The record-union., 1899-04-27

Booth not to touch the body nor en-
balm it. until after he was through with
it. Booth replied that he was there for
Mrs. Miller, and would take possession
of the body and embalm it. He asked
Booth if his firm would pay for what
had been done. Booth asked how much
it would be, and witness replied $40
That was all that was said on that
point. 1t was the day after the suicide
that he decided to hold the inquest.
DIR. F. L. Atkinson, Assistant County
Physician, testified that he went to the
house of the deceased to examine the
body, in company with Coroner Nc
Mullen The latter remained outside
to watch his horse. The young man
in charge of the body refused him per-
mission to see it, though he told the
young man he was there in an official
capacity. The man in charge of the
body Oates gave witness to under
stand that he had been instructed not
to permit any one to see the body. He
also told the Coroner he would have
denied him permission to see the body.
Bates telephoned to Mrs. Miller, who
was absent, and she told him not to
permit any one to touch the body in
her absence.
: B. W. Cavanaugh testified that on
the day of the suicide Mrs. Miller asked
hlm to go to the Coroner'S office for
her. He went there with Mr.. Booth
Witness told McMullen that Mrs Miller
wanted Booth to take charge of the
body, and the Coroner said he objected
until after he had got through with it,
Booth said he wanted to take up an
artery, but McMuilen would not con-
sent. McMullen said there had been
a great deal of work in preparing the
BODY, and he had been to considerable
expense in cleaning up the room, etc.
Mr.. Booth asked what it amounted
to, and McMullen replied about SO
Booth then asked if he would allow that
sum would McMullen permit him to
take up the artery, and the latter said
no, but that he would be through with
the inquest and deliver the body to
Booth about S O'Clock that night.
F. P. Armstrong. an employe of the
firm of Miller & McMullen, undsrtakers
testified to having fixed up the body
at the request of Mrs. Miller, wife of
the deceased. He proceeded as he
would have done in a case where his
body was in bad shape, and what was
done was necessary to make it pre-
Sentable.
Benjamin Barnes, one of the jurors
that held the inquest testified that
when Coroner McMullen invited the
jurors to enter the room and view the
body McMulen asked the man Dates
in charge of the body if he had refused
to allow DR.. Atkinson to see the body,
and he replied he had The Coroner
then said he supposed he (Bates) would
have refused to admit even the Cor
oner, and he said he certainly would.
A. Bates testified that he went to the
house of the deceased as a friend of
Mrs. Miller He had not seen Mr.. Booth
before going there. He denied having
refused DR.. Atkinson permission to ex-
anime the body. He telephoned to Mrs
Miller told her of the demand. and
she replied not to admit him until her
return, which would be shortly. Wit
ness told DIR. Atkinson, but the latter
could not remain and departed
Bates further testified that Coroner
McMullen asked him if he was the man
who refused DR.. Atkinson permission
to see the remains, and witness replied
that he was. McMullen said he sup
posed witness would have refused him
admittance, and witness replied that he
would
In response to a question by Mr..
Johnson, Witness Bates said he never
saw Mr.. Booth until last Friday night.
He was at the house as the friend and
at the request of Mrs. Miller alone.
Mr.. Johnson then asked that all the
testimony tending to connect Bates
with the firm of Clark & Booth be
stricken out To this Mr.. Bruner con-
scented, and it was done.
The prosecution here rested. and Mr..
Johnson moved for the discharge of his
client, claiming that no case had been
made out against him.
The motion was opposed by Mr.
Bruner, and the case was argued at
length.
Justice Henry said he had no doubt
the prosecution had been built upon the
superstition that Bates had been placed
IN charge of the body by Clark & Booth.
whereas it appeared that he did not
then Know Mr.. Booth, but was there at
Mrs Mi!ler's request. He could not find
enough against Mr.. Booth to warrant
holding him to answer, and would grant
the motion for dismissal.