The Point Pleasant register. [volume] (Point Pleasant, W. Va.) 1909-1939, 1910-06-22
THE CORPSE THAT
knew THE Law.
By F. A. mitchell.
tcopyrlsh,. 800. by Americas Press Asso-
CATION,

Tar westerly region he Inhabited for
having as many lives rs cat. Thrice
he was left for dead after alter.
cations. and four times in Illness the
doctors gave him up. Once he tun-
bled or cliT hundred feet high.
was caught on the limbs of a tree and
landed on his feet without 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
next man to shoot some one. and the
committee. wishing to make IN exam
pie Of him and fearing that II they
looked into the matter they might run
asainst-a 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 II he had anything TO 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. BE 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 a young doctor
who bad reversed the usual course by
beginning practice and studying after.
ward stolen him from his grave.
Wakefield came 10 life in a warm
room. eSnied 4 bottle. stimulated him.
self and when the doctor came back
TO cut him up was just setting the
glass down or table.
Wakefield. being "aat 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 sepUlche7. Since Wakefield was le-
Sally dead the committee did not see
how they could deprive him Of life.
But they granted him n 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 single. The doctor retained him.
Wakefield stated his case in court thus:
Your honor. am legally 4 corpse.
and this case must be tried on such
grounds. Death. according TO the law.
separates n nan 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 1t. Ny corpse is
my own property
~ claim. interrupted the opposing
counsel. that the plaintiff is Wake
fields ghost. Since he places his case
on technicalifies win do the same.
Let him prove that he is not a dlsem-
bodied spirit"
1T 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.
BIS apparition has no standing in
court, though his body has.
1T is the duty of the common law"
the claimant went on. ito protect the
trepose 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
his burial. This corpse died on grounds
under the Jurisdiction Of the courts.
The courts buried II. and the co1rts
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 body. for there
is nc. property right in a corpse to give
any one right TO recover in a court
for violation Of sepulcher"
The learned counsel" pursued the
claimant. should insert the word Ilv-
Ing admit that no living person
has right to recover for violation Of
sepuicher. 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 place
where the body is buried. the same
constituting a trespasS. for which
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 II behalf OF the body itself.
Having shown your honor that the
defendant is only accountable to me.
corpse. and that be has wiIlfully In.
terfered with my rest in the grave. has
brought me back to 4 life that is irk-
some TO me. ask that he be COM
manded by the court to pay me the
DAMAGES cIoip,aSl -