The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-14
EXHUMED BODY
WITHOUT AUTHORITY
Damage Suit Against Undertakes by Con-
SregatiOn Emanuel.
REMAINS OF MRS. M. HELM
We're Buried by Her Husband in the
Jewish Cemetery.
CONGREGATION REFUSED PERMIT
For Removal of Body Because the Re-
quest Did Not Come from the
Husband, in Whom They
Vested Sole Authority.
CONGREGATION REFUSED PERMIT

A sensational damage suit has been fled
in tho city court, in which Jhon D. Miller
OF the firm of Miller & Co., undertakers,
is charged with having trespassed upon and
wantonly removed body from the jewish
cemetery at Enon Ridge.
The suit was filed by benson & Tanner,
attorneys, for Congregation Emanuel and
5000 is asked as damages for the alleged
trespass and removal
Some days ago Miller & Co. received a
letter from Miss Margaret Kennedy Of
Chicago, stating that she and her mother
desired to have the body of Mrs. Mart n
Helm, her sister, who died here in 1897, re-
moved to that city, at the same time au-
thorizing them to arrange for the removal.
Mrs. Helms body was buried in the Jewish
cemetery, her husband, who was connected
with the Morris hotel at that time, be ng
of that religious faith, although she her
self was a Gentle. Mr.. Helm was unab. g
to carry his wifes remains to Chicago,
and applied to Congregation Emanuel for
permission to bury his dead in the Jewish
cemetery, which was granted. The cost
of the lot was s25, but not being able to
pay for it at the time he was told that he
could do so whenever he felt able Shortly
afterwards Helm left the city, and moth
ing was ever heard from him.
Permission Was Refused
Upon the receipt of the letter from the
sister of the dead woman, Miller & Co.
applied to Congregation Emanuel for per-
mission to remove the body. meeting Of
the board of trustees of the congregation
was called and it was decided to refuse to
permit the removal unless a request or or
der was presented signed by Mr. Helm, the
husband. Miller & Co. were notified of the
action of the congregation and 1t is said
stated that they intended moving the
body.
On Tuesday last while the sexton of the
cemetery, which is situated about a mile
and half from the city, was away, Mr..
Miller went to the cemetery and it is
claimed entered the grounds, opened the
grave, exhumed the body and on the fol-
lowing day shipped 1t to Chicago.
Acted on Legal Advice
Mr.. Miller states that he acted on legal
advice and under similar circumstances
would do the same thing over He says
that he offered to give an indemnity bond
and further claims that the letter from
Miss Kennedy states that Mr.. Helm was
anxious and willing that the remains be
removed to Chicago.
When it became known that the body had
been removed against the order of the
board there was much indignation among
the members of the congregation, who
claim that there was no desire to hold the
body except to protect the congregation
from liability for allowing the removal
without proper or legal authority, which.
1t is said is vested solely in the husband.
The matter was placed in the hands Of
Attorneys benson and Tanner, who filed
the suit for damages, and 1t is said that a
criminal prosecution will follow.