The record-union., 1899-04-27
CORONER VS.. UNDERTAKEN.
CHARGE AGAINST A. p. BOOTH
DISMISSED.
Justice Henry Thought the Facts
Did Not Require Holding
Him for Trial.


Justice Henry yesterday dismissed the
charge against A. P. Booth OF the
undertaking firm of Clark Il Booth'
whom Coroner McMullen had caused 10
be arrested on a charge of interfering
with and obstructing him while IN the
discharge of his official duty as Coroner.
The order of dismissal was mace at
the conclusion of the case for the prose-
eution and after arguments mao peen
made by A. ]. Bruner, who represented
the complainant, and Hiram w. John-
son, counsel for Mr.. Booth.
The alleged interference and obstruc-
ton arose from a clash of interests IN
the case of the late Arthur N Keat1ng,
better known as Arthur Miller, VINO
committed suicide Coroner McMulen
took charge of the body, but Mrs. Keat-
ing engaged Clark & Booth to CONDUCT
the funeral, and before the inquest had
been held the latter firm, through Mr.
Booth, was given possession of the body
to prepare it for the grave. Coroner
McMullen objected to this procedure,
and as Mr. Booth declined to vacate he
was charged as stated and arrested.
Coroner McMullen was the first wit
ness called by the prosecution at the
preliminary examination yesterday.
After testifying to the fact of the sui
eide on the It'll day of this month the
witness said he went to the house,
where he found the body lying on the
floor in a pool of blood He placed the
body on a cooling table, washed and
shaved it, etc. On the following day
he found the body in the house but in
charge of a man named Bates, whom
he understood to be an employe of
Clark & Booth, the undertakers.
The body had been removed from his
cooling board and placed on another.
Bates said he was in charge of the body
and admitted to witness that he had
refused DR.. Atkinson assistant County
Physician permission to examine it or
make am autopsy. In response to
question by witness he said he would
also have denied him the privilege of
touching the body. When the jurors
who We're to hold the inquest were pre-
sented Bates finally gave way. witness
took charge of the body and the in
quest was held.
When Mrs. Miller ikea ting) informed
the witness that she had engaged Clark
& Booth to conduct the funeral he said
that was all right, but that he wanted
no one to interfere in the matter until
he had held the inquest. Booth APP
peared subsequently and witness told
him not to touch the body until after
the inquest. Booth admitted that he
had moved the body, and witness told
him he had violated the law. Booth
told him to go ahead and do his best.
On cross-examinaton by Mr.. Johnson
McMullen said he did place crepe on the
door as he at first intended to remove
the body to the Morgue, but at Mrs.
Miller's requeset he consented to let it
remain in the house. He then did what
he considered necessary to preserve the
body until the inquest should be held
He did some things that do not strictly
belong to the duties of Coroner He was
not employed by Mrs. Miller as under
taker
No individual, said the witness, has
any right to embalm a body before an
inquest is held. but being himself an
undertaken he did what was necessary
to. preserve the body. He could not per-
nit anyone else to do this Under the
circumstances he considered it his duty
to do these things.
Mr., Bruner had interposed several OBJ
nation. He said the only question be-
fore the court was this-was the body
taken from the Coroner's hands pend
ing the inquest?
Mr.. Johnson then had Coroner Nc
Mullen repeat most of his direct testi
mony. and then, in response to ques-
tons he said that on the day following
that on which the deceased took his life
he (the witness) summoned the jury,
and that evening they first saw the
body
He first went to the house in the ca
pacity of Coroner, and took his under
takers apparatus along with him, ex-
pecting to remove the body. Sometimes
as in this case, the Coroner defers to
the wishes of relatives and does not re-
move the body.
Asked if he did not know that the
law requires a jury to be summoned
forthwith, Coroner McMullen replied
that he deferred action in order to in
quire into the matter and determine
whether or not it was case requiring
an inquest.
What he did to prepare the body was
done in the interest of humanity. The
body and the room We're in very bad
condition. The floor was covered with
blood. and as the house servant de-
clined to clean it the witness had his
assistants dc it. The face of the de-
ceased had to be shaved, the body
washed, etc, and he having charge as
Coroner, nobody else had any right to
do it
1t was after this preliminary work
had been done that Mrs. Miller in
formed him that she desired Clark &.
Booth to conduct the funeral He did
ask SO for what he had done. but it
was refused The body was made pre-
sentable for the jury. 1t was then on
Clark & Booths cooling board. This
he considered as taking the body out
of his possession. Bates did it by, as
the witness supposed, the order of Clark
& Booth.
Replying to other questions, Coroner
McMullen said he understood it to be
his duty to take charge of the body and
keep 1t until the inquest had been held.
Removing it from his cooling board to
another and denying the Assistant
County Physician permission to exam
Inc the body constituted interference
and obstruction This was done against
the witness protest and warning
Coroner McMullen further said he told