The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-17
WIN IN BURIAL CASH.
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Division n me Htrf6Hs Cnurs ~ Hes
tfaism Ultra Nfihodos. orihosrt. c1u.
snfvanvs. mnterat~ frfosm, reform and
uilfa frfnfm, has heen stirred Nv he aiIrs,
ll1n that ihe cpurt hed ~ fetct'nlne and
fnf ~ determination the fnus' leasnpd
efaienta n NE Talfnud and The Old Tes'as
assnt we're rallied In ~ asrrfta,
The court has decfeed that Inc children ~
raaiei 4, Cohen mas remove the hodv ~
their mother, Adela ffotn he present rest.
Inc piace a. the family plot NJ Mount Nebo,
And incidentally the oourt has come 70 The
e%Bnclusion that the falmudlo and other
authorities on tho removal ~ the dead are
cot ~ all In accord foF very definite.
Ths CONGREGATION Sheaflth Israel, the
oldest jewish congregation In America,
dsscendanta 81 the old Spanish and Portu-
stieae %ssttlers. has been worrying over the
Cohen affair for Ave ycars. Rabbi u.
pereira Mendes, who presides over the
congregations synasoRue In Central Park
West. vas dra VT Into the dlecuasion, and
30 his aid he called The Chief Rabbi, Moses
Caster Of England, and many other moi
learned In the Talmudic law.
But all TO no purpose. The Cohens have
won and the orthodox rabbis have lost.
AZ one Of them WIS heard 20 say yesterday,
Il h enough 10 make a patriarch tuIp In his
grave 10 think that orthodoxy must yield
10 reform, even In tho courts.
- nk-A- a.-k.- At.LN 90 - NAANa
On Isaacs now. for she married. They
arc called Howard, Gertrude, Estelle. Edith,
Edwin, Emily and Blanche Cohen. The
widow IL Agnes Isaaos. They are all chill
dren OF Adela and Daniel 8. Cohen, who
trace their descent 10 some immigrants Of
generations past. Daniel was q member Of
ehearith Israel, and died a se~atholder,
though long before he had fallen away
from the orthodox estate to attend q re-
form synagogue that was nearer his 1s4th
street home.
Back In 1890, when the Cohens were In
very moderate circumstances, Mrs. Cohen
died. Daniels rights as q seatholder en-
titled him TO bury her in the congregational
cemetery, where he expected also to lie
himself some day.
The Shearith Israel established itself in
New York in 1855, and before long picked
out q burying ground where Oliver street
now runs into New Bowery. There they
laid to rest their dead brethren. and the
little plot lasted till 1870. The congregation
still owns IL, and the passerby on the South
Ferry train may still perceive the old head
stones. .
In 1870 the congregation bought another
plot at Eleventh st~reetinear Sixth avenue,
and nine years later went further afeld to
Twenty-irst street, west Of Sixth avenue.
All these cemeteries are still the congre
cations property. But in 1851 it was de-
cided to get out Of the city and the oongre
cation bought a large plot at Cypress Hills,
Middle Village. L. 1. Since then all dead
members have been buried there,
Daniel. Cohen, while somewhat fallen
from orthodoxy, was still In good standing
dues, but twas one Of the Cohen woes that
there was no family plot. Adela bad
often wished for one, and 90 did Daniel,
but o plot at Cypress Hills would cost, oh!
hundreds Of dollars, the eyes out of your
head. So it was useless talking about it.
Blu hen they buried Adela in the -regu-
lar row, reserving the space beside her for
Daniel, the latter stroke his long beard and
murmured to himself that Adela would not
stay there long II be could help 1t. She
should rest in a fine family plot as soon as
the boys and girls that were crying and
tugging at his coattails could get together
enough money.
Daniel forgot to mention this wish to the
officiating rabbi. II he had mentioned it
al the litigation that has ensued would
have been unnecessary. He may have told
che sexton, but the sexton died before Daniel
died, go that there was nothing to show that
Adela's burial was not a permanent one.
Certainly nothing to show that it was to be
considered a conditional" interment.
Ten years later Daniel was in ertrenis.
His children had prospered and he had told
them often Of the sad thing that they, the
Cohens with generations Of American
ancestry, should be separated In death.
For there was no more room in the regular
row for any one but Daniel.
Howard Cohen sought out the clerk OF
the congregation, N Taylor Phillips, and
asked how about buying a family plot at
Cypress Hills. He could have one, he was
told, for $3.50, but it would be irregular in
shape, skirting around the graves Of others
with far less pride Of ancestry than Daniel
and Adela Cohen.
So two days before his father died How
one that would do honor to the Cohens
and hold them all, with their descendants,
for O generation or two TO come. When
Daniel died the first grave was dug in that
plot. $3.50. .
VIZ obhou ICd y VI III WIZ
gregation trustees, explaining all the cir
cumstenoes, to have Adefa Cohenrs grave
opened and the coffin removed to Mount
Nebo. The nswer he got was dishearten-
Ing. It would be a gross violation OF the
rules OF the congregation to permit such a
disinterment, they told him. Jog e.,
Howard explained that IL was his mother's
and fathers wish that they should be buried
side by side in a family plot. But the
trustees were obdurate. Adela Cohen's
burial had been unconditional, and under
no circumstances could the body be re-
moved. The vacant space left for Daniel
was still at his disposal, according to the
well established inmemorial laws and
usages OF the orthodox religion.
Then Howard went to law and the whole
matter was referred to Edward B. Whitney
as referee. 1t is certain that Mr.. Whitney
knows far more about orthodox and I'M
orthodox Hebraism and about the Talmud
than he ever expected to learn. Rabbis
and students of all grades Of orthodoxy
came before him, summoned by either side
as experts, with the Rev H Rereira Mendes,
rabbi Of Shearith Israel, at the head. Rabbi
Mendes was naturally a witness for the
defendant. He said positively that In the
eye Of the Church nothing could be done
for the Cohens. The laws were absolutely
against such q disinterment. A.
1t was pointed out to him that, Daniel
had lost his orthodoxy, yet remained a seat