The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-19
WHICH SHALL PAY THE BILL.
The Wife's Remains Laid in the
Wrong Grave
WHILE THE HUSBAND WAS SICK.
Flowers Laid on the Grave by the
Husband Were Always
Thrown Away.

A rather remarkable contest between
the husband and the brothers of Mrs. DR..
]. NJ. Sims. recently deceased. as to who
was responsible for her funeral expenses
took place before Justice of the Peace
Cook yesterday.
1t was family quarrel of long standing
that brought about the suit In the first
place. and it developed such bitterness
during the hearing that the brothers as
saulted Sims in the hallway Immediately
upon his leaving the courtroom. The as
sault created lively scene. Two or three
police whistles were sounded. but without
bringing policeman On the scene, al
though the Office of the chief is in the
same corridor. A great crowd gathered.
and the brothers, who are j. j. and w. L.
Callundan, detectives attached TO Morse's
Detective Agency, got away without being
arrested
DR.. Sims was escorted back into the
courtroom by his attorney, Bert K. Miller.
who called the attention Of Justice Cook
to the assault, and asked him 10 take off
cial notice of it.
cit is outside of my courtroom, sir, "
said Justice Cook, land therefore | don t
see What / am to do in the matter. l am
not running police court. II 1t had taken
place In my presence l would certainly
take very prompt action"
The suit was brought in behalf of Porter
q Co., undertakes, against Or. j. 81.
Sims. The facts as developed by the wit
nesses are these;
Mrs. Sims died at her residence. l19
Valencia street. on the 11th of November.
DR.. Sims, who is man of slight figure and
not physically strong, took to his bed,
overcome by his loss and the previous
OF n mn -
speaking terms for long time with his
wife's brothers, but his physicians, Drs.
Mccarthy and Howe, prevailed upon him
TO allow them to attend TO the arrange
ments for the funeral.
They engaged Porter & Co., but told
them the Dill was to be made on; TO Dr.
Sims. The wife's remains were laid in
Caliundan's lot in the cemetery.
When the husband got we'll he was very
indignant about this, as he desired that
the body be buried beside the remains Of
his mother, in her lot. He subsequently,
indeed, had the remains exhnmsd and
transferred to his own family lot.
1t was not brought out in the testimony,
but Sims explains as a further reason for
his doing this that he was constantly an
noyed by the Callundans in his atten lions
to the grave while it was in their lot: that
when be placed flowers upon it he would
find, when he visited it again, that they
haQ been removed and flowers brought by
other hands were in their place. This, he
says. be could not stand, and so ordered
that the grave be changed.
The case was originally heard before
Justice Nlllett as against Sims, but was
not sustained, as there was no evidence
that he had authorized tue bill, and before
Justice Cook yesterday the case was dis
missed as to him and pushed against the
brothers Callundan. They declared that
DR.. Sims gave them authority to arrange
for the funeral. as he was unable 10 attend
TO it. Sims had paid S25 on the bill for the
transfer of the body 10 the new grave, and
said he was willing to pay the full bill, but
was unable 10 do so at present Il twas be-
cause they had been made the defendants
in the suit and Sims had escaped that the
brothers attacked Sims when they left the
courtroom.
The case was taken under adyisement.