The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-02-27

Equity proceedings were instituted
yesterday to prevent an inquest in the
case of Raymond Weaver, the boy
whose Christian science parents, 1t is
alleged, neglected to furnish him with
medical attendance during an illness
of diphtheria which resulted fatally.
George l.. Weaver, father Of the boy,
as plaintiff. filed n petition with Judge
Archibald setting forth that it was not
within the jurisdiction OF the coron II
TO hold an inquest in this particular
case, and asking that he he enjoined
from proceeding with the inquest called
for 3 o'clock yesterday Afternoon.
Attorneys I. II. Burns and Charles
J.. Hawley argued before Judge Arch
bald in support of the petition, but the
judge declined to grant it, saying he
could not under the circumstances in
terfere with the coroner.
The inquest, however, was not held.
The Jurors. witnesses. attorney and
others interested directly or indirectly
in the case hung about the arbitration
room or the adjoining corridor until
long after 3 o'clock, the appointed
hour, and as there was no signs of the
coroner approaching the unwilling wit
nesses betook themselves off and the
coroner when he did arrive was conf
PEELED to adjourn the inquest. 1t will
possibly take place at o'clock this
afternoon.
BILL IN EQUITY.
The bill in equity filed by Mr..
Weaver reads as follows:
TO the Honorable the Judges of the
Court of Common Pleas.
Your orator complains and says:
First-That he is a resident of the bo-
| rough of Dunmore, in said county OF
| Lackawanpa, "a citizen and taxpayer OF
said county, and interested in the proper
: expenditure of the public money raised
| by taxation within the said county.
! Second-The plaintiff was the father OF
! Raymond II. Weaver, a boy 10 years old,
! who died at the residence of the plain
| tiff, in the said borough of Dunmore, on
| the 18th inst, the following being IL copy
| OF the certificate of death. given by DR..
Herbert d. Gardner physician in reg
ular practice in the city OF Scranton. in
said county:
| PHYSICIANS CERTIFICATE.
Name of deceased. Raymond H. Weave,
Sex Observation-Disclosures. .Maie
Color ...,..................... h!te
Age ...................''.'l ~ years
! Married or single ....................Sins slG
Cause of Death .Diphtheria
| Nationality .......................A American
H. ID. Gardner NJ. D.,
Scranton, Pa.
Third.--That the defendant has no right
under any law TO hold an inquest in any
case other than that Of Il sudden death
by unlawful violence, or other unlawful
acts. at the hands of some other person
! OF persons, or in case there be such
strong suspicion CT such violence or Other
unlawful acts as to make an inquest nee.
| cssary. as set forth in the act of as
sembly. approved the thirtieth day ol
March. \. D., 1866, i. l.. 39l.
t'ourth-Thut said Raymond II. Weavci
died of disease, as set forth in said ccrtiil.
cate, after a continued illness of more
| than one week, ANA that his death was
not caused by unlawful violence. or Other
| unlawful acts at tho hands of any per
son or persons, and that there is no sus
picion of such violence or other unlawful
| acts.
\ JURY SUMMONED.
Fifth--That the defendant has SUM
| moned a jury for tho purpose of holding
| an inquest on such death at 3 o'clock y
M, on Monday, the aGth day of February
| a. d., 1900 and has subpoenaed witnesses
among whom are this plaintiff, his wife
| and his daughter, to appear and give tes
timony at such inquest.
SiXth-That the holding of such inquest
is unwarrantcd by law and contrary
thereto and that the defendant has nc
| jurisdiction to summon a jury and hold
an inquest under the facts in this case.
Scventh-That the holding of such un
lawful inquest and the summoning be-
| fore such inquest of your orator anc
other members Of his family will comne
them to appear before Il tribunal having
M jurisdiction and will constitute an nm
Lou f,t1
| plaintiffs domestic and family affairs
in which he and his family are alon,
interested, and with which the public
have no concern or interest, and in vio
lation Of his rights as u citizen of tn,
state of Pennsylvania.
Eiahth--rhat the holding Of such in
quest will cause unlawful expense to tn.
taxpayers Of said county, of whom YOU
orator Is one
Ninth-That said illegal inquest. ii al
lowed to proceed. will cause the plaintiff
great and irreparable injury for which h,
has no adequate remedy at law.
PRAYER.
First-lour orator. therefore, pray.
this court to grant a preliminary iniunc
tioE restraining the defendant from hold
ing such unlawful inquest or proceedin,
further in regard thereto and that upol
iiial hearing and adjudication said in
| junction be made perpetual
S"cond-That your orator have sucl
other and further relief as to the cour
may seem just and proper in tho prem
| ises. George L. Weaver
WANTED 1T POSTPONED.
In the morning The attorneys for Mr.
Weaver waited upon the coroner anC
requested him to postpone the inques
to give them an opportunity OF apply
ing for an injunction, representing (,
the coroner that both judges were on
OF town. The coroner agreed to this
but when it later developed that Judg
Archibald was in the city the coronr