The daily morning journal and courier., 1906-07-19

durate. Adela Cohen's burial had been unconditional and under no cir eumstances could the body be removed The vacant space left for Daniel was still at his disposal according to the well established immemorial laws and usuages of the orthodox reeligion.
 Then Howard went to law and the whole matter was referred to Edward B. Whitney as referee, It is certain that Mr. Whitney knows far more about orthodox and unorthodoX Heb raism 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. Peira 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 a disinterment
 It was pointed out to him that Daniel had lost his orthodoxy vet remained a seat-holder in the congregation.
 "Oh. yes" replied the rabbi, i've don't care anything about that SD long as he does not abandon the faith
 The rabbi was put through a long examination concerning the Talmudic laws and he maintained that there were only three possible cases when a body could be disinterred-for removal to Palestine, for removal to an ances- tral grave, or to prevent desecration. Under no other possible conditions could a disinterment be had, he said, unless the grave had been specially marked as a conditional one for par ticular reasons, such as did not exist here,
 pr. Bernard Drachman rabbi of thc Congregation Zichron Ephraim and a great authority on the Talmud, took the same view AS he said; Tt has always prevailed among the Hebrews since the most ancient time of which we have any record that the body of a deceased person once committed to mother earth shall not be disturbed; that it is ireyerent to disturb it, and that being deposited in the earth, it ac- quires, so to, speak, the right of repos- ing in that place for all future time, at least so far as human beings are con cerned. Consequently when a body has been thus inferred in the regular | course of proceedings it can never more be disturbed from that place. The ex- captions to this rule are all based or that same underlying motive of respect for the dead" pr, Louis Ginsberg, professor at the Jewish Theological Seminary; Solomon Scheeter, president of the seminary Meldola de sola. minister of shearith Israel in Montreal; Moses Easter chic. rabbi of the congregation in England; Herman Adler chief rabbi of the He brew United Congregations in the Brl- tish Empire, all testified for sheantt Israel in the same strain. holding tha the laws and traditions of the Jewish religion would be violated if such a dis. 1 interment was permitted.
 But Cohen marshalled his experts also, Most of them, it is true are ot the reform variety, varying from the conservative, as differing from the ul. tra orthodox. to the real unorthodox Kaufman Kohler, president of the He. brew Union College at Cincinnati r de sola Mendes, brother of Rabbi H Pereira Mendes and minister of an
 other congregation, the Shaarai Tfila Samuel Sale, rabbi in Missouri; Jule' l D Elsenstein, student of the Talmut and merchant withal and Rudolph Plaut, Main, all gave i as their opinion that under the Talmud such a disnterment was not only per
 mtssible, but obligatory on the childrel Of Daniel and Adela Cohen
 Mr. Whitney finally concluded tha as far as church law was concerned
 the congregation probably had the bet
 ter of the argument. although the lav
 on the subject of disnterment wa evidently in very ambiguous state
 But In his opinion there was a question of fact remaining, which the cour
 alone could determine namely whethe
 or not Daniel Cohen considered tn
 burial of llls wife conditional one Tn
 evidence on the point is very lnconclus
 i've he says, but the dead man is entitl
 ed to the benefit Of the doubt, sine
 there is no living to rebut him. an
 such being the case, the great Cohe
 - - -----------.--