Evening journal., 1916-05-31
MORE WOULD JOIN
IN CEMETERY SUIT
Judge Bradford, However,
Orders Case as Presented
to be Argued
CLELAND'S ESTATE
PUTS VALUE ON LOT

Judge Edward G.. Bradford. in the
United States District Court this morn
ing. said the court was loath to grant
a further postponement in the case or
the trustees of the First Presbyterian
Church VS.. Mrs. Emily Cleland Town
send Chew, of Babylon. l.. l.. who is
seeking temporary injunction
against the removal by the trustees. Of
bodies from the cemetery at Tenth
and Market streets. The land was re-
Gently purchased as a site for the new
public library. Mrs. Chew is repre-
sented by George Lodge and Robert
G. Harman, while the trustees are
represented by Andrew c. Gray and
former United States District Attorney
John p. Nields.
When the case was opened today
Mr.. Lodge asked for an extension OF
time, saying that he desired to file an
amendment to the original brief in the
case. The amendment, it was eX-
planned, was not ready to be pre-
sented. Mr.. Harman and Mr.. Lodge
explained that they had been inform
ed by telegram to add the names of
several others to the suit, but they de-
sired to have written authority to dc
this. Judge Bradford said il was toe
important a case to be delayed at this
time for any addition to the bill OF
particulars. He said he could not
hear the case as now presented, until
after next week. For this reason the
court was loath to postpone the hear
ng fixed for today.
mae orraod 20 rooI hn hrtofa IL
the case at once. and if it was neces
sary later TO present the amendment
the court would take the question undel
advisement.
Mr. Harmon sgid the plaintiffs wer'
ready 10 proceed. Mr.. Lodge then rea'
the bill of the complainant. Mrs. Chew
which stated that the remains of he
grandfather. mother, brother and siste
rest in the Nelson Cleland vault, erected
in the cemetery by her grandfather al
cost of 5000. Extracts of the dec
Of the land made in 100 TO the trustee
of the church by Timothy Stidham. o
Christiana hundred, were read. Ihi
stated that the cemetery land was &
be used for religious or pious purpose
only. Through the sale of the land q
Arthur n Bailey, librarian Of the vii
mington Library, for 1925, 900 as a sit
for a new library, il is claimed that th
deed of trust has been violated. At TN
conclusion Of the reading of the brie
and the deed of trust. Mr. Lodge pre-
sented aifidavits.
Airs. Chew, in her affidavit, set
value Of So, $50 on the land and vault
and that the ratings had been damaged
George Carson BOyd. the florist.
decendant of Nelson Cleland. also file
an affidavit, alleging the value of th
Celand vault TO be $3.50. Mr.. Boy
averred that he had been informed tina
unless he or others removed the bodie
from the cemeteries that the bodic
" .uld be removed TO a cemetery nv
miles away. Mr.. Boyd placed valu
of $50 600 on the land and vault.
George S. Almond and Nathaniel b
Culbert. a former trustee OF the firs
PRESBYTERIAN Church. also filed afii
davits. Mr. Culbert said there werI
fully l 900 bodies i'm the cemetery. HI
averred that he had heard il SAT-
often that lot owners held title to tn
land in fee simple. John A. Bader. IN
contractor. in an affidavit. placed
value OF 500 on the brick work in tn
Cleland vault. and Charles NJ. Town
send. the real estate operator, place.
value Of 1880 on the land in tn
Cleland plot.
In an afidavit William II. Gibbon
placed a value Of SS,4l0 on the p
square feet in the Cleland plot; Georg
NJ. Miller. who said the land was val
ued at $500; William ]. Fisher. VIII
placed a value Of $4,000 on the plot
and William z. Hawkins. who claime
the land was worth $4,000. All agree
that the price TO be paid for the entir
site for the new library OF S224,OOO wa
a fair one. George l. Jones, John
Donovan and Alfred l. Davidson, mar
BILE dealers, placed a value OF $3.50
on the marble monuments I'm the ploI
Mr.. Gray, representing the trustee