The New York herald., 1879-11-15
EXCLUDED FROM CALVARY.


EXCLUDED FROM CALVARY.
CONNECTION OF DENIS coPPERs REFUSED IN.
TERMENr IN HER OWN LOT BECAUSE SIN
WAS PRoTEsTANT-rHE BODY DEPOSITED
IN EvERGREENs CEMETERY AND SUIT CONE
MENcED AGAINST THE CALVARY AuTHoRIrIEs.
The decision of Judge westbrook in the case of
Denis Coppers has brought to public notice another
case in which the dead Of this family been re-
fused grave. Mrs. L. J. Chovey of No. 80 City
Hall place. whose niece is married to the brother OF
Denis Coppers died at her residence, on the morn.
ing of Friday. October 81. She owned a plot in
Calvary Cemetery. and the cemetery authori-
ties were notified to open the grave. and
81 paid and receipt given Mrs.
Chovey had been married twice and both husbsnda
were buried in tho plot in Calvary Cemetery. AS
cordingy arrangements made to place Mrs.
Chovey. by the side of her two husbands On
Sunday everything prepared for the funeral
and some members of the family and friends had !
already arrived at the house in City Hall place,
when notice received from the Superintendent
of the cemetery to the effect that Mrs. Choveys body
would not be allowed to enter the cemetery because
she was Protestant. This unexpected announce.
ment came like thunderbolt upon the family. who
were shocked at the intelligence that the dead woman
denied a burial In her own plot. Mr.. Edward
Coppers, to whom Mrs. Chovey's niece is married.
decided on plan of action. An iron caske
was ordered and the funeral party proceeded to
Evergrcens Cemetery. where the casket placed In
the receiving vault DR.. Charles Eodel, physician
living IN the same house as the deceased woman.
the in the hands of Mr. Brooke, the lawyer who
has charge OF the Denis Coppers" 1t was
the decision OF Judge westbrook rendered. The
plot OF ground was bought by Mrs. Chovey long
time ago. 1t is situated in beautiful spot
at the intersection of two avenues the Mortuary
Chapel. Mrs. Chovey found great pleasure in visit.
ing it and adding as much to its handsome appear
ance as possible. She erected . monument and
namental railing at an expense OF about $500. She
was member Of tho Dutch Reformed Church In
this city but both of her husbands Catholics.
HERALD reporter yesterday interviewed. Mr..
Edward Coppers,about the He stated that Mrs.
Chovey's relatives were mainly in Germany. He
ready. he said to that the rights Of his
wifes aunt were respected.
''How were the cemetery authorities inform ed that
Mrs. Chovey was a Protestant?' m --Il5
'I suppose that some oticious person told them.
But it is likely that the cemetery authorities
set against us because of the fight we have made
to bury my brother, Denis. If she had not been
connected with the Coppers family have doubt
there would not have been the slightest objection
her burial. II the cemetery people attempt to deny
her rights we are prepared to fight the matter OUT.
POSSIBILITY OF CONFLICT BETWEEN CHURCH
AND STATE ARISING OUT OF THE CopPERs
CAsE-AN APPEAL NOT DETERMINED UPON
BY THE CHURCH AUTHORITIES
Hardly any piece Of news lately published has at
tracted as much attention provoked much
comment the decision OF Judge westbrook in the
'Denis Coppers case" published in the HERALD yes.
terday That the authorities in control of Calvary
Cemetery act in direct obedience to aud under the
regulations Of the Roman Catholic Church is well
understood. and it sufficiently interesting to
learn that decision adverse to that Church had
been rendered by judge Of the Supreme
Court But an unusual interest attached to the
decision in question from the fact that II It IL
reversed by higher court it seems inevitable that
direct conflict will between the Church
and the State. Tho Church having in such the
alternatives Of acquiescence, unwilling submission
and resistance it became at once matter OF impor.
tance to learn what probable action it would take.
It is stated a matter OF fact that direct issue
has ever been defined between the Roman Catholic
Church and the government in this country and
that it is likely to lead to an important decision by
the ecclesiastical authorities Of the policy Of the
Church.
The counsel for the plaintiff in the case. Mr. Charles
given by Judge westbrook. with the necessary legal
formalities, which, 1t IL expected, will result III
settlement of the order to be given by the Court
within four days. This preliminary formaliy must
take before the defendants enter appeal
from the decision in case they decide to appeal MT.
ties is absent from the city and Is not expected
to return for % DAY or Two two: In his absence
sell to learn what further steps, II any. his clients
intended take. Mr. Barry had not seen the de-
to him i'm the mornings HERALD He looked at it
narrowly and finally said that he had thought Of
such decision. Neither he nor his clients had sup
posed that tho decision would be against them. Not
having seen them since the decision was rendered
he unable to say what they would determine to
"If it is thought advisable to fight tho case fur.
ther" said he, can appeal may be made to the Con-
T Nfth ha In ana md nff R6 tn
the Court of Appeals the General Term should
affirm the judgment Of Judge westbrook."
NOT PREPARED TO SPEAK.
Vicar General Quinn met at his door no was
going out and was asked il he had anything to say
in regard to tho decision and replied curty. "I
don't know that there is anything to say about 1t.
You have seen it, Isuppose."
steps are to be taken in the matter by the Church
authorities. or whether the decision viii be acqui-
That's very modest question:" said tho Vicar
General, as he strode rapidly down the street. He
smiled he spoke, and seemed to intend his reply
"YesY said the reporter failing to take the point.
II have nothing to say about it," said the vicsi
Perhaps If word it differently -" began tho
reporter, "Will the -
.It makes no difference how you word IT" was the
reply. and the clergyman walkcd rapidly on.
''Will the Church submit to the rulings Of the
temporal laws' persisted the reporter. 'ff this
Il have nothing to say that point" said the
If there is no point on which you care to speak
will certainly not continue the questioning" said
the reporter.
Father Quinn smiled and said. 81 am not in posi-
ton to say anything about the matter at present..
Mr. Brennan found In the Office OF tho cemo
terry In Mulberry street. but unable to give any
Information about tho probable result Of the do.
cision. He said that the cemetery authorities
had not been officially notified OF the decision, and
he did not know what further steps they would
take, IL any. He understood that there would b
twenty days time In which to decide whether au
appeal to a higher court would be advisable. He
seemed to think that the lawyers would advise An
appeal. saying that it for their interest to pro.
long tho contest, and he presumed the Church
would carry the matter through the courts AZ fsr ~
possible. At present tho matter IN the same
position 1t had been, and it would be for tho Car
dina and Father Quinn to say II any further steps
were to be taken. Whatever thcy decided on would
be done and whatever instructions they gave would
be carried out to the letter.