National Republican., 1877-10-26
District Courts.

District Courts.
GLENWOOD CEMETERY-A LEGAL FIGHT FOR
POSSESSION OF THE GROUNDS.
The Glcnwood Cemetery Company have
filed bill IN equity against J. b. Close and =. N
Close, residents Of the State OF New Jersey VIM. L.
Humphreys and Il, $. Evans, OF New York and
Geo. Cew, demised, this city. The complainants
represent that prior to July, 1884, the defendants
resided In the vicinity Of New York city. and by
combination aud speculation for their own private
gain and profit cstahl shed a public institu-
ton for the burial of the dead Of the people Of the
city Of Washington near said city. For that pur.
pose they purchased a tract Of land situated about
one and half miles north of the Capitol and con.
tanning about seventy five and Onc-fuurth acres Of
what was known n Puwclls dividend, and another
part of ten acres adjacent 10 the former tract, and
which was known Us the grounds Of Genwood
Cemetery, were particularly described in the deed
phreys and dated April ., 1872.
In order TO carry out the undertaking the de-
PENDANTS procured the passage Of an act OF lncor'
that the affairs of the company shall he managed
by a president and three managers, and the capital
stock consist Of 5000 shares II $50 each 1t was
further provided that a certificate under the seal
Of the corporation OF the ownership Of any lot In
the cemetery should have In all respects the same
said lot would have II executed, &C. as convey
ances Of real estate are required to be. The first
named eight corporatqrs while used to obtain the
In the organization of the company and none tn IN
have ever been allowed to take any interest part In
the management but the four corporators, Messrs.
Ciose, Humphreys, Phelps and Evans, organized as
the proprictOrs under the act accepted the charter
and elected Themselves officers and managers. This
board appointed George Clendcnin supern tendent,
and he proceeded to manage the affairs Of lne Gem
| etcry corporation for the speculative and private
gain of the parties named, who failed To give the
cemetery any personal attention whatever.
Alter the Organization Ofthe corporation August
1854, the tract Of land was dedicated for the pur
poses, and 30 publicly announced and consecrated
| by religious ceremonies. Amer this was done the
defendant Humphreys, who had temporarily held
same to J. b Close who had been elected president
OF the company and he became actual owner. He
held the title for the company until March
10, 1877, when he attempted surrepttiously to
convey the some to his son. The defendants
| have received money from over 100 persons
The nineIy acres were repGlied to the
| tax ASSESSORS the District as dedicated To the
purposes of a cemetery and thereby held con
| ers induced by the professions OF the company
| have buried many Of their relatives and friends
there and expended money in beRutifying the
grounds. Petty peculatons and extortions upon
the lOthOldcrs were practced, Improvement of the
lots interfered with by the unwUrrnnted demands
sG%s% wSn i%! not SS"n paid A% sns oa4s n's
| of them. On account of this course
many Of the lot.holders abandoned their lots aud
| removed the remains Of their friends u other
etcries The l0t.holders appeal to Congress, and
On the lOlh Of March following, for the considcrG
ton Of 81 j. Is. Close Intending to cheat the
| terry corporation and the lotownersl conveyed the
grounds To his son, Frederick n Close. In the
| month OF March, 1877, the lntprupr.etors held a
meeting and elected board OF trustees who subse-
and requested them TO elect two trustees to
reerrescnt them in the board: In reply,
Of the corporation, and claimed the grounds and
lands " private property. The trustees demanded
tSndsnt but he W rSscd ] 10 srrener % ore or to % edmPIy
| Herewith. Al the annual meeting In June 1877,
trustees were duly elected by the lot holders and II
which was again refused. The plaintiff AYERS that
| il the claim Of the defendants Is true then they
have been guilty OF q stupendous fraud and con-
spiracy TO commit fraud, whereby they have de.
ceved and imposed upon whole community OBJ
tained large amounts of money from lot.prjprie-
tors upon false prctcnccs for which they are Liable
| to be punished under the criminal law
| The E!antins pray that the conveyance Of prem
ises to Frederick n close be set aside and b. Close
be compelled to execute legal title to the Glen
wood Cemetery Company That the defendants be
| compelled Ia account for all moneys received for
the sale Of lots and from other sources since the
organization Of the company. and that each be re.
| struined by Injunction from obstructing or inter.
ferng with the law iu possession Of such premises
by the legally constituted board OF trustees They
further pray for the appointment of a receiver and
for such other relief n equity may require. Messrs.
A. q. Riddle, f. J. Miller, and 7. W. BARLEY have
been retained us attorneys for the plaintils
CIRCUIT CoURT-CHIEF JUSTICE CARTIER
Johnston vs. flanagan; death of defendant
| suggested aud suit Rbated. Cresswell ct al. vs..
SmUnski aud CTcswcll ct al. vs.. SmUlnski 1t al D.;
| referred TO Job Barnard referee Crrswell
| ct al. vs. khrurHc; Teicrrcd 10 Il. Cnrusi as
referee. Columbus Alexander vs. W. II. Williamson
slsn. Mailer y NagerS VS.. NJ Thompson judgment
beoT RNrGcd for s'h. Geo. K. Adams vs. Geo. +.
liiCr; u suit for possession of house No. Ol4 Il
street s. W; verdict for plaintiff. W. W. Burdctte
| vs. Geo. W. CtCrmch.c; case still in.
CRIMINAL COURT-JusTICE MACARTHUR.
This court was occupied In hearing appeals from
| the Police Court.
| Equity COuRT-JUsTICE oLIE.
| Means vs. Hoover, pro ConfcssO Cottrcll vs. Bur
CESS, pro cunvssO ~ against Warner Slater, White
| head, Talnadgc, Windsor, aud Ford and against
Doe and smith; Nadine vs.. Clark pro COufessO re-
| sCindcd; code vs.. Reed and Harris, motion 10 set
aside decree Overrulcl; PiCkrel riCkTCll ruti-
| iCUliOn OF Commissioners report Professionally
| Buuldin vs. Buudln. reference for taking tchtimO-
| ny lugr W., Butler, reference for taking te,tmO-
| ny; Adams rs RoIhwcll ct nl, retaining order
vacated, sale now I" be made; Patterson " reuch,
| oldGr iur payment OF money. Adjourned I'LL ten
a. III. to-day.
SUITS ENTERED.
| EgHhy AdC.-John r. FGTnSwurth Va. O. l.. Lowell
ct a.; to restrain sale The GlrnwoOd Cemetery VS..
j. H. Close ct al: To set aside conveyance, &c. jas
| Jones vs., C. H. MUultOn; appointment OF trustees.
| Idir Shis.--Willium Dixon vs.. LOring Chapel ;
| appeal Ellen Gettier vs.. j. l. WimSltt: IN rcpCv-
| IN, Grnnguard & SchedGr VS. w. f. George on
| IL Idn,iralitI-E II. Terrill, master Of schooner
| Nellie II, Bcndich, vs. g. T. Dunlap 4 Co; in q
| cause of contract.
| Court Calendars for To-Day.