The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-09
DECISION GIVEN.
AllClinton Interested
in St. John
Affair.
JUDGE HAROY'S FULL TEXT.
He Reviews the Case Which
Favors Prayer for In
junction Made.

when the news was received from Bos-
ton that Judge John H. Hardy, earlier
in the afternoon, had issued an injunc-
ton in the suit Of St. Johns Gene
terry Association VS.. William H. Fay,
ct ais, which restraints Coughlin & Coo
ney from proceeding to carry out the
contract made with them by the old
board Of trustees Of the Cemetery Asso-
citation TO remove the bodies from the
old St. Johns cemetery to the new
ground.
The suit was brought by the so-called
new board of trustees, of which John
F. Phfbin is chairman. It was virtu
ally a contest to ascertain which is the
lawful board of trustees of the associ-
alton.
While the new board gets the injunc-
ton il prays for, the victory is claimed
by the old, because by Judge Hardys
findings, the old board remains the
board of trustees.
The correspondent of The Spy sue
ceeded in seeing a copy Of the complete
findings late this afternoon. The Spy
will be the first to print the details Of
the decision in a case which has stirred
the people Of this town for weeks, and
which is of deep interest to all the Cath
Ole people Of the state.
Judge Hardy finds that the st. John 5
cemetery has been used for burial pur
poses for about so years. That 5000
bodies are buried in it. He finds that
the title Of the cemetery land was in
the hands Of Bishop T. D. Beaver Of
Springfield; that the metropolitan wa
ter board contemplated that the lands
comprising the cemetery should be used
for the purposes designated by the act
Of 1895 that is for reservoir, and that
an agreement was made between the
bishop, the association and the water
board regarding the purchase Of the
cemetery land for a sum Of approx
mately $50 900, it being provided that
all the bodies therein should be re-
moved TO another cemetery, to be made
ready by the association.
Upon the removal of the bodies and
the payment of the purchase money the
bishop was TO transfer the land to the
metropolitan water board. The price
thus paid was to be devoted to the
preparation Of the new burial place and
10 removing the bodies, which Judge
Hardy says more fully appears in the
tripartite agreement before him.
Judge Hardy continues: L find that
the plaintiff association was duly
organized under an agreement Of asso-
citation Of IA members, dated June 7,
1898. On June "a, 1898, under and by
ters 50 and Ill, that the defendants,
Corcoran, O'ToOle, O'Brien and Fay, to-
gether with one Philbin, were duly
elected trustees Of said organization,
who, with the bishop, the Ri. Rev. T.
D. Beaver and r. J. Paterson, the pas
tor of the church at Clinton, acting eX-
officiO. constituted the board of trus-
tees; that they held that office until the
annual meeting on April 6, 1899.
That in January, 1899. Harold Par
ker ct ais. executed and delivered
deed of certain land in Lancaster to the
plaintiff association; and in March,
1899, the Lancaster Driving Park As
ISOLATION executed and delivered an
other deed of land to the plaintiff as
ISOLATION, which We're to be used in con-
nection with the new cemetery; that
under the said tripartite agreement,
certain other lands intended TO be used
in the new cemetery in Lancaster and
adjoining the lands above conveyed to
the plaintiff as aforesaid, was held I'M
der an absolute deed without any dec
laration of trust by the metropolitan
water board, under a deed from Nc
Narlara and Murphy; that there had
UCEl EApEIluEu upon THESE ld0QSt I0uS
held and conveyed in connection with
the proposed new cemetery, the sum of
about $4,000, for the purpose of prepar-
ing and improving the grounds for a
new cemetery.
'SThat such money expended was a
portion Of the money paid by the COM
monwealth under such tripartite agree
ment; that about 80 bodies have been
buried in such new ground but the said
r1llpa 10 han, Indsco TO- 80
as a cemetery in accordance with the
custom or rule of the church.
I do not find that there was an ex-
pressed trust 10 the deeds to the metro
politan water board, or these lands. to
be used in the new cemetery, or that
any trust therefor can be implied by
law in favor Of the plaintiff association
by reason Of such deed"
further find that upon the basis of
the above agreement and proposed re-
moval of bodies, the trustees afore-
said Of the plaintiff association pre-
pared the contract for the removal Of
bodies from the old to the new Gem
eteTy, which in form was satisfactory
TO the said board of trustees. That
the question Of the award of such con-
tract was considered in meetings OF
the trustees from March % to April
s, inclusive, 1899; that no final award
Of the contract was made by the board
Of trustees, as above constituted, until
the evening Of April s, 1899
That at such meeting Of the trustees,
acting upon such award, there were
four trustees present, one of whom was
the Rev. Mr.. Paterson, a trustee eN-
Oflcio; that two trustees, the Rt. Rev.
Bishop Beaver and J. W. Corcoran
were represented by proxies; that in
voting upon such award of the cor.
tract such proxies were used, and that
in the final vote upon the award, the
defendants, Coughlin & Cooney, had
five votes and Murphy had one vote
l rule, as matter of law, that sucn
action Of the trustees did not bind the
association, because Of the use of the
proxies in the voting by the trustees
upon the award.
l find also that the contract thus
| awarded by the defendant trustees to
the defendants, Coughlin & Cooney,
were signed and executed on April O.
1899 I also find that 10 of the original
associates of the association met at
regular meeting Of the association or
April 3. 1899; that no notices as re-
quired by the bylaws, We're issued. O-
served upon the members of the asso-
citation: that such meeting was adj
journed to the evening of April S. 1899.
That at such meeting only five mem
bers Of the original associates were
present to take part in the proceedings,
that at that time no burial lots in the
Of Ia ha