The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-05-03

~
| S&7SyE-rA hearts. as it did to Captain
~ Niedenhofen of Butte. the
N.Y. district court clerk of Silver
,pbeS Bow county, who in a frenzy
~ OF discomfort a few months
ago flung himself from the roof Of the
Wey hotel in this city, seeking for that
rest beyond the grave. But the say
ing doesn't seem to apply in his case.
Captain Niedenhofen was a Mason
and it was his desire that he should
be buried in his mothers lot in Mt.
Moriah cemetery at Butte, beside the
body of his father, which was done.
This is now followed by an interesting
story-interesting at least, to the cap
tain's many Salt Lake friends and ac-
quaintances.
About three weeks ago Mrs. May
Niedenhofen. the widow of Captain
Niedenhofen, concluded she would like
to move the body to a lot of her own.
It is said by some that she contem-
plated change of residence to SDo-
kane and wanted TO have her hus
bands body buried there; by others it
is said she simply wanted to change
the burial place to a lot of her own in
Butte. The mother of the captain, Mrs.
Catherine Niedenhofen. and the Ma
sonic fraternity as well objected to
any removal. The widow persisted and
last week the mother secured a tempo
rary restraining order from Judge
Clancy to prevent the remains being
disturbed. The title of the case is
Catherine Neidenhofen against May
Niedenhofen. The defendant is to show
cause on May why the temporary
injunction should not be made perma-
nent.
The mother alleges in her complaint
that she is now and has been for a long
time the owner of burial lot or plat
of ground used for burial purposes IN
Mount Moriah cemetery, near Butte,
and that her husband the late William
Nledenhofen, the father of FL. A. Me
denhofen, is buried there, and that the
/ lot was purchased by her for the pur-
pose of the interment of the bodies or
the family, and it is further her de-
sire that on her death she be buried
there. Further she alleges that H. A.
Niedenhofen was a member OF Butte
lodge %, Ancient Free and Accepted
Masons, and that Mount Moriah is IN
tended by the Masonic order Tor the
purpose of interring the remains OF
members living in Butte. The late ii.
A. Niedenhofen, she alleges, frequently
during his lifetime expressed the ear
nest wish and desire that his remains
after death should be buried in Mount
Moriah cemetery, and in the plalntln
lot His body was in accordance with
this request and with the full knoWl-
edge, consent and expressed WISH Oh
Nav Niedenhofen and of the mother,
buried in the latter'S lot. Notwith-
standing the expressed wish of the de-
ceased. it is alleged that May Nleden-
hofen now wrongfully threatens TO
cause the body TO be removed from the
present place, and that unless enJolned
and restrained she will do so and take
the body from the state ana bulV IL
among strangers. Plaintiff alleges that
if defendant is permitted to carry out
her threats it will be to the great detri-
ment. injury and damage to the feel
ings and happiness of the mother and
that such injury will be irreparable.
1t is asked that May Niedenhofen be
enjcined and restrained from removing
the body of H. A. Niedenhoten from
the Mace where it is now buried, and
that upon the final hearing of the case
the Injunction be made perpetual; and
that in the meantime a temporary IN
junction be issued to prevent the re-
moval until the hearing of the case
. @ %
Judge Clancy has signea an o eeor
setting forth that May Niedenhoren
threatens to remove and renter the
body of H. A Niedenhofen and VIII 90
so unless restrained, and that 1t ap-
pears that the body is buried where 1t
is hv the consent and wish of the de-
PENDANT: and directing the defenoant
to show cause at 8 a. m. on May
whv the Injunction should not be made
nermanent The plaintiff gave bond
in the sum Of $500 to indemnify fhe
widow from any loss she might sustain
P A. Largey and James A Canty are
on the bond.
Afterwards May Niedenhofen, as adj
pinistratrlx of her husband estate.
went before Judge Lindsay with
complaint in the shape OF a petition;
Tn II she alleges, on information ana
belief, that prior to ms aeatn Her nus
band executed an instrument IN WIZ
ing which she says is now in the pos
session of Catherine Niedenhofen ana
Ed Potting The instrument, she says,
constituted a photographic will. She de-
clares she has demanded 1t but mat
Catherine Niedenhofen and Ed Potting
refuse to give it up to her or to the
court. On information and belief she
further alleges that the instrument
contains directions relative to Nleden-
hofen's estate, naming requests. re
t;tioner alleges that she is entitled TO
one-half the estate after paving It's
debts. She asked an order OF court re,
curing Catherine Niedenhofen and
Plotting to produce the paper ana lufh
The letter is one that Ca3tain Me
denhofen wrote from Chicago 20 I'd
Plotting. Captain Niedenhofen was then
on his way back from the east, where
he and his bride had gone on their
wedding trip. He was taken sick in
Chicago. and it is said the mental
trouble which led to his SUBSEQUENT
suicide had already begun at the time
Ii was the disagreement between the
mother and the widow of the late court
clerk which led to the proceedings that
will probably result in bringing the let
fer before the public. 1t is said to make
some disposition of the jewelry and
other personal effects of the dead man,
and il is claimed the letter contains
some criticisms of the young widow.
The latter. beiieveing her husband in
sane az the time he wrote the letter.
is willing to have it produced, regard
less of what it contains.
At Walkers.
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