The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-08
WON'T GIVE UP.
Undertaken knight Hires a
Lawyer In District Court.
Still Holding Body Of J. F.
Crennan.
AN UNUSUAL DEFENSE.
Says Corpse Is Not Part of
Estate
Therefore Administrator Has
No Right to 1t.
N UNUSUAL DEFENSE.

The legal fight over the possession Of
the body of the late J. F. Crennan, who
was accidentally killed by a Santa Fe
switch engine last Thursday morning,
is in progress today in the district
court. ]. M. knight, the undertaken,
has refused to obey the order of the
probate court to turn the body over to
A. Hirbour, the administrator. and it
still lies at his undertaking establish
ment.
The hearing today is over the appli-
cation for the injunction asked for in
the district court to keep knight from
shipping the body and to compel him to
turn it over to Mr.. Hirbour- Mr. H1r-
bour is represented by Robert Stone
and Charles Spencer, while knight is
defended by w. F. Schoch.
The hearing was set for IL O'Clock TINS
morning, but it was some time after
that before other matters were dis
posed of so that it could come up. 'Fhe
hearing opened by Mr.. Stone reading
the petition for the injunction. When
that was completed Mr.. Schoch object
ed to the introduction of any testimony
under the petition because it did not
state sufficient cause of action He
argued that a corpse was not an asset
of the estate of a deceased person, and
the administrator had no claim on
anything but the assets of the estate.
who pays the funeral expenses?'
asked Judge Hazen. Doesn't the ad-
ministrator2'
why, 1 suppose the administrator
would answered Mr.. SchOch.
well, shouldn't he have something to
say about what the expense shall be?'
asked the court.
Yes, but not in this way. I want to
say that this case has already been
tried in the newspapers, but we have
been ready to turn the body over at
any time that they would take it in the
casket in which it is placed"
That's just it," said Mr.. Spencer.
"They want US to take the casket they
picked out and charge us what they
please for it,
Where did you get the right to take
charge of the body in the first place.?
asked the court
Mr.. Knight made two trips to the
scene of the accident" explained Mr..
Schoch, land brought the body to his
undertaking establishment for the in
quest. After the inquest the coroner
gave Mr.. Knight a permit to ship the
body, and arrangements were under
way to ship it to Toledo when this re-
straining order was served. In addition
to that friends of the deceased told Mr..
Knight to prepare it for shipment"
Mr.. Spencer cited law to prove that
the administrator had a right to the
body, which Mr.. Schoch answered by
claiming that the petition for the in
junction was in the nature of a replevin
suit.
NO. said Judge Hazen, sit is a man
datory injunction. The court has well
defined ideas on the law concerning this
case, and it will do you no good to
argue it. I will hear the evidence"
Charles L. Wood, proprietor of the
National hotel, where Mr.. Crennan
boarded, was first placed on the stand
and testified to having wired Mrs. J. B.
Bartell, sister of the deceased, who lives
at Toledo, Ohio, on the afternoon of the
accident. He received a reply about 9
o'clock the same evening, directing him
to have the body shipped to Toledo in a
metallic casket The telegram from
Mrs. Bartel1 was introduced in evil
dence.
Mr.. Wood said that he had an attor-
ney make a demand on Mr.. Knight for
the body but the demand was refused.
Then Mr.. Hirbour was appointed adj
ministrator and he had turned the tele-
gram over to him with instructions to
carry out the wishes of the relatives of
Mr.. Crennan.
A Hirbour, the administrator. said
that he made a demand on Mr.. Knight
for the body but it was refused. Knight
also refused to make out his bill for the
work he had done up to that time. Mr..
Hirbour said he offered Knight $50, but
the undertaken was excited and ordered
him and the persons who were with
him out of the establishment. ~
On cross examination, Mr.. Schoch
asked what first suggested the idea to
the witness that Mr. Knight would
charge too much for caring for the
body.
Mr.. Maher came to me and said they
had been to Knights and asked to look
at some baskets, and Mr.. Knight said
he had them running from $500 to $500
This thought was too high. Knight
offered to ship the body in the casket
he picked out, but he refused to let US
pick out a casket''
At this point the court adjourned for
the noon recess.
Probate Judge Dolman says that this
is not the first trouble of the kind that
Mr.. Knight has had.