The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1909-08-07
THE CORPSE THAT
KNEW THE Law,

Copyright 1909. by American Press Asso-
ciationl

David Wakefield was known I'm that
far westerly region he Inhabited for
having as many lives as cat. Thrice
he was left for dead after alter
cations. and four times In Illness the
doctors gave him up Once he tum-
| bled Off cliff hundred feet high.
was caught on the limbs OF tree aud
landed on his feet without a scratch
| 3ut now Wakefield was dead. There
had been altogether too much shoot
! ING I'm Paradise, and the people re-
solved 10 stop II. Wakefield was the
next man 10 shoot some one, and the
committee. wishing 10 make an exam
pie OF him and fearing that II they
looked into the matter they might run
against case OF self defense or some
thing OF the kind. though they gave
him n trial. did not take the trouble 10
summon witnesses for the defense.
But. being law abiding men. they were
very particular that the court routine
should be observed even 10 asking the
culprit II he had anything 10 say why
sentence should not be passed upon
him. He replied that he had been
lawyer In the better days and could
clear himself. but what he wanted was
rest in the grave.
And so he passed out. He was
hanged by the neck until he was
dead" and papers were on file 10 show
that he was physically and legally
corpse. The case would have been for
| ever closed had not 4 young doctor
who had reversed the usual course by
beginning practice and studying after
ward stolen him from his grave
/ Wakefield came a. life In warm
room espied bottle stimulated him
SELF and when the doctor came bnck
20 cut him MP was Just setting the
/ glass down on q table
Wakefield. being "nat broke. offered
for 500 10 refrain from informing of
the doctors breach Of the law The
doctor refused the offer and Wakefield
sued him for interfering with his law
| ful sepulcher. Since Wakefield was le-
] gally dead the committee did not see
/ how they could deprive him OF life
| But they granted him Il trial OF his
| suit against the doctor, In which the
claimant laid the damages az $1,000
/ About that time n lawyer came from
an eastern law school and hung ont
| his shlngle. The doctor retained him
Wakefield stated his case IN court thus
"Your honor. am legally a corpse
\ and this case must be tried on such
grounds. Death according 10 the law
separates man from all his earthly
possessions except his body II Is
maxim OF common law that there can
I be no property In corpse That Is, no
one living can own II. My corpse is
my own property
II claim" interrupted The opposing
counsel. that the plaintiff Is Wake
fields ghost Since he places his case
on techncalitlcs VIII do the same
Let him prove that he Is not a disem-
bodied spirit"
"lt Is not necessary" replied the
plaintiff THE law takes no cogni.
zance Of ghosts. When man Is dead
the law says that he shall stay dead
His apparitIon has no standing IN
court. though his body has
III II the duty Of the common law"
| the claimant went on. Ito protect the
'repose Of the dead The law holds
that the corpse. being the owner Of H.
/ self before death. possesses certain
rights over Itself after II becomes
dcad Every corpse has the lnnlicnablc
\ right 20 six feet OF ground 10 be buried
III and the right ~ being buried The
\ law holds the owner Of the premises
on which man dies responsible for
his burial This corpse died on grounds
under the jurisdiction Of the courts
The courts buried H. and the courts
are responsible for It's being left mn
Touched IN It's grave"
"Your honor" interrupted opposing
counsel "the law gives no civil rem
edy for The 7tcallng of a body. FOR There
Il no property right In d corpse 20 give
any one right 10 recover IN n court
for violation ~ sepulchcr"
The lenrucd counsel" pursued The
claimant SHOULD insert the word 1ly.
Ing admit that no living person
has right 10 recover for violation ~
sepuicher, That right Is vested IN the
corpse. But III previous cases the corpse
has not come into court 90 claim lis
rights. A civil action may be brought
for breaking and entering place
whore the body Is buried. the same
constituting a trespass. for which
damnges can be recovered. The law
has often interfered 70 protect the
rights 81 us corpscs And MS no one
car own any body except his own NO
one can remove Il body without the
courts permission which can only be
granted IN behalf 81 the body itself
Having shown your honor that tile
defendant Is only accountable 10 mc
a corpse. aud that he has wilfulfy IN
terfered with my rest IN the grave. has
brought me back 70 life that il irk
souDe TO me. I ask that he be com
handed by the court 20 pay me the
damages claimed
The Judge looked nt The dpfende~s'a