The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-02
HEARING CLOSED,
Last Evidence Sub.
mitted in Clinton
Case.
LEGAL LIGHTS HAVE A TILT.
Col. Hopkins and Mr.. Park
er Wax EIoquent-The
Decision Reserved.
LEGAL LIGHTS HAVE A TILT.

Clinton, June 1.-The hearing in the
cemetery matter closed this after
noon, with the argument Of Herbert
Parker, for the plaintiffs. Judge Cor
coran did not address the court. Col
Hopkins OF Worcester made the argu-
ment for the defendants. The hearing
opened al $50 this morning in the
room used by the second division OF
the criminal superior court. By Il
o'clock the defense had finished its
case.
Rev. Fr. R. J. Patterson testified 10
the doings Of the old board, substan-
TALLY as Judge Corcoran did, yester-
day. His examination consumed but
few moments. Fr. Patterson has been
stopping in Boston since the hearing
has been in session. He was in excel
lent health this morning. and bore the
ordeal Of examination quite we'll
Harold Parker was the last witness
introduced by the defense Mr. Par
ker is a brother Of Mr.. Parker attOr-
ney for the plaintiffs. Fortunately mis-
testimony was in channels that did not
flow TO ss-eXaminatiOn. J. H.
Coughlin AMI P. H. Cooney. members
Of the firm Of Coughlin & Cooney, were
also examined.
Mr. CoOney told the court in detail
about the loss TO which the firm will
be subjected if the contract with the
old board falls. He has had a special
wagon made for the transportation OF
the bodies Of the dead at a cost of S225.
L was made under the direction OF the
boards Of health Of Lancaster and
Clinton. They had ordered from a firm
in Oakdale the boxes in which the
bodies were to be inferred. The con-
tract called for 200 600 feet of lumber,
which was already planned and pre-
pared. A hundred Of the boxes were
made. Men with special knowledge Of
the work Of removing bodies and in the
transportation Of monuments had been
engaged. and were idle while the work
is being delayed. Certain tools had been
purchased, and a temporary structure
had been erected. or was in process Of
erection on the old cemetery grounds.
Mr.. Parker objected to the admission
Of this evidence. Judge Hardy admitted
it on the ground that if ne should ind
the contract valid he would have to
award damages.
In the oss-examination, Mr.. Parker
asked Of the witness: Were you d Ii
censed undertaken in Clinton or Ian
caster prior TO April ?"
The witness said he was licensed as
an undertaken by the local boards Of
health, but not prior to April S.
When Mr.. COoney was called he was
addressed with the same question. He
couldn't remember the date Of his IL
cense, but thought that the license was
issued before April s. April S was the
date Of signing the contract 1t was
later the contention Of Mr.. Parker that
the law required these men TO be IL
censed undertakers before they could
properly remove the bodies.
Harold Parker, who is chief engineer
for the ST. Johns Cemetery Associa-
ton, testified chiefly regarding the
piece of land sold by himself to the
association. He said this land was
bought SO that a road could be built
and a steeply sloping hill avoided. 1t
was not bought TO be used primarily
for the interment Of bodies, although
after the construction of the road there
was land in which interments might be
made.
This is one of the two pieces Of land
the title of which is held by the asso-
citation. as Attorney Parker sought to
show during the hearing, and is the
same land upon which. according to
Attorney Parker, the claims of the pro-
prietOrs to be such are based.
The witness also described the i'm
prOvements that have been made in the
proposed new cemetery. The cost of
these improvements is between $1,000
and $4,000.
Witness also testified to a vote Of the
town meeting Of Lancaster permitting
bodies brought from the old cemetery
to be Inferred in the town Of Lancaster
IN the new ground. From a score to
% burials had taken place in the new
ground.
Col Hopkins talked for an hour. His
argument was characterized by an alb
| sance Of rhetorical display. He ascrin-
I ed the disagreement between the trus-
| tees as coming largely from the award
| ing Of the very contract in dispute.
| Once all the trustees were unanimous
| in wishing the contract awarded, until
some found that Martin Murphy was
not 10 have il. He described John +.
| Philbin as AN off OK on the board Of
| trustees. He disposed Of the annual
meeting on April in this fashion
| This was a meeting Of the associates
and there were no associates to meet
! They had done all that associates could
| do when they organized the corpora
! ton They couldn't meet as associates
after that. They had been mustered
| out. They could hold a reunion, but
! they couldn't be soldiers any more
| As another reason why, in his opiOniOn.
! the annual meeting was not an annual
! meeting, but an assenblage Of indi-
| viduals simply, Mr.. Hopkins said that
! the original signers were not all n0ti-
! fed even. They didn't notify Bishop
! Beaver. They didn't notify FIR. Patter-
| son.
Mcnamara upon the stand had said
| substantially that they selected ten
! n o clerk vF-hn W
only a scrivener for the organization,
/ and gained entrance TO the rooms. The
/ same clerk, MCGEE. locked the safe.
J That didn't amount to much, but il
! was plainly usurpation Of power"
! The men who attended the meeting
/ were not, Mr.. Hopkins said, proprietors.
! To be proprietors they must each own
| a lot in the new cemetery, and have
paid s25 into the treasury Of the organ
| ization.
| The suit was being prosecuted for the
purpose of giving Murphy another
/ chance to get the contract.
! Mr.. HOPKINS made a sensation among
the citizens in the court room by at
lacking the power Of attorney which
] was produced yesterday by Thomas +.
} MCGEE. as his authority for voting at
/ the annual meeting. The proxy pur-
ported 10 be under the hand of Patrick
| MCGEE. his father, and was witnessed
| by Charles H. Gentsch. Mr.. Hopkins
said: Il have grave doubts about that
| proxy. 1 can't prove al 1 believe, but
/ | noticed one circumstance which is pc
culiar. Mr.. MCGEE said on the stand
!
! To Cure Constipation IL One Week
1 To Purify the Blood in One Week
To Strengthen Nerves in One Week