Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1909-08-21
The CORPSE THAT
KNEW The LAW.
BY r. A. mitchell.

he was left for dead after alter
cations, and four times in illness the
doctors gave him up. Once he tum-
bled off a cliff a hundred feet high.
was caught on the limbs Of a tree and
landed on his feet without a scratch
But now Wakefield was dead. There
had been altogether too much shoot
ing in Paradise, and the people re-
solved to stop it. Wakefield was the
pext man to shoot some one, and the
committee, wishing to make an exam
pie of him and fearing that if they
looked into the matter they might run
against case of self defense or some
thing of the kind, though they gave
him trial, did not take the trouble to
summon witnesses for the defense
But, being law abiding men, they were
very particular that the court routine
should be observed even to asking the
culprit If he had anything to say why
| sentence should not be passed upon
him. He replied that he had been a
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 to show
that he was physically and legally
corpse. The case would have been for
ever closed had not young doctor
who had reversed the usual course by
beginning practice and studying after
ward stolen him from his grave
UoI%
room, espied a bottle, stimulated him
self and when the doctor came back
to cut him up was just setting the
glass down on a table
Wakefield, being flat broke" offered
for 500 to refrain from informing of
the doctors breach of the law. The
doctor refused the offer, and Wakefield
sued him for interfering with his law
full sepulcher Since Wakefield was le-
| gally dead the committee did not see
how they could deprive him of life
But they granted him a trial of his
suit against the doctor, in which the
claimant laid the damages at $1,000
About that time a lawyer came from
an eastern law school and hung out
his shingIe The doctor retained him
Wakefield stated bis case in court thus:
Your honor, am legally a corpse,
and this case must be tried on such
grounds. Death, according to the law,
separates a man from all his earthly
possessions except his body 1t is a
maxim of common law that there can
be no property in a corpse-that is, no
one living can own it. My corpse is
my own property
81 claim" interrupted the opposing
counsel. that the plaintiff is Wake
fields ghost Since he places his case
on technicalities | will do the same
Let him prove that he Is not disem-
bodied spirit"
cit is not necessary" replied the
plaintiff "The law takes no cogni-
zance of ghosts. When a man is dead
the law says that he shall stay dead
His apparition has no standing in
court, though his body has
ut is 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 it
self before death, possesses certain
rights over itself after it becomes
| dead. Every corpse has the inalienable
right to six feet of ground to be buried
in and the right of being buried. The
law holds the owner of the premises
on which man dies responsible for
mis- burial This corpse died on grounds
under the jurisdiction of the courts.
The courts buried it, and the courts
are responsible for its being left IN
| touched in its grave
Your honor" interrupted opposing
counsel, "the law gives no civil rem
| edy for the stealing of a body, for there
| is no property right in corpse to give
any one right to recover in a court
for violation of sepulcher"
1.-THE learned counsel" pursued the
| claimant, should insert the word liv-
ing l admit that no living person
has a right to recover for violation Of
sepulcher. That right is vested in the
corpse. But in previous cases the corpse
has not come into court to claim its
rights A civil action may be brought
for breaking and entering a place
where the body is buried the same
damages can be recovered. The law
has often interfered to protect the
rights of US corpses. And as no one
can own any body except his own no
one can remove a body without the
courts permission, which can only be
granted in behalf of the body itself
Having shown your honor that the
defendant is only accountable to me,
corpse, and that he has willfully in
terfered with my rest in the grave, has
brought me back to a life that is irk-
some to me, l ask that he be com
manded by the court to pay me the
damages claimed"
The judge looked at the defendants
counsel, but he was so dazed by the
remarkable legal knowledge on the
part of a corpse that he could not
think of a single argument in rebuttal.
He collapsed.
At this point a stranger in those
| parts al&se and said to his honor:
81 am Judge Tatterton of the su-
preme court of - and travelling in
your county. Permit me to say that
the points stated by the plaintiff are
legally correct in every particular"
Judgment for the plaintiff" said
the judge, "and be sure to enter it in
favor of the corpse of David Wake
field, together with COSTS"