The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-21
THEY TRY IT OVER.
Another Motion to Have the Body or
L. III. Perkins Exhumed.

An application to set aside the order
of the court sustaining the demurrer
of the attorneys of the Perkins estate
relating to the elimination of the body
of Lucius H. Perkins was made today
by attorneys of the Mutual Life In
surance company of New York. IN
cluded was request for a rehearing
of the case. The rehearing is asked
for on two grounds: First-Because
the court erred in holding that the
complainant had an adequate remedy
at law by way of. defense to an action
at law upon the policy of insurance
mentioned and described in the bill or
complaint. Second-Because the court
erred in holding that a court of law
had the poyer and Jurisdiction to
grant to the complainant the relief to
which the complainant is entitled to
under facts set up in the bill of COM
plant and the application for an order
to eXhume the body of Lucfus H. Per-
kins.
At the same time the attorneys filed
suit on the law side asking for an or
der from Judge Smith Mcpherson in
the United States circuit court to ex-
hume the body of Perkins for the pur-
pose of holding an autopsy. Last Sat
urday Judge Mcpherson rendered an
opinion with upheld the demurrer OF
Adolph E. Greisa, VIM. E. Hazen, ex-
ecutors. and Alfred Whitman, admin
L,
cius H Perkins, that the suit brought
in the first instance by the insurance
company to secure an autopsy, was not
a matter which properly belonged IN
court of equitable jurisdiction Judge
Mcpherson suggested that the insur-
ance company might bring suit upon
the law side of the case.
Following this suggestion the suit
was filed today.
In the bill the following outline or
the application is given:
comes now the said defendant anc
moves the court to grant an order in
the above entitled case, directing ana
instructing the said plaintiff to per-
nit the defendant to disinter the body
of the Lucius H. Perkins, now buried
in the cemetery at Lawrence, Kan,
and to1perrnit an autopsy to be held
upon said body, for the purpose OF dis
covering the real cause of the death
of said Lucius H. Perkins, and for the
purpose of ascertaining whether said
body contains poison, and, II SO,
whether said poison caused his death
Said defendant asks that SAID order De
made forthwith, for the following rea-
sons: H-z'ic
"It is of vital Importance to the de-
termin alton of the issues involved in
the above entitled cause to determine
the cause and manner of the death or
said Lucius H. Perkins, as is more
fully shown in the allegations of the
answer of said defendant filed in the
above entitled case, which is hereby
referred to and made a part hereof
and the allegations thereof relied upon
for the application herein made as full
lv as though said answer were set out
in this application. Second: For the
reason that said Lucius H. Perkins
came to his death by reason of the
administration of. a dose of poison by
his own hand, taken in secret, and the
certain proof of the act will lie in the
of and autopsy upon the
BODY of said Lucius H. Perkins by ex-
pert scientific men,"
Two other seasons are cited, one
that the insurance company cannot
prevail upon the county coroner to
exhume the body. and second, that the
only relief sought must be at the
hands of the United States circuit
court.