The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-05-30
TOLD THEIR STORY.
Judge Sheldon Lis
tens to the Clin-
ton Case.
ADJOURNED TO WEDNESDAY.
Rival Counsel in the At
fair Wax Flo
Quent.

Clinton, May eft is not the opin-
Ion of those who attended the hearing
of the trustees of st. Johns Catholic
Cemetery Association VS.. William II.
Fay and others, more commonly known
here as 1.-THE suit of the new board"
that the case can be determined as
soon as most people thought
The case came up before Judge Shell
don in Boston this afternoon, at 2.3O
O'Clock. The lawyers pounded away at
1t until nearly o'clock without, as it
appeared getting very far into the mass
Of material which will be presented for
the consideration of the court. At the
end the hearing was adjourned until
$50 o'clock, Wednesday morning.
Quite a delegation went to Boston
This morning at SIS to be present, most
ly as witnesses, at the rearing. The
party included Rev FIR. Robert J. Pa
terson, Harold Parker chief engineer
OF the corporation; John b. OToole,
Joseph E. Harrity, Thomas f. MCGEE,
John w. Mcnamara, John T. Philbin
and Attorney William II. Fay.
Everybody supposed that the hearing
would take place at II, but at that
hour Judge Sheldon met counsel and
adjourned the hearing until 230.
Herbert Parker opened the case for
the plaintiffs. Coughlin & Cooney, the
contractors, whose contract is the bone
of contention, were present, and were
represented by Judge Hopkins of Wor-
cester. Judge John w. Corcoran APP
peared for the 'old board" of which he
is a member.
Mr.. Parker began by saying that
the law and the facts in the case We're
exceedingly complicated, and would be
of profound interest.
In brief, Mr.. Parker announced that
he abandoned that part of The claim
set out in the original bill which asked
the court to pass upon the legality of
the boards, and to make a decree re-
straining the defendant board from
participating as officers of Che ceme-
terry corporation.
4 believe that this issue is not an
issue to bring before this court. 1t is
for another court to deal with"
Under the amended bill, Mr.. Parker
said, the plaintiff asked the court mele-
ly to pass upon the validity Of the con-
tract made by the defendant board
with the firm of Coughlin Il Cooney,
it being the contention of the plaintiffs
that the contract is unlawful! and of no
force, both because the contract had
been made subsequent TO the election
of, as ne held, another board of tIua-
tees, an annual meeting Of the corpCr-
alton, regularly convened, in its regu-
Jar place of meeting, and because the
contract was executed by Judge Cor
coran, whom the plaintiffs described
as then being a former president of the
corporation.
MIR. Parker offered the original ar
ticles of incorporation, signed by IA
persons in Clinton. in June, 1898.
The capital of the corporation was to
be $1,000, to be obtained from the sale
of 40 shares of stock at $25 share.
Judge Hopkins asked If there was any
assumption in this statement that any
Of these shares had been paid in. Mr..
Parker replied that there was not.
Mr.. Parker maintained nat tie
function of the corporation was solely
for the Improvement and development
Of the new cemetery, and that it had
no right to undertake any work out
side of these functions, nor to under
take to remove bodies of the dead from
one ground to another.
There was little or no dispute be-
tween counsel relative to the original
articles. Mr.. Parker then laid in
deed of land conveyed by Harold Park
er to the corporation, as he said, and a
second deed of land conveyed by the
Driving Park Association, which was
recorded March q, 1899. The contract
with Coughlin & Cooney was secured
and read to the court
Mr.. Parker said: 1--WE intend to show
that upon the first Monday in April,
the original association met; that that
meeting was adjourned; that before the
fFnHTH nj fFrr
certificates of proprietorship were is
sued; that at that adjourned meeting
the proprietOrs-the holders Of certi-
ficates elected officers, who assumed the
duties of their respective positions and
We're thereafter the legal board of
trustees.
Mr.. Parker said that one Of the first
acts Of the new board was that it gave
expression Of its belief that the con-
tract to perform the work of removing
the bodies could not be legally made by
the corporation, and notified COughlln
& Cooney OF their belief and purpose in
the matter.
II expect to show that the written
contract was in fact executed by the
former president of the board at
time subsequent to the election Of the
new board. We say it is not valid
contract because it was never given at
any lawful meeting Of the board, and
is no; in fact d lawful contract"
Mr.. Parker's witnesses were sworn.
He called William II. Fay, John F.
Philbin. Joseph z. Harrity and Thomas
F. MCGEE. MCGEE was clerk of the old
board, and is clerk to the new board.
Philbin is a member of both boards,
and Acknowledges the new board. Mr..
Harrity is the corporation treasurer
and Acknowledges the new board. Mr..
FAY is clerk to the old board and pays
allegiance to IT,
MI. Fay went on the stand and MS
testimony consumed the balance of The
afternoon until adjournment, Mt which
time Mr.. Parker had just completed
the direct
Judge Hopkins lodged several eXcep-
tions. He was particularly opposed To
the question asked by NJ. Parter:
"If the witness had knowledge taat The
annual meeting was t" be held, on
April 6.
The objection was argued With s5ue
earnestness, and was admitted that
Mr.. Parker might prove pieeemeal' so
to speak. that the members Of the "ld
hoard had such knowledge Nj. Parker
wishes to show that this knowledge m
- $500