The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-12-19
OVER HOLY GROUND.
Dispute Over vacating O'Brien
Cemetery Plat.
PRIEST CHARGED WITH FRAUD


What IL said to be q bitter quarrel b.
tween Terence 0'Brien and Father
Emanuel Demanex. chaplain Of Provi-
aence hospital. over the alleged fraudulent
vacation OF the plat of the old cemetery
OF the Holy Cross near O'Brlen station.
has illuminated IN the fling by 0'Brien Of
. petition TO set aside the order OF the
county commissioners allowing the little
plot OF consecrsted ground 10 be again de-
voted to worldly usea O'Brien's parents
are buried in the old cemetery. and their
bodies were not removed With those OF
others who were buried there. 0'Brien
claims that he has placed . monument
costing large sum Of money over their
graves, and that the plat of the ground
WAS vacated By fraud. The priest has fled
reply affidavit denying sii the charges OF
fraud. but admitting the other allegations.
The little cemetery contained 275 acres.
and was the Roman Catholic cemetery OF
the city until 1890, when Calvary cemetery.
near fesier, was consccrated. In the am
davit filed with his petition. O'Brien al
ieges that Father Dsmanez plated the
land on July 30. 1sS5, according to the
usages OF his church and that il was used
as cemetery until 1890. He asserts that
many lots were sold aud 200 interments
made in the cemetery. especially by the
people OF the city OF Seattle, and the city
also became the purchaser of Fifty lots.
paying for them $1,000. O'Brien alleges
that he himself bought one Of the lots, No.
81. for $50. and in il inferred the bodies Of
his parents, who lie there still. and
that their resting place Is marked
By . monument that cost him 81, 800. He
then alleges that In July. 1890. Father
Demanez. making fraudulent representa-
tons that he had sold but one lot which
had been reconveyed to him, that the site
was wholly unsuitable for cemetery, and
that q more suitable tract had been OBJ
tanned. petitioned for the vacation of the
plat, which petition Was granted. Mr..
o'Brien then asks to have the order of
vacation set aside. for the reason that the
Catholics themselves did not petition for
the order: that he himself had no notice
of any such petition. although q party at
interest. and that Father Demanez simply
real estate values having greatly risen.
In reply to this afddavit Father Dema-
nee has filed an AFFIDAVIT alleging that he
has never sold more than one lot and that
that lot has been reconveycd to him; that
icHh ht2A <po DVAsCc huSc OCcl baIicu
there; that he received no money from the
city of Seattle in payment for lots, and
that oil lots in which city charges were
buried were furnished free of charge; that
all the bodies except those of O'Brien's
parents had been removed, those of pau
pers being transferred to the new Catholic
cemetery free OF cost. and that IL vas fully
considered before the vacation was made.
The reply affidavit further alleges that
oil Of the land was owned by Demanez
when he applied for the vacation Of the
cemetery: that the friends of all Who were
buried there were consulted, and that
notices of his intention to have the plat
vacated were posted as required by law.
1t IL then stated that Father Demanex has
conveyed portions Of the ground to various
parties, and that at the present time he
has no legal title TO the land except an
equitable right TO q small undivided inter-
est. He therefore prays that O'Bren's
petition will be denied by the board.
The hearing of the petition was set for
yesterday, and both the 0'Briens and
Father Demanez were on hand. An effort
was made to effect settlement of the mat
ter without resort to law, but neither
party would consent to any compromise
The attorney for the board could not find
the Law regarding the case. and so the
hearing was postponed until next Tuesday.