Evening star., 1947-11-06
Bunch Inquest
Legality Put Up
ToCityCounseI
Vests Opinion Asked;
Further Action to
Hinge on Decision &,

VI LIlcT OlllCldl dCblOl III tllo
death of John Forrest Bunch
hinged today on an opinion OF
Corporation Counsel Vernon E.
West as to whether inquest pro-
ceedings in the case of the 64-
year-old carpenter were legal.
Deputy Coroner Christopher J.
Murphy said transcript of yester-
days brief reopening of the Bunch
inquest had been sent to Mr.. West
with request for his views as to
whether it and the original hear
ing were conducted in proper order.
The initial inquest, August 13, held
Mr.. Bunch's death in Gallinger Hos
pital August was accidental,
caused by cerebral hemorrhages in
duced by shock in a fall before he
was arrested by police. Mr.. Bunch
was taken to the hospital from the
ninth police precinct station, where
he was being held on a drunkenness
charge.
Relatives Opposed Verdict.
Yesterdays reopening of the in
quest, ordered by DR.. Murphy on
request of United States Attorney
George Morris Fay. was the climax
of an effort by the Bunch family
to have the original coroner's jury
verdict set aside. The relatives had
insisted they believed police mis-
treatment or negligence might have
contributed to Mr.. Bunch's death.
1t was John r. Fitzpatrick, at
torney for the family, however. who
brought about an abrupt end to the
hearing yesterday before any of the
witnesses could be called He OBJ
jected on grounds that the coroners
jury had not been sworn properly
over the body of Mr.. Bunch, that
one of the jurors was over age and
that the jury was discharged on
handing down its verdict and could
not be recalled.
Although the legality of the in
quest was defended strongly by AS
sistant United States Attorney John
w. Fihelly and Assistant Corpora
tion Counsel Milton D. Norman, DR..
Murphy adjourned the inquest, say
ing he would not proceed until a
ruling had been made in the Fed
eral courts"
Seeks Vests Opinion.
Although saying at first that fur
ther action was up to the attorneys
concerned. DR.. Murphy later said the
opinion from Mr.. West would be
sought.
Mr.. Fitzpatrick said he had no i'm
mediate plans for further steps, hav-
ing stated his objections and made
his motion.
| Mr.. Fihelly and Mr.. Norman in
dicated they thought it still was
the cororer's move. Mr.. Norman
said he could not say Immediately, If
there were any practical method Of
getting a court determination of the
objections raised by Mr.. Fitzpatrick.
DR.. Murphy said the jury was
sworn in properly August 4, and the
reference to the August 13 swearing
was a clerical error in the official
record
Age Requirement Denied.
DR.. Murphy said there was no age
requirement for members of coro-
ner's juries. Mr.. Fitzpatrick had
argued they were bound by the
qualifications prescribed for court
jurors.
AS to reopening an inquest before
the original jury DR.. Murphy said
his information was not conclusive,
so he wanted Mr. Vests opinion.
Meanwhile, as the inquest phase
OF the case was in allegiance, these
other phases also remained inde-
cisive:
/. The study of the case by Mr.. Fay,
the report on which has not been
made public. CMr. Fay stated, in a
letter requesting yesterdays inquest.
that he might submit all facts in his
hands to the grand jury. irrespective
of the final verdict of the coroner's
jury. if he decided this move was
justified)
2. The Justice Department inves-
tigation. sought by the Bunch FAM
lily and conducted with the assis-
tance of FBI agents, the report on
which also has not been made
public.