The Birmingham age-herald., 1913-07-29
RELATIVES ASK AN
IMMEDIATE PROBE
Condemn Delay in Kenny
and Gustin Inquest
CORONER UNCERTAIN
Doesn't Know When 1t Will Be Held.
Says He Will Allow No Attorneys
to Represent Dead Mems
Families at the Hearing

1OA0hVt - L. SPAN lhHAlOhbtth he'"S
night that he would allow no attorneys
to represent the Gustln family or the
Kenny family at the inquest over Chris
topher c. Gustin and Donald A. Kenny
who met death last Thursday night while
being initiated into the local lodge of the
Loyal Order of Moose at Moose hall,
1S07la Fourth avenue, north. The coroner
was uncertain as to when the inquest
would be held and stated that quite pos
sibly representatives of the newspapers
would not be admitted
"As Judge W. S. Russell failed to show
up yesterday" said Coroner Spain, "and
take up the duties of deputy coroner
was forced to attend to the numerous cor
oner's calls myself. There were three
deaths yesterday, which had to be in
vestigated, and there was no time left
for me to attend to the preparations for
the inquest into the deaths of Kenny and
Gustin. AS | do not know when l will
get deputy coroner and homicides and
deathes happen with regularity over the
county. | cannot predict when this in
quest will take place.
Lawyers Barred
"As to the announcement of the Gustin
family that they have engaged William
c. Fits of Harsh, Beddow & Fits, to
represent them at the inquest, l will say
that no attorneys for either the Gustin
or the Kenny family will be allowed to
participate in the inquest. The Moost or
der will also be denied the right to be
represented by a lawyer, / will conduct
the inquest myself just as soon as my
duties will allow it.
This inquest will be conducted be-
fore a coroner's jury of six, and it is
quite possible that Solicitor Hefln will
aid me in the examinations of the wit
nesses l cannot say at this time whether
the inquest viii be open to the public,
and I will decide at the time the in
quest opens whether l will allow the
newspapers to be represented"
The announcement of Coroner Spain
last night was particularly disappointing
TO the Gustin and Kenny families, who
have for the past few days been actively
cooperating with the coroner, and urging
him to hold an investigation into the
deaths of their relatives as quickly as
possible. Thomas p. Kenny. father of
Donald A. Kenny. was emphatic last
night in demanding that the inquest be
held at once.
Coroner Spain told me Saturday." said
Mr.. Kenny, that he would empanel his
jury Monday and l cannot understand
why he has not done so. The public as
well as the families concerned are anx-
iously awaiting the findings of a cor
oners investigation and unnecessary de-
lay does not look we'll to me. If the
coroner is too busy the board of revenue
should supply him with an assistant that
he would be able to attend to his duties.
Demands Immediate Action
Il have not announced whether a law
yer will represent us at the inquest and
will await a little while yet before max
ing arrangements. However, 1 will say
that unless an inquest is held very soon
will take steps to inquire why one is
not undertaken. l demand that Coroner
Spain as county officer look into this
matter at once"
Carl c. Gustin, a brother of Christopher
Gustin, who is representing the Gustin
family, stated that he could not see how
the coroner could prevent the Gustin fam
lily from being represented by counsel.
He also expressed keen disappointment at
the delay
I'VE want this investigation right
away" said Mr.. Gustin. ut is our right
and we demand of Coroner Spain that
this inquest proceed at once. We have
engaged Mr.. William c. Fits of Harsh
Beddow & Fits, to represent us, and
think he will find way to do so.
Unnecessary delay is suspicious. This
matter should be settled now"
No subpoenas have been issued for any
witnesses at the inquest of Kenny and
Gustin as yet by Coroner c. l.. Spain.
This morning at o'clock he will hold an
inquest into the death of Ollie Desplain
an electrician who was killed yesterday
morning.