Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1909-08-11
THE CORPSE THAT
KNEW THE Law.
BY z. a. michel.

| ldr westerly region he lunaOfte0 IOT
having as many lives as a cat. Thrice
he was left for dead after alter
satiops and four times in illness the
doctors gave him up. Once he tum-
pled OF CHI hundred feet high.
was caught on the limbs Of tree and
landed on his feet without a scratch.
Bnt now Wakefield was dead There
had beer altogether too much shoot
Ing in Paradise. and the people re-
solved to stop It. Wakefield was the
next man to shoot some one. and the
rommittee wishing to 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
I 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
rulprit If he had anything TO say why
sentence should not be passed upon
1 him. He replied that he had been
lawyer in the better days and could
clear himself. but what he wanted was
I rest in the grave.
| And so he passed out. He was
Z hanged by the neck until he was
! dead" and papers were on file to show
I thai he was physically and legally a
I corpse. The case would have been for
7 ever closed had not a young doctor
who had reversed the usual course by
beginning practice and studying after
ward stolen him from his grave.
Wakefield came to life in a warm
room. espied n bottle. stimulated him
self and when the doctor came back
to cut him up was just setting the
glass down On table.
(, Wakefield. being 'f,at broke" offered
( for 500 To refrain from Informing "
the doctors breach Of the law. TIE
/ doctor refused the offer. and Wakefield
/ sued him for interfering with his law
I full sepulcher Since Wakefield was To-
gally dead fhe committee did not see
how they could deprive him Of life.
But they granted him trial OF his
suit against the doctor. in which the
claimant laid the damages at $1,000
About that time a lawyer came from
m eastern law school and hung ont
his shingle. 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. 1t is n
maxim of common law that there can
be no property in corpse-that Is. no
one living can own 1t. My corpse Is
my own property
/ Il 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 be is not a disem-
bodied spirit
1T 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 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 1t 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
/ his burial. This corpse died on grounds
under the Jurisdiction of the courts.
The courts buried 1t. and the courS
are responsible for its being left I'M
touched in its grave"
Your honor" interrupted opposing
! counsel. 1.-THE law gives no civil rem
edy for the stealing Of body. for there
is no property right in corpse to give
any one right to recover In court
for violation Of sepulcher."
THE learned counsel pursued the
/ claimant. should insert the word 'liv-
Ing ! 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
4 has not come into court to claim its
rights. A civil action may be brought
/ All biCuhAbS PldCC
where the body is buried, the same
constituting a trespass. for which
damages can be recovered. The law
has often interfered to protect tn
rights Of us corpses. And as no one
can own any body except his own no
one can remove 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,
a corpse. and that he has willfully In
terfered with my rest in the grave, has
brought me hack to life that Ii irk-
some to me. 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