Omaha daily bee., 1908-06-02
BALDWIN DEFENDS CALLAHAN
Judge Says Cemetery superintendent
Was Convicted on a Lie.
InPEACHEs CLARK TESTIMONY
President Il Prospect Hill Denies
thst Graves Were opened and
Bones Removed without
Proper Aufhority.

Dan Callahan, superintendent OF the
Prospect III cemetery. was convicted OF
grave Decoration on the testimony OF
James Clark. but Clark lied and he knows
ne lied when he said graves were opened
I and bones removed without proper au-
thority."
HIS aged FORM shaking with pent-up
emotion, and wrath against his accusers,
Judge c. A. Baldwin. president of the Pros
pect Hill Cemetery association, who Is held
by the court as the principal In the desecra-
ton OF graves in the cemetery, thus de-
nounced the leading witness in the recent
trial OF the superintendent of the old burial
ground in Omaha. tn Judge made his
! statement before the city council In special
session, Dan Callahan and his wife being
present. His talk was long and rambling
but respectful attention was paid by his
auditors.
At the outset the judge said he wished to
10 before the council in preference to the
court, as he believed tile court had not
treated him fair!
81 asked Judge Sears to hear me and the
nudge appointed 9 o'clock this morning, a
half hour before court convenes as the hour
for me to appear, when no one would be
there said Judge Baldwin. The court
told me that / must not refer to anything
but the trial OF Callahan and that I must
not REFER TO dnNlilub w iNioNAph "NN
] had said or done in the matter, and that
he would not whitewash anyone.
wants Nc whItewash.
Good God, / don't want to be white
washed; I just want a chance to tell the
truth, but my good friend, the Judge, would
not let me. ] did not go to court this
morning and I never will go before that
court again.
1.-THE record of my life in connection with
Prospect Hin cemetery Is an open book and
can be read by all. Prospect Hill GENE
terry Is the dearest spot on earth to me.
/ would not swap Prospect Hill cemetery
for all Of Omaha. What has been done
there, the improvements that have been
made, have been made by Dan Callahan
and myself.
q have been president Of the cemetery
association for eighteen years and no grave
has been opened in that time except by
written order of the secretary, and the
secretary acted under my orders. Dan
never opened a grave without authority
being given him and l have repeatedly
ordered him to shoot anyone who at
tempted to open a grave
The Judge. then branchcd off into a long
dissertation on the laws governing burials
and explaining them. as he read them. He
quoted interpretations Of the law to show
that graves are onil such in ground sct
aside as burial places and that q body
buried in a place not dedicated as a GEM
etery is not buried in a grave. He there
fore holds that the removal Of the bones of
Indians or of early day travellers across
the plains is not grave Dissertation. Ac-
cording 10 the judge the Indians used the
hill as a burial ground long before the
white man invaded this country and that
pioneers enroute tn the gold lands of CAL
ifornia buried their dead on the hill.
FOrty-Three Years old.
Prospect Hill cemetery was surveyed in
1856 and clear title to the land given Byron
Reed. Mr.. Reed then notified the friends
and relatives Of those recently buried there
that they could secure title to the lots. but.
according to Judge Baldwin, few awaited
themselves OF the privilege.
1.-THE law says that a grave cannot be
opened and the body moved unless consent
first be obtained from the relatives OF the
deceased. How in Gods name can consent
lie obtained from the relatives OF some
indian buried 100 years ago2" asked Judge
Baldwin. bones that have been removed
have been the bones Of Indians. l can
prove this to YOU by showing tomahawks
and s~calping knives W. have found with
these bones
Prior to the converting of the council
Judge Baldwin said he wished the ordi-
nance governing cemeteries and burials
amended to allow the removal of bones of
unknown persons instead of being cSm-
PEELED to fl up a grave in case bones
were found. He made no reference to this
In his address and no action was taken