Il. prepare
IL and ship Il to California. | did as |
was tod. / never received instructions
from the father to turn over the body 10
any one. He did tell me 10 sand the
body by boat. but l knew man who
was going down by train and sen, the
body down with him. paying all expenses
and assuming all risk. If there was any
10 be assumed. Young Mr.. Yandeii came
10 me with telegram purporsing TO come
from the father. saying that | should give
him the body. / refused 10 do 80 because
I nsd already gone to the expense of
emhaiming IL. If he had paid me for the
work ] would have given him the body
~ did not receive the courts order TO
appear and show cause why should no.
surrender the body unfit after 10 had been
shipped. Bat even If had. what was 10
prevent me from shipping ito The order
did not say that ] should not ship It. BIZ.
.ha; should appear and show cause why
| should not turn it ever 20 Mr.. Tbayer.
I believe that I am right in the matter.
and that Is all there is TO IL. The coroner