The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1912-05-21

he had the same interest as in his rea
estate"
Your honor" replied counsel for de
Tense. "this being friendly suit t.
establish a principle we admit without
the fact being established by witness
es that the defendant did remove the
body Of the plaintiff from its grave
but we claim that the plaintiff, being
legally dead, has no standing in this
court"
II propose" said Blackiston, ito try
the case on that very issue l there
fore admit that in the eyes of the law
am dead. Nevertheless in a sense a
corpse is living person. 1t being the
duty of the state under the law to pro
tect the repose of the dead, it follows
that the dead have rights. Therefore
when corpse is feloniously invaded
in its own domicile, the grave. it must
have legal standing with the state
to protect Itself. II it has a legal
standing against the state it must
have such standing In court against an
individual"
''There is no question" replied coun-
sci for the defendant. that the plain
tiff is legally dead, nor is there any
question that he is really living. New
ertheless | am considering him as a
corpse resurrected. returned to life and
with the right to establish his former
legal identity. Since we are endeavor.
ing to establish principle of law let
us admit that Blackiston has estab-
lished such legal identity. In that case
think he would stand before the
court as a resurrected living corpse.
Brickabat versus Cobbleston"-
At this point the court interrupted
the learned counsel to say that the
brain wear and tear of the case were
so exhausting that he would adjourn
the court for one hour for refresh
ment, recommending phosphoric foods
calculated to restore the enormous eel
lular waste. When the court convened
again his honor remarked:
SIN order to proceed with this trial
1t must be admitted that the plaintiff
has standing In this court, and SO
the court holds"
Every WE'LL" said Blackiston. my
standing before this court as a corpse
having been admitted. demand dam
ages against the plaintiff for invading
the six feet of ground In which i as
a dead man had an inalienable right"
"Your honor" quickly interposed
counsel for the defense. the plaintiff
cannot claim damages, though his
standing In court and the trespass is
admitted, for since there is no proper
ty right in a corpse the law does not
give a right to recover In a court for
a violation of sculpture. If we admit
that the plaintiff suing as a corpse
has cause for action against man for
stealing himself-a corpse-the present
action falls to the ground and can
only be brought again as an action OF
one dead body against another. for
which there is no law of the land that
can compel an answer"
Blackiston now arose and delivered
an argument that has since been con.
sidered wonder by every member of
the bar who heard It, But unfortu
nately the reporters. who were not
skilled In legal lore and could not d.
gest the arguments. had been sinking
to slumber. and when the phenomenon
arose to speak the last journalist had
gone to sleep.
When the summing up had been con
cluded the judge announced that he
would take a week to consider the
case and would hand down a decision
at the end of that period.
When the day came for him to read
his decision the courtroom was crowd
ed to OVERLOOKING The judge looked
ten years older than before the trial.
He began to speak In a feeble voice.
but gained strength as he proceeded
The lawyers and spectators listened
patiently though eagerly till the gist
Of the opinion came In the last few
words. There is nothing in the con
stitutiop to enable a dead man to
bring an action In living court"
A mighty shout of Recall him! Re
call the stupid blundererY arose. And
those adverse to the opin
lon proceeded to unseat the judge
The movement was successful. but
the poor man died on the very day he
WAS unbenched.