The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-09-25

-, $500, a.an Regased Barlas.

Hohoken, Gie0a on sAaehs 1900, Cafho.
Iaelnp s.,S + Ms wilI directed thaS his booy
M ss,,,,a ia buried M Calvary cemetery, u.
s s'f - wh,ch he owue d a LOT, where bis WIG
~ Ia - ch,,arcn were buried. BE was, DOW
~ as,or 3 Freamasoa, and the foneral cere'nv.
49, s.sss,,rere IN eharge OF Masons, ana tcvA
L., IT, m a pretestant Episcopal chutS,..
49, Essr thase rensous yicar-G enerat. QUINN o
.ssred that the BODY be not received a. n liz
srsr,, cemetery. Permission was Eua az
ss that the body should be placed 90 .u1
ssse e,,; s ra,,lt until it could be remover;
n.y. nrse' s.;a,as az the deceased man ootainee
s ans ,,,a Srprame Conrt an injunction re-
s.o,h . she cemetery authorities from re-
on ..a,;,a The body FROM the vault; WRIT ..
u.s. rn,sss was also applied for TO conI,e'
shs defendants to Jury the pooy III LUG
CoppeFs Got. tna matter
,,,rx. M, for argument yesterday bsfore
Yu,,ge Westbrook. In Supreme Court'Cnain-
Sers G.. W. Brooke appeared sor tns p VA.
.;tss Edward. George. and Frederick COP,
sars , hrothers Of the deceased man, anu
yyobn u. Deyelin for the deaendans' .ue
srT.stpes OF St. Patfick's Cathedral ma .n.s
civ. who control the cemeeeTE 49,
assesnblaee gradually gathered an CSx ~ a.
as the argument progressed. Vneoa 'ne ~, ~
terestiug incidents was an snterrup'ion ~
Nudge Westbreok when Dir. SrooSe was ~
fbe midst of his argument. aIs jung
sfonned him and said, as IL haa ause "
e,nTed to him, that more than twenty yeatS
.apo ne had been initiated INTO Masou no
lodge, and ne didn't know tDat upa .sa NC Nc
S;rc,,nstances he ought TO listen to the mo-
s;an.' he added. however. that he had MOI
hs:e,, inside lodge-room for nearly. twenty
Seara THE counsel upon both s1des saiu
Shev Aid NOT think that circumstance ought
~ make any difference, and The nearing
went on ....,,o, which
<h- orIer 70 show cause was o6taIned. ne
substance of these was printed IN tue aI.-
6s,ne severaI weeks ago. The FIRST afndaVit
read on the other side was that OF Hugh
Moore. superintendento OF Calvary cemetery.
He declared that the cemetery was set apart
for the burial OF Catholics, ana II was Openly
known that non Catholics, Masons, or mem
hers OF other secret societies were eXcluaee
from, huriaI in it. The burial-landS were
disnosetl OF to Catholics exclusively. Inc
deed of sale Of the Coppers lot was subject
to the rules of the Catholic Church. Inc
defendants did not know that Denis COP,
pers was q non-Catholic or Mason untu
the publication of the notice OF the 1uneial
services.
One Of the most interesting OF the aihda-
yjts was that of Vicar. General Quinn. After
evnlaininp the Jurisdiction Of his office
over such cases, he set forth "tbat by the
laws OF the Roman Catholic Church and
the ruIe and practice OF the Archdiocese OF
Now York in reference to Calvary ceme-
fery. adopted and in force for many years
prior TO 1878, and still in full force ana
ripor. non-Catholics and also exeommunl-
Gated persons, including ali those who be-
long to the order Of Freemasons aud other
similar secret societies, were excluded from
burial in Catholic cemeteries; that men,
bers of the secret society OF Masons were,
by the law Of said Church, ipSo tdcto ex-
communicated; that by the Apostolic Con-
stitution in eminent, dated April Is, 1888.
the Roman Pontiff Clement XII. dec1eed
that members OF the order OF Freemasons
incurred ipso facto communication; that
by speciaI constitution OF the Roman
Pontiffs Benedict XIV, Plus VII, Leo
XII, Plus VIII, and Plus TX, the above
mentioned decree Of Clement XII. had
been renewed, confirmed, and extended,
and the acts and DEGREES OF the Second Pie-
nary Council Of Baltimore held by the
Catholic archbisbops and bishops IN the
United States, referring to said constltu-
tions, received the same with due reVe-
renee; that said law and discipline OF said
Church were and bad been specially pro-
claimed and publicly known for many years
Drior to 1873: that the action OF the officers
in charge Of Calvary cemetery in refusing
the burial therein OF the remains OF Denis
Corners was in accordance with the laws.
usages, and discipline OF said Church, and
the same was sustained by the proper eccle-
siastical authorities of the Archdiocese OF
New York; that when deponent was called
upon bv the friends OF said deceased, depo-
nent informed them that by the law OF the
Church burial in Cavalry cemetery was not
allowed to Free Masons; that verbal per-
mission to allow the body to remain in the
receiving vault was given only as matter
of courtesy"
Several other corroborating afidavits
were presented. Mr.. Brooke argued that
Mr.. Coppers had purchased the fee-simp!e
of the cemetery lot; that no condition as to
membership in q secret society or as to nom
communion with the Catholic Church was
contained in the deed Of sale. Therefore
the cemetery authorities had no right to re-
strain his next OF kin, who had the control
of his burial, from depositing the body in
the lot be had purchased, and in which he
had wished to be buried. Such restric.
ton upon the right Of burial was antago-
nistic to the laws and institutions OF this
country; and even IL such conditions had
been contained in the deed they could not
be sustained, as they were against pubic
policy. But even the Roman Catholic
Church, it was urged, had not taken
such strong grounds against the burial OF
Masons and non-Catholics in consecrated
ground as to support the position OF tue de
PENDANTS. The order Of FreemasonrY had
been approved under Catholic kings ana
emperors. The highest officers OF the order
in France had been men OF the highest rank
of nobility, who were strong Catholics, ana
who had never been rebuked by the Church;
High Catholic authorities, too, had eonceae9
the necessity that non-Cathollcs 'shouia
sometimes be buried in consecrated GROUND.
In the record Of the action OF tue flehals
Council at Baltimore would be iound sec
lions supporting the position OF the pam,
tiffs Freemasons were not enumerated
omonp those excluded from burial, and 1t
was Especially provided that under some
the burial Of non-Catholics
amonp the Catholic members Of their fanli-
lies should be tolerated.
The argument was not concluded, and
MFR. Develin will be heard on the other side
next Monday.-Ne,o Yorc Tribune, 23d.
"Bless me, Emily, you don't look as we'll
as usua!-indeed, do not think ever saw
you looking as old US you look to-day"
60 NV dear I never wns nc old &c 7 nm TO-