The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-01
Continued Hearing
Held In Boston
Yesterday.
JUDGE CORCORAN ON THE STAND
Witness Philbin Sharply
Cross-examined Plain
tiffs Close Their Case.


many Of the citizens Of Clinton, some
of them directly interested, and a few
not, journeyed to Boston to be present
at the continued hearing in the ceme-
terry dispute.
There was an abundance to interest,
not only the people of this section gen
orally, but the Catholic people Of the
county and state, who are interested in
the outcome of the effort of Bishop
Thomas D. Beaver TO turn over his in
terest in one of the Catholic cemeteries
Of the state to a parish corporation.
The name Of the bishop came up very
frequently during today's hearing. He
is a member of both the old and the
new board Of trustees. His name oc-
Cured most frequently in connection
with the use of a proxy which he gave
to Judge John W. Corcoran, who in
turn handed it TO Rev. FIR. Paterson,
the designated proxy.
The day was full Of surprises. The
lawyers were engaged in almost con-
slant argument over disputed points of
law. The contests between counsels
were of most lively and interesting
character, as was natural when coun-
sells from the best legal talent in the
commonwealth. The work was done by
Col. W. S. B. Hopkins and Herbert
Parker, but Judge Coreoran, as on
Monday, was present and active by
counsel. if not by voice.
An unusual degree of interest was
derived from the circumstance that
Judge Corcoran, this afternoon, took
the stand as a witness, 10 tell what he
knew about the transactions that &C.
casion the contest for the government
Of st. Johns cemetery corporation, and
incidentally for the control Of the ex-
penditure Of almost S92. 500.
The proceedings were emil vened by
the close attention of Judge Hardy, to
whom the hearing has been trans
ferred from Judge Sheldon. Judge
Hardy, with incisive questions, brought
out in half a dozen instances points
that were interesting from a legal
standpoint and relating to the htiga-
ton.
The hearing was scheduled for $50
a m in the divorce room of the court
house. 1t was changed to division 2 of
the superior court at the last moment.
William H. Fay took the stand. He
sailed for Europe in the afternoon and
counsel desired TO finish with him.
The chief matter of interest in his ex-
animation related TO an unsigned paper
in his possession which was introduced
into evidence. Judge Hardy admitted
the paper. its mystery was torn away,
and it was disclosed as a memorandum
or record, as Mr.. Parker preferred 10
call IL, of the meeting of the old board
other wise unrecorded. Mr.. Fay said he
found the paper in the safe, with the
other papers of the association. Several
questions by Mr. Parker failed to bring
from the witness any disclosure of the
origin Of the document, until MI. Fay
was asked if he recognized the hand
writing and replied:
1T is the handwriting Of Judge Cor
coran." The vital clue in the paper
from the standpoint Of the plaintiffs is
a clause which purports to authorize
the secretary 10 open the books Of the
corporation for subscriptions TO the
stock The paper was marked exhibit
two and was later referred to, when
Judge Corcoran was on the stand.
The meeting in Boston in Judge Cor
coran's Office was not a meeting Of the
trustees in the sense Of the word, the
witness said he thought Rev. FIR. Pater-
son John B. O'ToOle and the witness
were in Boston as a committee to In
quire into the responsibility OF the foul
lowest bidders on the contract 10 re-
move the bodies, as they were instruct
ed 10 do, at a meeting of the old board
Witness said his record contained no
record of the delivery of any deeds, nor
of any stock Of the association Delne
issued nor Of any money being PAID IN
for such stock.
John F. Philbin was called. Mr.. Phil
bin was a member Of the old board, and
is a member of the new. He first sa"
the deed to the land in the hands OF
the treasurer, Joseph E. Harrity. Never
saw them anywhere else. He told
about asking Mr.. Fay to call the an
nual meeting, and said that Mr.. Fay
did not, and would not do so.
This annual meeting was the meet
ing at which the new board came into
existence Mr.. Fay is secretary Of the
old board. The bylaws designated this
secretary as the person to call such q
meeting.
There was a meeting on the third OF
April Of 10 Of the original signers Of the
articles. This meeting was postponed
Thomas F. MCGEE was called. MCGEE
was clerk to the old board until just
after the so-called annual meeting. He
was at that meeting made clerk OF tbs
new board. Mr.. Parker called MCGEE
70 testify TO the record Of the annua
meeting It transpired that MCGEE
was not secretary pro tenn on that oc-
casion and held no office. He was dis
missed for a few moments, and Former
Postmaster John W. Mcnamara, who
was secretary pro TEN, was called.
Mr. Hopkins objected to the admis'
sion Of the books Of the new board as z
record. He was willing to have then
admitted as the memorandum Of an as
semblage Of individuals. They were
admitted on that ground to show wha'
took place. Mr.. Mcnamara named nine
persons. who were present at the meet
ing. He said he was instrumental II
informing the persons who came to the
meeting. He talked with all the tel
men who attended it. They were ter
Of the original signers Of the articles
under which the incorporation wa'
made.
If the adjourned annual meeting, as L
the election of the new board Of trus
tees as to the subscriptions for stock
and as to the election Of Thomas F. Nc
Gee to be clerk. MCGEE was recalled
He testified that he had sent notifica
tions 10 Coughlin & COOney that the pc
sition of the new board was that tn
contract with the firm was protested b,
the board.
Judge Corcoran interposed to say tina
CoughIin & Co0ney denied the receip
of such a notification.
Then the important question Of tn
pavment Of money for certificates o
ca T&he FaSV Food