The New York herald., 1879-09-23
Argument in the Calvary Cemetery
Suit Begun Yesterday.
CANON LAW EXPOUNDED.
The Trustees Resolutely Opposed to Non
Catholic lnterments.
JUDGE MYSTERIOUS sCRUPLES.

A large crowd again assembled in Supreme Court
Chambers yesterday, i'll anticipation OF the arSn-
ment in the Denis Coppers case. but Tor long
time it looked if the multitude was to be again
doomed to disappointment Mr.. Chares W. DrooAe'
ON the part of the REALTORS and Mr.. John f. Develin.
behalf of the respondents. were early IN court
but Judge Westbrook's coming delayed. and it
was nearly twelve O'Clock when he stepped out OF
the Judges private room and made his way to the
bench simultaneously with his appearance there
was rush from the corridors into the court room,
and almost instantly every foot of available space
was occupied There was not even standing room.
1t seemed to be the impression that ut last there
be delay in the argument of case III which
great public interest centres. An unusual amount
of ex parte judicial business heard before Judge
Westbrook began calling the calendar, and even then
o number of remained to be disposed Of before
the disposition of the Coppers body At length the
Court called "Coppers against the trustees of Cal
vary Cemetery, and Immediately the buzzing school
which had existed previously became
transformed into one of the utmost quiet and de-
corum. Still the not to go on at once. A
good many lawyers still had motions which they de-
sired to be heard. and they .'bulged in" the
Coppers case even at that supreme moment. Then,
too, Counsellor Humme had client in Jail whom he
anxious to liberate. and the Court than
half inclined to hear him. Mr.. Brooke protested, but
Hummel first pleaded and then joked You want
to get your client into tomb, he said to Brooke,
"while mine is in the Tombs Ludlow Street Jail,
which is much the same Finally it decided that
Hummers sho uld have precedence and that the
Coppers should come Immediately after
But the bulging motions continued aud
even Hummel and Dittenhoefer not heard
until the court again convened. At last. however,
the case was actually reached. although there
with it. and then Mr.. Brooke began the battle by
reading the papers in the
FUNERAL DENIS coPPERs
The papers were somewhat voluminous and CON-
prised the original order to show cause and numer
Gus afidavits. Mr.. Edward Coppers brother Of
Denis, swears that he often heard his brother
press his strong desire to have his remains in the
same burial plot with his family that he has read
his will. which distinctly and directly commands
that the remains of Denis Coppers should be inter-
red in his lot at Calvary Cemetery.
Mr.. Morgan Jones, a brother-in-law Of Denis
Coppers. swears that on the Monday following the
funeral Edward Coppers, brother OF the deceased
and the deponent called upon Vicar General Quinn
who consented to allow the body to remain in the
receiving vault for the space Of ten days next ensu-
ing; but. as he further alleges, this order of the
Vicar General subsequently, brought to the no.
tce of Mr.. Hugh Moore. the superintendent of the
grounds, by whom it was countermanded.
The last Of the afhdavits read by Mr.. Brooke were
by Bethel A. Crane and his son William b. Crane
the undertakers, which recited the story of the
body.
Mr. Deven followed with affidavits in support of
the case of the respondent. Among these the most
important was that of Vicar General Quinn, which
was as follows:-
GENERAL oUINNs AFFIDAVIT.
William Quinn OF said ety and county OF New York.
Catholic Church and Vicar General Of the archdiocese Of
Church relative to epnitare that by ,he laws o of he
Roman cnaSs Church end the rule and practice
ce%etefy adopted and in force for many years PRIOR
belong and similar a4sss
serss that members of the secret society Mason
by the apostolic e,nine~ dated April S
s the s Roman ss PSGa Se%sn. MI that
Leo XII Plus VIII and Plus ssdS TX the above above Mentioned mas
cd I se @ am n" Sssn N @
COUNCIL Of Baltimore ore held BY the Catholic Archbshops
laws and Of said Church are nd have beea
cialy proclaimed and publicly known for many Years
prior TO 1873 that the action of the officers
theren the remains Of Dents coppers, was "''n in
d caseh "n na 'ss the usage discipline
proper ecele.asleai authorities of the srehdiocese @
the Of said he was depanen sss@
Calvary Cemetery was not allowed TO Free Nasons that
Verbal permission allow the body the re.
ssvins vault temporarily was given SpIy as matte, of
sworn before me this 5th day of September
brennan. Notary Public
sUPERIsTESDEsT MooRE's AFFIDAVIT
An a S Of Moore Of the Board
York and one Of the Committee Cemeteries OF said
teres OF said church. presented setting or, that by
an act to Incorporate the members of the religious
ssOngrsss,iOn s q s. rs,rIsss Cathedral passed
into body polite and corporate by the name OF The
yns'ses $40 q 81 rs,risss Cathedral p che city Of Naw
titled TO hold certain LANDS in Queens county
tss and possession OF the isad and nsi pSei.". ~.
saSraens son",s ns, ,o0 acres and upward in Queens
referred = 70 in tho Aldav,, aud proceedings
membsrs aud corpor.ors Of said rcrious society being
y d fes esmsss arc a. and ds says csss'.
Under the recognition OF and In subservicnce to
Catholic hufs rn,; oSgay oroS1.sd 'Si .nS @N@sa a.
Eenan Catholic thareL ree"snsed an sa"p,ss sr ., Ss ,s
rule and practice OF the archdocese OF YORK In refer
prior s q % otco and G'si yror or hs%s s% so
81 and ost eerss so ss se
sslnded from bnral in Catholic cemeteries That by
o. calvary Cemetery rights Of bar@i therein are ana
disposed OF to Roman Catholics exclusively that by th.
weii understood rule right Of burial therein has been
fore mentioned law aud discipline Of the Catholic church
nos cs,hoe or 9"mS.r "f ,s acr % .a, he was
tnowm 90 be such by the official In charge said cemo
CONCEALED ifs cosSEcnos wfrH ran nAsoas
Deponsnt further that the dee not
Nne disclose or make TO the
Cathedral la the city OF New lore any Of their ON
agents, including such of them were eli argJ
vt tho Affairs ~ Calvary Cemetery that the Denis
Coppers was cnCAtholic or Mason. was any
tuch disclosure made lo them or any ot them ,,.,
tore nt the time the ordcr To- open "A grave
Tor said Denis Coppcrr WAS applied ior issued on
the 18th Of August 1872 shat te burial permit and the
~ mentioned in the affidavit herein ready be
turned the proper parties This deponen further AYERS
cp information aud bolief that during the lifetime
OF said Denis toppers the remains OF his mother
sister. Vile and two Of his children were. al
his In stance. buried In said Calvary
but they members Of the Roman Catholic Church
Said pcnis Coppcrs left surviving him two children
nru his hersinaw and members Of the Roman Catho
lic Church. Aud deponent further AYERS that the
ffieids OF Denis tnppcrs enclosed the remains
IN lcadcn COnin, without which II would have been
unsafe and improper to have allowed them to remain
IN the receiving vault at this Tor than
or fourdays Aud dcpOnent Is informed ana believes that
~ the last will and testament Of said Denis coppcrs dated
January -. lsil the following passage Aud IL
~ my wish and desire that funeral services shall be had
aud held ia Protestant Episcopal church, and that
such services aud funeral shall o under the control and
rauagment OF the Order 9t Ancient Free and Accepted