Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-08-08
Refuses Approval Of Claim
Of Coroner Martin,
Plscataquis County Official Held
Inquest in Penobscot County.
Matter Laid Before Governor and
Council for Decision.

For tile first time in months Stat.
| AUDITOR Charles p. Hatch has refuced
| u approve claim against the State
anu tne matter is now pending before
the Governor and Council. It is the
clalm OF James l.. Martin of Milo n
coroner residing in Piscatau,1is conn
w. and the State auditor refuses to
approve the bill on the ground thar
the inquest was conducted bv Coro-
ner Martin in Penobscot county wher.
IL? mad no jurisdiction. The text of the
o'atc auditors statement in refusing
10 approve the claim is as follows.
IN conformity with Section 5 of
Chapter 147 of the Public Laws of 1907
tne IauGltor begs leave to report that
having investigated the claim of James
l.. Martin of Milo, a coroner in and for
tne county of Piscataquis, and others,
he beileves the same improper for the
reason that in conducting an alleged
inquest in Penobscot county the cor
oner had no jurisdiction.
The facts appearing in the affidavit
and correspondence may be sum-
married. as follows:
ION date not named Mr.. James
l.. Martin, who is a coroner in and for
the county of Piscataquis, residing at
Milo. received notice of the presence.
in Township No. 5. Range 10, W. E. L.
s.. an unorganized place in Piscatauuis
county, of the dead body of a person
who appeared or was supposed to have
come TO his death by violence The
coroner thereupon proceeded by rail to
Patten, in the county of Penobscot,
which was the town most convenient
tC Township S. Range 10.
"The next step in the proceedings is
not set out with clearness, /. e., how.
the body was conveyed from Township
5. Range 10. Piscataquis county. to
Patten in Penobscot county 1t is not
clear that the coroner even viewed the
body in Piscataquis county before it
was taken 70 Patten, in Penobscot
county, or that he directed the removal
of the body to Patten: but it would
seem that the coroner, upon his arriv
al at Patten. issued his warrant to
constable for the town of Patten, re-
quiring said constable to summon
coroner's jury. The constable, acting
at the coroner's instance and request.
summoned a jury of six men. all resi-
dents of the town of Patten. as well as
eight witnesses. some of whom were
summoned from Piscataquis county.
Two of these witnesses were DR.. w. X.
L. Hathaway and DR.. Louis G. Ford.
both of Milo. Piscataquis county. the
first named being the duly appointed
medical examiner for the county OF
Pscataquis. and the latter was chosen
nv the medical examiner as his assist
ant in this case.
After inquest had and after autopsy
held by the medical examiner and MS
assistant the jury found that the BODY
was that of Alphonse Cyr. and that
he came to his death by bullet fired
from rifle in the hands of some per-
sen unknown to the jury.
"1he coroner certified under oath
that Cyr was to his knowledge ana
belief stranger not residing WITHIN
the state of Maine and that he had no
residence or place of abode IN the
State, and that his residence was
Grand Falls. New Brunswick
1.-THE coroner presents a bill for his
services and for those of the jurors. the
constable, the witnesses. the medlcaf
examiner and his assistant. agSreSat-
ing three hundred and twenty-one
and 45-1OO dollars (s321.45>. The papers
and correspondence in the case are pre-
sented herewith.
1.-THE auditor cannot approve these
bills for the reason that the coroner
IS commissioned to, act only in the
county of Piscataquis and his acts IN
conducting an inquest outside OF MS
jurisdiction were void.
"Chapter $40. Section 1, of the he-
vised statutes, directs coroners to ho'd
;nouests in certain cases when no
tified of any such dead body in ms
county. This section further directs
him to make out his warrant directed
to any of the constables of the same OF
an adjoining town in said county. re-
! curing him forthwith to summon q
inv, Of six good and lawful men OF
their towns to appear before him at the