Mount Auburn Cemetery

60

WOULD REMOVE WIVES' BODIES — Isaac Engel Seeks Court Decree to Transfer Corpses from Hebrew Cemetery in Malden to Forest Hills—Religious Issue. — Isaac Engel of the Roxbury district seeks by a bill in equity to have the superior court grant him a decree to require the Hebrew Charitable Association to allow him to remove the bodies of his two wives and two minor children from Lebanon cemetery, Malden, where they were buried between 1862 and 1869, in order that he may reinter them at Forest Hills cemetery.

The respondent association claims that he has no right to remove them upon the ground that he does not own the lot, but merely was given permission to bury them; that they were buried there with his consent as the bodies of Jews and the Jewish faith does not permit the removal of bodies after interment in consecrated ground except to the Holy Land or to a family lot in other ground consecrated under the auspices of the Jewish faith, which the contemplated place of interment at Forest Hills is not.

The land for the cemetery was bought in 1851 by contributions of Jewish resdents of Boston and vicinity to provide a place of burial for Jewish poor. The title was taken in th name of the Shaar Achagim Association, and ever since none but persons of that persuasion have been buried there, and in every case under Jewish ceremonies.

The respondent association since has acquired the management and possession of the cemetery, and the officers of it have no personal feelings in the matter and appear to insist upon what they regard as their duty to their faith and its usages and customs with regard to burial.

The case was heard by Judge Richardson, who reserved his decision. The outcome is awaited with much interest, involving as it does important questions as to burial rights in cemeteries and the rights of relatives to have the bodies removed after so long a lapse of time. J.A. Bennett; J.J. Silverman.

— ENGEL MAY REBURY BODIES — Superior Court Allows Plaintiff Privilege of Removing Them from Lebanon Cemetery to Forest Hills — In the equity session of the Superior Court yesterday Judge Richardson found for Isaac Engel of Jamaica Plain, who sought to remove the bodies of his two wives and two minor children from the Lebanon Cemetery in Malden for reinterment in Forest Hills Cemetery.

The bodies were interred in Malden between 1862 and 1869. The claim of the defendant Hebrew Charitable Buria Association was that Engel was actuated by sentiment merely; also that the bodies were buried under Jewish rites in consecrated ground used exclusively for the burial of persons of the Orthodox Jewish faith, whose rules prohibited the removal of bodies except to the Holy Land or to other ground similarly consecrated.

The Court holds that as between the conflicting claims of the parties, that of the plaintiff is paramount, and he is entitled to remove the remains to Forest Hills Cemetery without interference on the part of the officers of the defendant, as he has a permit from the Board of Health. The Court further says: "If the desire of the plaintiff to remove them is merely a matter of sentiment, it is a sentiment common to humanity. It is a sentiment entitled to respect."

MUNICIPAL FUNERALS [Large T]HE latest thing in municipalization is the taking over of the undertaking trade in Paris and other cities in France. According to Edouard Sattler in La Vie Illustrée, Paris, a decree of the 29th of December, 1904, gave the monopoly of funerals in part to the cities of France and in part to the churches. The city has the exclusive right to transport the body, to decorate the exterior of the mortuary building, and to furnish caskets. The church, on the other hand has the sole right to decorate the interior of the house of the deceased and to decorate the churches. The new law became effective January 1st, 1905.

The establishment, or establishments, which care for the Parisian dead are situated on the rue d'Aubervilliers and the rue Curial. From these buildings there go forth each day one hundred and fifty funeral processions, or 55,000 a year. The entire industry is centered in this place; offices, workshops, warehouses, stables and so forth, the plant covering more than 48,000 square feet of surface, employing 1,200 [black and white photograph of men sitting with caption From La Vie Illustrée] PROFESSIONAL PALL-BEARERS IN THEIR LOUNGING ROOM persons, and having in stock materials to the value of one million dollars. The services rendered by this branch of the Paris municipal government are divided into many classes, but only the first five classes are profitable. On all of the others there is a net loss and the department is compelled to furnish free to the indigent poor caskets and other necessities. This latter fact is frequently urged in extenuation of the large charges which are imposed on the rich. The charges in the first of the five classes, on which a profit is made, amount to $1,430, of which amount $200 represents the price of the catafalque, each coachman in livery $3, $1 extra for shoulder-knots and eighty cents extra for cockades. A standard of flags costs $5, and a war horse, led by hand, may be had for $8. Frequently one sees in Paris a funeral cortege, of some general or prominent man, behind the hearse being led, by a footman, a horse covered with heavy black cloth. In these cases the horse is rented for the sum of $8.

The caskets vary in price from $9 to $60, and they may be had in pine or oak, garnished with satin, cambric, or velvet. One may also have a choice of no less than one hundred and twenty different styles of hearse, from the one of the first class with its ostrich plumes and so forth, to the modest black box in which Victor Hugo wished to be carried to his last resting place. In the glass-covered hall, in which the hearses are kept, there is a hearse inlaid with silver and covered with silver cloth, which represents an investment of no less than $10,000. This is the hearse which was used at the funeral of Thiers, Gambetta, Canrobert, MacMahon, Carnot, Jules Ferry and Felix Faure.

Everything which is used during the funerals, from the

[black and white photograph of me with caskets with caption From La Vie Illustrée] A RESERVE OF TEN THOUSAND COFFINS IN ALL STYLES smallest piece of embroidery to the finest casket, is made a the factory on the rue d'Aubervilliers. Here are vast stables containing sufficient horses for the one hundred and fifty daily corteges, great coach houses with hundreds of coaches, vas[t?] glass-roofed rooms where wome sort the draperies used during the funerals. In one large room we find artists paint ing escutheons, for every funeral of any importance in Paris has the family escutheon placed on the hearse, over the church door, and in other conspicuous places. In the car penter shop we find men busy at their work, whistling and singing popular airs, while nailing together the last rest ing places which mortals ever know. And in the basemen[t?] of the building are no less than 10,000 caskets, of all sorts o[f?] wood and of every size, ranged in rows around the room

CEMETERY DISPUTE GOES ON — Judge Bond Decides That Controversy Over St. Peter's in Lowell Shall Be Heard by Master. — [Special Dispatch to the Sunday Herald.] LOWELL, June 3, 1905. Judge Bond of the superior court has decided that the controversy between John J. Gray and William Manning and Erastus Bartlett over St. Peter's cemetery, shall be referred to a master for a future report. About five years ago Gray and E. R. Donovan, now deceased, acquired a tract of land near the group of cemeteries on Gorham street in the south part of Lowell, obtained a license and opened it for occupation as St. Peter's. Recently Manning, who is 81 years of age, and very feeble, and his son-in-law, Erastus A. Bartlett, took action for alleged breach of conditions, to regain possession of the land, undertaking to foreclose a mortgage upon it.

The matter was brought before Judge Bond in the superior court recently, in the form of a bill in equity, asking that the parties be restrained from foreclosing the mortgage and calling for an accounting. Judge Bond, after hearing the statement of facts from the respective counsel, decided to appoint a master for an accounting and the parties are now conferring about the selection of an appointee. A number of burials have taken place in the cemetery, but these proceedings, it is understood, are not likely to affect the lot-owners. relating as it does wholly to the controversy, as to the ownership and divisions of revenues of the land.

61

MR. SEARS' BODY TO BE CREMATED — [F?]uneral Will Be Private—No Services at Either House—Body to Be Taken from Train to Mt. Auburn—Many Condolences. — Telegrams of condolence from men and [w?]omen prominent in society, in finance art and in literature in all sections the United States, as well as mes[sa?]ges of sympathy from friends abroad, [?]ured into the household of the late J. [M?]ontgomery Sears at Southboro all day [ye?]sterday. These messages are regard[ed?] by the family as of purely personal [int?]erest and will not be made public.

The funeral of Mr. Sears will be a [str?]ictly private one, and will be attend[ed?] only by the immediate friends and [rel?]atives of the family, in accordance [wi?]th a request frequently expressed by [?] Sears during his lifetime that there [?]ould be no pomp or public display [?]en the time came for him to pass [aw?]ay.

It is in accordance with Mr. Sears' own wishes, too, that the body will creamted, for he considered crema[tio?]n a distinct advance over the cus[to?]m of burial in the ground.

[A?]ccording to the present plans of the [fa?]mily, the funeral will be held on Mon[?]y at the mortuary chapel, Mt. Au[bu?]rn cemetery, and immediately after[wa?]rd the body will be taken to the cre[ma?]tory.

Bishop Lawrence will conduct the fun[er?]al services. There will be no honorary [pall?]bearers, and the actual bearers will chosen from among the old family [ser?]vants.

[I?]t is not intended that services of any [?]d shall be held at the house in South[bo?]ro. The funeral will be under the di[re?]ction of Undertaker W.H. Smith of [So?]uth Framingham. The body will be [?]ough to Boston in a private car at[ta?]ched to one of the regular morning [?]ins from Southboro, and will be [ta?]ken direct from the Back Bay station the cemetery without any stop being [ma?]de at Mr. Sears' town house.

[?]. Montgomery Sears, Jr., who, with [hi?]s mother and sister, was with his [?]ther when the end came, said yester[da?]y that, although his father was con[?]ious at the last, he did not even then [rea?]lize tha the was going to die. Mr. [Se?]ars steadfastly refused to accept the [?]matum of the attending physicians, [?]d so far was he from anticipating [?]e end that within a few days he had [di?]scussed plans for a new yacht and [?]lked about what he hoped to do when [h?]e was able to be out again.

Mr. Sears showed remarkable vitality [fo?]r a man suffering from his complaint. [?]hen the last sinking spell came, how[ev?]er, his strength seemed to leave him [?]at once and he sank with unex[pe?]cted rapidity, the end coming more [su?]ddenly than was anticipated.

Mrs. Sears and Miss Sears, who have [b?]een almost constantly in attendance on [M?]r. Sears, have borne up remarkably [?]ll under the long strain of illness and [t?]he shock of Mr. Sears' death.

BONES REMOVED BY COURT'S AID — Joseph, Engel, Jamaica Plain, After Contest, Sends Relatives Remains from Jewish Cemetery in Malden to Forest Hills. — After a contest of six months, Joseph Engel of Jamaica Plain has succeeded in removing the bones of four of his relatives that had been buried in the Jewish cemetery on Lebanon street, Malden, the exhumation of which the officials of the cemetery opposed on religious grounds, Jewish laws forbidding such removal after bodies have once been interred.

Yesterday morning a party of grave diggers went to work in the cemetery. A neighbor, who the Engles say was persuaded to act at the request of some Jewish people opposed to the removal, notified Officer Burke, who asked the diggers what they were doing. They referred him to A.N. Ward, the undertaker, who had secured permits for the removal of the bodies six months ago. Mr. Ward, appearing, explained that he had an order of the court back of him, and that he proposed to move the bodies according to the instructions of the Engels. Though Jewish people to the number of a dozen or 15 were present, they offered no opposition.

The bodies, which were buried in 1862, 1864, 1868 and 1869, respectively, were then removed to Forest Hills cemetery, where Mr. Engel has purchased a grave.

Six months ago, when Mr. Engel bought a lot in the Forest Hills cemetery, he secured permits for the removal of the bodies, but the cemetery officials objected. A bill in equity was filed in the court, and, after a hearing, Judge Sheldon decided that Engel had a right to remove the bodies. Engel waited 30 days to give the Hebrew Free Burial Association time to file an appeal and, then, no appeal having been taken, he instructed the undertaker to remove the bodies. The cemetery is now used for the burial of bodies of Hebrew poor.

SIMPLE RITES AT SEARS FUNERAL — Only Few Were Permitted to Be Present at Services at Mortuary Chapel in Mt. Auburn Cemetery Yesterday Afternoon. — The funeral of J. Montgomery Sears, financier, yachtsman, art and music partron and prominent clubman, was held yesterday afternoon at the mortuary chapel at Mt. Auburn cemetery, and for one half-hour all evidences of wealth, social position and high culture were placed far in the background, as servant and aristocrat mourned for the loss of their former friend and companion. The ceremony was that of the Episcopal church, and its simplicity became grandeur when it was conducted by Bishop Lawrence the tunes of the two simple hymns, as sung by the boy choir of the Church of the Advent, suggesting more religious feeling than could a large chorus of voices developed to the highest standard of musical excellence. There were but about 75 people present at the chapel, and as admittance to the cemetery was refused to all but those who had cards, or who came to attend to their own lots, for the first time since the funeral of ex-Gov. Russell there was nothing about the ceremony but what might fittingly have been a part of the last rites in honor of one of much less consequence than was J. Montgomery Sears.

It was stated repeatedly by the members of the family that all of the arrangements would be as unostentatious as was possible, and at the cemetery every precaution was taken to keep out all of those who might have been attracted to the scene by the funeral rites of one of New England's most prominent citizens. The gates were closed, and so strict was the gatekeeper that he turned people away who said they were lot owners, but who could not present satisfactory evidence to convince him. There were only about 50 who tried to get into this great city of the dead, and at no time was there a semblance of a crowd. Many lingered around the gates for a few moments, attracted by the number of guardians at the entrance, and inquired as to what it was all about, but after looking at the dozen carriages gathered about the chapel, they went along. One woman came to the gate about 2 o'clock, two hours before the service, and said that she was the widow of a former chef employed by Mr. Sears, whom Mr. Sears had befriended many times. She was anxious to get inside, "just to see the casket," but she was obliged to remain on the sidewalk. She stood outside for 2 1/2 hours, looking wistfully through the iron fence, and finally, after the casket had been placed in the hearse, and the small procession had started toward the crematory, she walked sadly away.

Not until after 2 o'clock did any of those who had anything to do with the arrangements appear. As the hour of 4 approached, carriages began to arrive in greater numbers, and were admitted to the grounds after the gatekeeper was satisfied. Edward W. Hutchins, who was Mr. Sears' counsel in his successful struggle to effect the removal of his inherited wealth from the hands of trustees, came at a seasonable time; Charles F. Choate and members of his family went inside just before 4 o'clock, and about 10 minutes before the hour a special car containing 17 choir boys and some of the soloists from the Church of the Advent arrived. Robert W. Burnett was held up by the gatekeeper and compelled to wait about five minutes before he was identified by a responsible person on the inside. The Rev. George S. Pine of the Church of the Holy Trinity of Marlboro, who assisted Bishop Lawrence, came alone in a carriage, and others who were seen to go in were Mrs. S.D. Warren, Dr. Franz Pfaff and Charles P. Gardner.

The special train which conveyed the body from Southboro arrived about 3:15 at Allston, and there it was met by a hearse and the remains brought to Mount Auburn. The hearse and the carriages carrying Mrs. Sears, J. Montgomery Sears, Jr., and Helen Sears, widow, son and daughter of the deceased, entered the cemetery by the south gate on Coolidge street, and the hearse passed under the archway of the mortuary chapel a few minutes before 4 o'clock.

The bearers, who were servants of the family, removed the casket, which was covered with purple broadcloth and which had a number of wreaths placed on it. The service commenced very shortly after, S.B. Whitney presiding at the organ. The choir of 17 boys and nine men sang the burial chant, the Rev. Mr. Pine read the lesson, the choir sang "O Come, O Come, Emmanuel," and "Saviour, Blessed Saviour," as a recessional, followed by the Dresden Amen, the bearers bore the casket away from the small chapel, placed it in the hearse. Bishop Lawrence and the Rev. Mr. Pine appeared in their vestments, and the hearse, flanked by the bearers. started up the green-bordered and green-canopied roadway toward the crematory. The two clergymen followed in a carriage, and they read prayers in the chapel of the crematory in the presence of only a few friends, almost all of them having left the cemetery immediately after the ceremony.

WORTH ONLY $4,000,000 — Statement by One of the Sears Executors — He Paid Taxes in Boston on Nearly $5,000,000 — Story of a Missing Will Flatly Denied — No Public Bequests; Everything Going to Family — The following rather enigmatial statement, relative to the estate and the will of the late J. Montgomery Sears, was given out this afternoon at the offices of Hutchins & Wheeler, counsellors for the estate:

To settle unfounded reports which have appeared in the newspapers, Mr. Charles F. Choate has informed the representatives of the press that he is one of the executors of the will of the late J.M. Sears; that by the will and codicils the property is left entirely to the widow and children of Mr. Sears and there are no public bequests; that neither he nor any of the family have any knowledge or suspicion of the existence of any other will or codicil; that the filing of the will and codicils for probate has been delayed because one of the executors, Hon. Joseph H. Choate has been absent from the country and it has been desired to obtain his signature to the petition for probate before filing it.

The total venue of the property will not exceed four million dollars.

The latter statement will occasion some surprise, since the value of the estate has been variously estimated at from $15,000,000 to $30,000,000. It is the fact, as verified at the office of the Boston assessors since the issuance of the above statement, that Mr. Sears paid taxes in 1904 upon $4,385,700 worth of real estate and personal property to the amount of $500,000 in this city alone. This takes no account of considerable real estate holdings elsewhere, nor of untakable securities such as bank stock, nor of the taxable securities not included in the assessors' findings, nor of any value which the Boston real estate may have above the assessment. It is also the more surprising because the estate into which Mr. Sears came nearly thirty years ago has been estimated by a relative since his death as worth some $9,000,000. Of this about half was in real estate which was greatly appreciated in value in the last generation.

C.S. Penhallow, confidential man of the estate, left Boston for New York last night and will return tomorrow. Hon. Joseph H. Choate, referred to in the statement as one of the executors of the will, has returned to New York from England this week, and Mr. Penhallow's errand in New York may well include the securing of his signature to a petition for the probate of the will.

62

DEATH OF J.M. SEARS — One of Boston's Most Eminent Citizens — End Came Early Today After Long Illness — He Was of Sturdy Old Cape Cod Stock — The Largest Individual Taxpayer in the City — J. Montgomery Sears, Boston's largest individual taxpayer and one of the wealthiest men in New England, died at his Southboro farm, "Wolf Pen," at 3.15 o'clock this morning. He had been fatally ill for several months, a sufferer from a complication of diseases which had aged him far beyond his fifty years. Cancer of the pancreas, with resulting organic disorders, was the fatal malady. Although it had been admitted for some time that Mr. Sears's condition was hopeless, the end came more suddenly than had been anticipated. A fortnight ago his strength began to fail rapidly; for the last day or two the patient was in a state of coma most of the time, and early last evening it was evident that he might not live through the night. At two o'clock this morning a marked sinking of the vital forces presaged the end. The family was summoned—Mrs. Sears, J. Montgomery Sears, Jr., and Helen Sears— as was Mrs. George P. Gardner, a relative by marriage. These persons were at the bedside at the end.

The funeral plans have not been completed, but the services, in accordance with Mr. Sears's express desire, will be very simple and quiet. Only the immediate family will be present. According to present plans, the funeral will be held on Monday at the mortuary chapel, Mt. Auburn Cemetery, and the body will be cremated. Bishop Lawrence will conduct the service. There will be no honorary pallbearers, and the actual bearers will be chosen from among the old family servants. The body will not be taken to the Arlington street house. — Joshua Montgomery Sears — Son of a Prosperous Boston Merchant in the India Trade, Shrewd Real Estate and Corporation Investments Increased His Fortune to Many Millions Joshua Montgomery Sears was born on Christmas Day, 1854, the only child of Joshua Sears, a prosperous Boston merchant in the India trade, and a private banker well known in local commercial circles for the decade and a half beginning about 1840. He was of the Cape branch of the Sears family, one of the most prominent in New England for many generations. His grandfather was Captain Eben Sears, a sea captain who was the first to carry the American flag around the Cape of Good Hope and unfurl it in the Indian seas. His grandmother was Hannah Gray, of equally sturdy old Cape Cod stock.

Joshua Sears, after completing his schooling, taught school for a number of years before entering upon the business life in which he was to be so successful. His father's calling determined the line he should enter, and his first venture was in the office of Prince, Hawes & Co., importers and vessel-owners, with extensive trade in the West and East Indies. It was not long before Joshua Sears set up in business for himself. He gradually extended his trade, prospered, and eventually, in partnership with Alpheus Hardy, sent out ships of his own to the Indies, and amassed a fortune grate for those days, and the foundation of the greater wealth of his son. To his wealth the tea and cotton trades were the largest contributors, besides which he did a private banking business which rivalled that of the banks of the day.

Of Joshua Sears's brothers, Charles continued to reside at Yarmouth, where he served as deputy sheriff of Barnstable

County for many years, and Thomas was the well-known auctioneer, whose successors are the present firm of Horatio Harris & Co.—Horatio Harris being a trustee of Joshua Sears's estate.

At the age of sixty-two, Joshua Sears married Phoebe Snow, daughter of a Brewster deacon, whose family was as prominent on the Cape and in Boston as were the Searses themselves, and who brought to her husband a considerable dowry. To them, within a year, was born a son—Joshua Montgomery Sears— the child of his father's old age. The mother died within a few days, at Yarmouth, where her son was born. Joshua Sears died three years later, in 1857. He left his young son in care of his second cousin, Mary Jane Myrick, who lived at the Cape, who was remembered in his will on condition that she care for the boy until he should be five years old. The boy's guardianship was vested in Joshua Sears's partner, Alpheus Hardy, who later took him into his own family and made him as one of his own sons.

Joshua Sears left a fortune of between $1,700,000 and $1,800,000, a very large sum in those days, comparing favorably with other princely Boston fortunes made in the India trade. He left also an odd will, which was not surprising as he had acquired a reputation for being somewhat eccentric. While his ambition had been to make money and to save it, his loyalty to his native town had been such that he had purposed to leave his fortune for the benefit of Yarmouth. After the birth of his son, however, he established a trust fund for the benefit of his heir and others, the trustees being Alpheus Hardy, Horatio Harris, and Hugh Montgomery.

The faithful and able manner in which the trust was administered is a matter of record and will go down in the history of trusteeships in Boston. No estate of like magnitude was ever handled more judiciously, and never was there a case where better judgment was used in making investments according to the provisions of a will. Large sums were invested in lands benefited by the Franklin-street improvement, soon to be made, and these investments doubled in value more than once. Great blocks of buildings in Franklin, Arch, Chauncy and Devonshire streets were built, to the substatial betterment of the Sears fortune, and though great losses were sustained in the great Boston fire the trustees had increased the value of the estate fivefold when J. Montgomery Sears became of age, in 1875, eighteen years after his father's death.

The disposition to be made of this $9,000,- 000 estate was a matter of some difficulty. The will provided that, upon the heir's attainment of his majority, the trustees should pay him $30,000. He was further to receive a $4000 a year for four years, then $6000 a year until he should be thirty years of age, and $10,000 a year thereafter. These sums were, of course, small in comparison with the income from the estate, which was to remain under the control of the trustees; and it was fairly doubted if the testator had foreseen the situation created. Accordingly, the young man brought a bill in equity against the trustees to obtain a conveyance from them of so much of his father's estate and of the income thereof as was not needed to support the trusts declared in the will, urging that the same was undisposed of by the will, and that upon his arrival at the age of twenty-one he was entitled to it as heir-at-law. The suit was entirely amicable, and the trustees simply wanted a judicial decision in the matter. The case was heard by Chief Justice Gray in the Supreme Judicial Court, who took young Sears's view of the case, and he came into possession of the bulk of the property. When he was twenty-one years old the value of the real estate held by the Sears trust was $4,026,400, the balance of the $9,000,000, being invested in mortgages and other securities.

Any doubt that may have been felt as to the young man's ability to care properly for such a large estate was soon dissipated. He began to show the business charactetistics of his father, and those who observed closely and knew the progenitor, phophesied that he would prove fully equally to the task. Whether they were right or wrong may be gathered from the fact that J. Montgomery Sears's property today is estimated at all the way from $15,000,000 to $30,000,000. After attaining his majority and getting possession of his property, Mr. Sears was the largest individual taxpayer

in Boston. Last year his tax bill was $74,- 264.64. Oddly enough he did not largely increase his real estate holdings in Boston as his wealth grew. It is said that he made but a single addition to the properties turned over to him by the trustees of his father's estate. This was the Amory house, next his own residence in Arlington street. He contented himself with the natural increase in the value of his city real estate, which was assessed at $4,385,700 last year; and invested his surplus income in high-grade securities with shrewd ability. His inherited holdings were so great, however, and his management of the properties so keen, that he was often compared to the Astors of New York because of the solid character of his wealth. To the management of his property he brought natural ability, a talent for hard work, and a grasp of details that was a matter of remark among his associates. He spent much time in his office in the Sears Building. Business was business with him, and in its conduct we had all his father's thrift. It is probably true that, had he devoted all his executive talent to business, he might have increased him wealth far beyond its actual proportions, magnificent as they were.

J. Montgomery Sears's boyhood and youth were passed under singularly auspices circumstances. His guardian was a man of sterling sense. His ward's prospects were not clouded by the shadows sometimes incident to great wealth, while no advantage that wealth could give was lacking. He was sent to Andover with Mr. Hardy's own sons, and was graduated from Yale in the class of '77. His education was completed in Berlin and Stuttgart. A man of the broadest culture, with a pronounced taste for what is greatest in music and literature, his work was the management of his great estate; his recreation not only the patronage of art, but active participation therein. His first musical impulse was received when a pupil of M. Roulet in Germany. From that time he was a liberal and discriminaing lover of fine music. In his Arlington street home is a fine organ, on which m any of the best organists have performed. His particular musical hobby, if he could be said to have one, was the violin. When at his country estate at Southboro he used to play the violin himself in the choir of the chapel there. Mrs. Sears is also exceedingly fond of music, and during the winter season they were in the habit of giving several musicales a week, to which amateur and professional musicians contributed their talents. While these were always treats to all who were bidden, there was never any effort to make them a vehicle to show off musical celebrities. It was merely that the personal tastes of Mr. and Mrs. Sears made their home a natural centre for lovers of the best in the world of composition, and as natural a place of entertainment for all the great artists who visited Boston. Mr. Sears had a fine musical library and a magnificent collection of violins, one of them an instrument reckoned to be the finest existing Stradivarius. This was formerly owned by Viotti, the pupil of the great Paganini, and it was on this famous instrument that Viotti played in competition, when he won for himself the place of first violinist in the Royal Chapel of Turin. Later, in Paris, towards the close of the eighteenth century, Viotti created an international furore and won for the instrument the title of "Jupiter." This violin has been valued at $5000, but Mr. Sears would not have parted with it for any amount of money.

As a lover and patron of good literature, Mr. Sears was also widely known. It was while in Germany, too, that he received his first stimulus in this direction. There he made the acquaintance of Ferdinand Freiligrath, the poet, and afterward purchased bodily the celebrated Freiligrath library, which today forms the basis of his magnificent private library, one of the finest in the country. The foundation of the Freiligrath library was laid in the early life of the poet. In 1841 it numbered 1500 volumes, and increased steadily from that time until the poet's death, when it comprised some 10,000 volumes, largely presentation copies of incalculable value. It is largely a poetical library, and is composed principally of the works of German and English authors. Mr. Sears supplemented the library by judicious selections in the features in which it was deficient.

An inspiration to this side of Mr. Sears's nature was supplied by his marriage. In 1877 he married Sarah Carlyle Choate of

Cambridge, the daughter of Charles F. Choate, for many years president of the Old Colony Railroad, and the niece of Hon. Joseph H. Choate, the recent ambassador to the Court of St. James.

Mrs. Sears is a woman of rare culture and refinement. She has won distinction as an artist, and some years ago carried of the Evans prize of $500 for a portrait entitled "Romola," at the New York water color exhibit. Her pictures are signed "Sarah Sears." She has studied under the best artists, and, besides being talented, [?] a hard worker. The money she earns with her brush, and a great deal more, she devotes to helping art and artists in America. Her pictures are popular in theme and the treatment is simple enough to be appreciated by the masses.

Mr. and Mrs. Sears have gratified without stint their taste for associating with talented people of the art world. Mr. Sears was a great friend and admirer of Paderewski, and no one was a more welcome guest. E.A. Abbey, the noted artist, was the guest of Mr. and Mrs. Sears during his stay in this city, while putting the finishing touches on his great mural decoration in the Public Library, "The Quest and Achievement of the Holy Grail." The singer Melba, was another of the great distinguished personages entertained by the Sears.

For society, in the conventional use of the term, neither Mr. nor Mrs. Sears was especially fond, though the demands incident to their station in life were graciously honored. As a host, dispensing hospitality at his home in Arlington street or Southboro or Bar Harbor, he best showed the strong social instinct within him. Their town house was always open for the entertainment of notable visitors to the city, and they were hardly ever without a prominent guest during the winter season. Prince Henry of Prussia counts his entertainment by the Searses among his pleasantest memories of Boston. Admiral George Dewey was another guest of the city entertained at the Sears home. Only last summer Mr. Sears, through his intimate friend J. Pierpont Morgan, placed his home at the command of the archbishop of Canterbury during his stay in Boston. Mr. Sears's hospitality was of the old-fashioned, wholesouled type, and while his entertainments were always on a fitting scale there was never any hint of display. Everything he did was for his own pleasure and the pleasure of his guests, and never for social aggrandizement. He was a main excessive modesty, and this characteristic was just as evident in his social as in his business life. He avoided publicity, and was probably less writtena bout than any man of equal standing in the country.

Mr. Sears was a man of varied activities. He was interested in yachting, farming, cattle raising, and philanthropy, and also in public affairs although he had no desire for office, and did his work in behalf of worthy public movements in a quiet, unnoticed way. At Southboro, where he spent his last days, he had in "Wolf Pen" farm a magnificent 1500-acre country seat. Mr. Sears was very fond of farming, and would take off his coat and engage in agricultural pursuits with enthusiasm. He was very progressive in his ideas. He took a great interest in the raising of fine cattle and kept a magnificent herd at Wolf Pen. He was also fond of blooded horses and always kept a good stable at Southboro. He had a splendid cottage at Mount Desert, and few summers saw it unoccupied, though he went very little into the society whirl of Bar Harbor. Of late years Mrs. Sears has been much abroad in the summer and the Mount Desert place has been less continuously occupied. Mr. Sears was very fond of the water, and every summer spent a good deal of time afloat in company with Mrs. Sears and a party of friends. He owned at various times the yachts Novya, Sayonara and Tarolinta, and always took a keen interest in the sport. He was a member of the Algonquin Club, the St. Botolph Club, the Somerset Club, the Tavern Club, the Thursday Evening Club, The Country Club, the Eastern Yacht Club and several clubs out of town.

Mr. Sear's philanthropy took a personal and private turn. He will be rememvered for his gifts, not so much by the public, as by the many persons whom he assisted generously when they needed assistance most. He was the friend of the needy, the helper of the worthy aspirant for success, and was always on the lookout for[?]

63

[?]ases where assistance would accomplish [a?]ctual and personal good. He was exceed[in?]gly generous in unostentatious ways, tak[in?]g care always to keep from the left hand that the right hand was doing. Everything [h?]e did was done for the pleasure of doing and the good it did others. He took more [p?]leasure in helping needy people whom he [k?]new personally than in giving large sums [?] general charity. Several successful [y?]oung men owe their start in life to him, [h?]aving gone through college at his expense. [H?]e has assisted in the musical or artistic [e?]ducation of many young men and women [o?]f more talent than opportunity. Not un[n?]aturally he preferred that the initiative in [s?]uch matters should be his own.

One of the monuments to his memory is [th?]e beautiful Episcopal Church building [w?]hich he gave to Holy Trinity parish in [M?]arlboro. This structure, of the style of [a?]rchitecture known as "early English," has seating capacity of 200 to 300, and cost [ov?]er $10,000. The corner stone of the edi[?]e was laid on June 10, 1887, and was com[pl?]eted before the following Christmas. The [ch?]urch is lighted by electricity, and on the [?]ta[?] are two very handsome brass candle[st?]icks of the sixteenth century patter, [?]ough from Italy by Mr. and Mrs. Sears 1887. In this society both Mr. Sears and [hi?]s wife took a deep interest. Another of [hi?]s practical philanthropies was the estab[lis?]hment and endowment of the West End [W?]orkingman's Club, an organization in [wh?]ich Phillips Brooks was greatly interest[?]. He also was instrumental with Bishop [Br?]ooks in starting the Poplar Street Club, temperance organization. Yale University [w?]as one of his especial cares, and he always [?]ve with a free hand to that institution. [O?]ne of his gifts was the valuable classical [?]rary of the noted German scholar, Ernest [?]artius.

Mr. Sears, when he first settled down in [Bo?]ston attended Trinity, where a great [fri?]endship sprung up between him and Phil[lip?]s Brooks. Later he took an interest in [th?]e organist at the Church of the Avent [?]d gave a good deal of attention to the [de?]velopment of the musical service there. [?]tterly the family have been attending [Em?]manuel Church. He was always very [?]eral in his contributions to church work. Mrs. Sears and two children survive him. [Th?]ere is a son, J. Montgomery Sears,, and a [da?]ughter, Helen.

Miss Ula. L. Murray of this city seeks [a?]n injunction against her uncle, Tim[o?]thy J. Shea of this city, to restrain [h?]im from disinterring the bodies of her mother, Mary A. Murray, and sister, Alice, from his burial lot in the Holy Cross cemetery, Malden, and from sell[i?]ng or disposing of his lot.

She claims that her sister was buried [i?]n the lot by him while she and her [f?]amily were in the West more than 20 years ago, and that her mother was [b?]uried in the lot in February, 1904, at his earnest solicitation, and it was un[d?]erstood that the interments were to be final.

She received a letter from his lawyer on Feb. 28, she declares, calling upon her to have the bodies at her expense. She did not do so, and wants to have him prevented from doing so, or making any sale of the lot, as she says she believes he is about to do.

An order of notice was issued to her counsel, S.E. Duffin, to the respondent, returnable March 19.

1906

LAST SEARS WILL MISSING, OLDER ONE TO BE FILED — Recent Instrument Disposing of Over $20,000,000 Has Not Been Found. — SEARCH STILL IN PROGRESS — Testator Did Not Intimate He Wished to Change Later Disposal. — NO HINT IN HIS LAST ILLNESS — Document Drawn 12 Years Ago Leaves Nearly All to Family. — Search for the last will of the late J. Montgomery Sears, which is strangely missing, as told exclusively in The Herald yesterday afternoon, is still in progress and will be continued until every hope is dissipated of locating the missing document which disposes of the enormous sum of $20,000,000 to $25,- 000,000.

That the hopes entertained by the members of Mr. Sears' family of ever finding his last will are very small was made plain by the statement of J. Montgomery Sears, Jr., last night, that the will made about 12 years ago would soon be offered for probate.

The greatests secrecy is being maintained by all the members of the family regarding the loss of the will. J.M. Sears, Jr., went so far as to say, last night, that he had no personal knowledge of any will having been made subsequent to the one executed many years ago. When asked if he would say that his mother and his father's attorneys did not know of such a document, he would not answer the question. Mrs. Sears denied herself to all callers.

C.F. Choate. Jr., brother of Mrs. Sears, and a well known lawyer, stated positively to a representative of The Herald, however, that "the members of Mr. Sears' family had good reason to believe that a second will had been made," and added that the reason for withholding from the public all information concerning the document drawn up so long ago is because of the hope that the later will may ultimately be found.

Hutchins & Wheeler were Mr. Sears' counsel for many years, but E.W. Hutchins was absolutely mum, yesterday afternoon, in reply to all questions concerning the missing will.

"I'm sorry I can't discuss the matter with you," he said, "but I don't think it would be proper for me to do so."

"But has the missing will been found?" he was asked.

"Assume that it was missing."

"No. I'm not ready to do anything of the kind. I must stick to my original [?]nation not to discuss the case

until the proper time comes, and that time is not the present."

The first will executed by Mr. Sears was drawn up about 12 years ago, when his son, J. Montgomery Sears, Jr., was a schoolboy, and his daughter, Miss Helen, was a mere child. When his son became of age, however, and legally competent to manage and direct his own affairs. Mr. Sears made a new will. This is the document which cannot now be found.

Although the family refuses all information about it, it may be said that the will executed by Mr. Sears 12 years ago leaves the entire estate, with the exception of a few minor bequests, to Mrs. Sears and the two children.

Mr. Sears Never Intimated Desire to Change Last Will.

In the event that the missing will is not found and this document is offered for probate, it will not be necessary for the family to prove that the missing will has been destroyed. When the will is offered for probate, if there is no contest made, it will only be necessary for the interested parties to show that the document offered the court is the last will and testament executed by the deceased which has been found. Should any contestant came forward with proof that a subsequent will had been made, some delicate questions of law would arise which might result in serious complications.

The attorneys for Mr. Sears who drew the second will turned it over to him after it had been properly executed and attested, but no the slightest trace of it has been secured.

In the hope that Mr. Sears may have put the will carelessly aside in some out-of-the-way corner, a thorough and systematic search has been made of his beautiful city home, at the corner of Arlington street and the Commonwealth avenue, by members of the family and servants, while the clerks are going over every scrap of paper in his office. The country home of Mr. Sears, at Southboro, where he died has been ransacked, but without result.

If Mr. Sears had changed his mind about any of the details of the will, it is felt that he would surely have mentioned the fact to Mrs. Sears; but, although it has been known by the members of the household that Mr. Sears had made a will, he never talked of it and gave not the slightest intimation of an intention to destroy the will or make a new one.

During Mr. Sears' last illness nothing was said to him about the disposition to be made of his enormous estate. Mr. Sears could never be induced to believe that his illness would have a fatal termination, and until within a very short time before the end came he talked of plans which he had made for the future when he would be able to be out again. He laughed at the doctors who told him that he was beyond the reach of medical skill and that the end was rapidly approaching; and Mrs. Sears, faithful and devoted nurse, insisted that every one should keep up an appearance of cheerfulness in his presence, and herself ministered to him with a smiling face and talked cheerfully with him while her heart was bowed in grief.

Family Know His Wishes Only from Previous Conversations.

Not once did he speak of anything that he wanted done in case he should die, and such knowledge as Mrs. Sears and her son and daughter have as to what would be the wishes of the husband and father, come rather from their intimate knowledge of him and his plans and conversations had with him before his last illness.

One of the directions, which it is felt confident by Mr. Sears' friends will be found in the last will, if it is discovered, is in relation to "Wolf Pen," the magnificent country estate of Mr. Sears at Southboro. To Mr. Sears this was home. He much preferred it either to his town house or his estate at Bar Harbor. For a number of years he had been adding, as occasions offered, to the Southboro property, until now the holdings there anount to at least 500 acres. Great improvements have been in progress on this property, a large part of which he had planned to turn into one of the most beautiful private parks in the country. Driveways have been laid out, and eminent landscape gardeners consulted with a view to adding where possible to the natural beauties of the place.

Mr. Sears' heart was set on the accomplishment of this project, and those who knew him best feel that if his last will is found it will contain certain instructions for a continuation of this work, because it is generally understood that for some reason the other members of Mr. Sears' family were not nearly so enthusiastic as he about the beauties of Southboro, and preferred the place at Bar Harbor during the warm [weat?]her and the town house in the winter.

[?] [pecu?]liar coincidence in connection [?] of Mr. Sears' will and the [?] [le?]gal entanglements

is that the will of Mr. Sears' father, by which the son inherited approximately $10,000,000, was in the courts for a long time on the question of interpreting some of its clauses, the main question being whether the testator had intended for the boy to have the property when he came of age, or whether it was to remain in the hands of the trustee, Mr. Alpheus Hardy.

In his will the elder Sears directed that his son should be paid $30,000 when he became of age, in addition an annual allowance of $4000 until he was 25 years old, $6000 for the next five years, and thereafter the payments were to be $10,000 a year. If the son died before attaining his majority, Joshua Sears declared the estate should be divided among his heirs.

In 1876 J. Montgomery Sears brought an action in equity to determine his right to the possession of the entire estate of his father. It was claimed in his behalf that the will did not dispose of the principal in the even of the son living to be more than 21. The court upheld the contentions of Mr. Sears and ordered the trustees to deliver all the property except a sufficient investment to provide the stipulated annuity of $10,- 000 to the young man. At the age of 22 Mr. Sears came into control of property aggregating $9,000,000.

The trustees, during their tenure of nearly 20 years, had administered the trust so judiciously that the youth was in possession of many valuable business properties in the heart of the city. Among them was the valuable lot at the corner of Washington and Court street, the site of the Sears building.

Soon after the death of Joshua Sears the trustees bought a number of estates on Franklin street, and when Devonshire street was extended south, part of their property was taken, but the taking gave to them corner sites and greatly increased the value of all the holdings on that thoroughfare. Some time afterward the trustees purchased the Tremont House. THe value of the investments increased with the growth of the city, as has the Astor estates in New York.

A dispatch to The Herald from Southboro last night said:

"The exclusive story published in The Herald to the effect that the last will of J. Montgomery Sears, the recently deceased millionaire, has disappeared, created a sensation in this quiet town. On all sides it is felt that, whatever way the property is disposed of, the estate in this town will be kept intact and developed along the progressive lines that Mr. Sears had mapped out."

An intimate friend of the family is authority for the statement that the will made 12 years ago was read to the members of the family last night, and in it the bulk of the estate is left almost intact to Mrs. Sears, J. Montgomery Sears, Jr., and the daughter, Miss Helen Sears.

MR. SEARS' WILL IS STILL MISSING — After Long and Futile Search Through Houses and at Office, Lawyer Asks Registrar of Probate to Hunt in His Files. — Every effort to locate the last will of the late J. Montgomery Sears has proved futile, and the document which disposes of an estate very much larger than that of many of the crowned heads of Europe is still missing.

Search has been made for the important paper in every conceivable place that it might have been put by Mr. Sears, either at his town mansion, his country home at Southboro or at his office, but no trace of it has been found and no memorandum that would give any clew that would aid in the search.

A representative of Hutchins & Wheeler, counsel for Mr. Sears during his life time and who are now acting for Mrs. Sears and the fanily, called on Elijah George, registrar of probate, yesterday, and requested that a careful search be made among the many wills on file there to determine with absolute certainty that Mr. Sears' will had not been mislaid. Mr. George, at this gen-

64

tleman's request, not only went over the wills in the office, but made a careful search of a safe in the office in order to satisfy the members of the Sears family that the will was not there. The action of Mrs. Sears' lawyers in requesting such as exhaustive search made of the registry of probate office is the best proof that all hope of locating the will among Mr. Sears' papers has been abandoned, for it is well known to all lawyers that the wills kept on file in the probate office are preserved with the greatest care, and a most careful reference index is kept so that any will can be located at a moment's notice. Further, the law expressly declares that the registrar of probate must immediately turn such a will over to the executors named in it or to the probate court upon the death of the testator.

The efforts of the members of the Sears family and the lawyers to keep the facts secret have in no way been abated, and everything possible is being done to prevent any information concerning the missing will or the will made 12 years ago becoming public. Unless however, some definite information is obtained about the missing will within a few days it is confidently stated that the old will will be offered for probate.

As already told in The Herald, this document leaves the vast estate of between $20,000,000 and $25,000,000 to Mrs. Sears and the son and daughter. So carefully have the contents of this document been guarded by the members of the family and the lawyers, for fear that the later will might still turn up, that old employes of Mr. Sears and dependents who feel confident that they have been remembered have not been told whether they are to benefit from the will or not.

Mrs Sears continued to deny herself to all newspaper men yesterday, and returned to Southboro with her daughter, Miss Helen, early in the afternoon in their big touring automobile, J. Montgomery Sears, Jr., remained in town during the afternoon and joined his mother and sister at Southboro in the evening. He refused to say anything for publication, maintaining the same noncommittal attitude he has shown since the story became public.

E. W. Hutchins, of Hutchins & Wheeler, was asked about the visit of his representative to the office of the registrar of probate, but refused to say a word about the case.

Elijah George, the registrar of probate, also refused to discuss the visit of Mr. Hutchins' representative to his office, or to tell anything of the conversation had with him. "Such a conversation," said Mr. George, "is essentially of a confidential character, and as an official standing between the public and the law, I do not think it would be proper for me to discuss the matter in any way."

MANY PHYSICIANS PRESENT

Funeral of Dr. James Read Chadwick at the Forest Hills Crematory

This noon a large number of men and women was present at the Forest Hills Crematory in Walk Hill street to pay their last tribute to Dr. James Read Chadwick, who died suddenly at Chocorua, N. H., a few days ago. It was peculiarly fitting that his body should be borne to this place, for he had done much in the interest of cremation and also was president of the Massachusetts Cremation Society. When Rev. James De Normandie, D. D., of Roxbury arose to begin the service the auditorium could scarcely contain the friends. The black broad cloth coffin was covered with beautiful flowers from the members of the immediate family. There was no music, and Dr. De Normandie confined himself solely to the reading of comforting passages of Scripture, prayer, and the benediction.

Among the organizations represented and to which the deceased had belonged were the American Gynaecological Society, which he founded; the Boston Medical Library, which he also established; the Harvard Medical Alumni Association, the St. Botolph and Papyrus clubs, and the Massachusetts Cremation Society, which was represented by its vice president and several of the directors.

TERMS OF SEARS WILL

Mrs. Sears and the Choates Are Executors

Wife, Son and Daughter to Share Equally

Estate to Be Held in Trust Five Years

Document Filed at Registry of Probate Today

The will of the late J. Montgomery Sears was filed at the Suffolk Registry of Probate this afternoon. Its disposition of the great estate, valued by the executors at $4,000,- 000, was made public late today. The executors, Sarah C. Sears, Charles F. Choate and Joseph H. Choate, are authority for the statement that there are no public bequests and that the entire property is left to the family. The will is dated Feb. 3, 1886, the first codicil is dated Feb. 10, 1886, and the second codicil April 27, 1893.

By the terms of the will, Mrs. Sears, Charles F. Choate and Joseph H. Choate are named as executors and trustees. The estate, amounting according to the executors to about $4,000,000, is left in trust for five years. At the end of that time, according to the will, it is to be divided between the widow and the son. By a codicil, executed after testator's daughter's birth, she shares equally in the division at the termination of the trust. The will bears date of Feb. 3, 1886, the codicil is dated April 27, 1893.

[line missing] Choate.

The complete text of the will is as follow: Will Directs Trustees Manage Property Five Years.

I, Joshua M. Sears of Boston, in the county of Suffolk and commonwealth of Massachusetts, do make this my last will and testament.

First-I give and bequeath to my wife, Sarah C Sears, all my household furniture, plate, books, pictures and all other my household, housekeeping and personal articles, whether of use or ornament, and all my horses, vehicles, harnesses and stable furniture.

Second-And as to all the rest and residue of the property and estate of which I shall die seized, possessed and in any way entitled. I give devise and bequeath the same to the trustees hereinafter named, in trust nevertheless to hold and manage the same for five years after my decease and from the income of the same to pay to my wife whatever sums as the trustees for the time being shall in their judgment deem proper for the use, maintenance and support of my wife and my son, Joshua M. Sears, Jr., the receipt of my wife to be a complete discharge to the executors and trustees under this will for all sums so paid. And the balance of such income, if any, to be applied to the payment of any indebtedness of mine.

At the expiration of five years from my decease the whole of the estate and property then remaining to be divided between my wife and son in equal shares, to have and to hold the same to them respectively and their respective heirs and assigns.

And I authorize and empower the said trustees and who over may be trustees under this will to sell at public or private sale any of the real and personal estate at any time held under the trusts of this will, and to make and execute proper deeds or other instruments of conveyance of the same, the purchaser or purchasers not to be held to see to the application of the purchase money.

In case neither my wife nor my son should be living at my decease then I give, devise and bequeath one-third of all the estate and property of which I shall die siezed and possessed to such of my cousins of the first degree as shall then be living.

And one-third thereof to Charles F. Choate, and should he not be living the same to go to his heirs.

And one-third thereof to Alpheus Hardy, and if he should not be living the same to go to his heirs.

Third-I appoint my wife guardian of my son, and authorize and empower her to sell at public or private sale all and any real and personal estate of my said son, and invest the proceeds in such manner as she shall deem advantageous.

I direct that my wife be exempt from giving bond or sureties on her bond as guardian.

In case of the death of my wife I direct that the trustees under this will select and appoint a guardian for my son, and the guardian so selected shall have the same power herein given to my wife and be exempt from giving bond or sureties.

Fourth-I appoint my said wife and Charles F. Choate of Southboro and Joseph H. Coate of New York executors of and trustees under this will, and direct that they be exempt from giving bonds or sureties on their bonds as executors and as trustees, and I further exempt the executors and trustees from the duty of filing any inventory of my estate as executors or as trustees, as there will be no occasion for so doing.

I authorize my executors and whoever may execute this will to sell at public or private sale any real or personal estate of which I may die seized, possessed and in any way entitled.

In case of the death, resignation or inability of any of my said trustees or exexutors, I direct that the surviving trustees or executors or trustee or executor appoint a successor or successors to fill the vacancy or vacancies so occasioned.

I authorize and direct that my executors remember old and faithful servants who shall have been in my service more than six years, and I authorize them to expend for that purpose such sums as they shall deem proper.

In witness whereof, I, the said Joshua M. Sears, hereto set my hand and seal this third day of February in the year eighteen hundred and eighty-six. JOSHUA M. SEARS. (Seal.)

Signed, sealed, published and declared by the said Joshua M. Sears as and for his last will and testament in presence of us, who in his presence and at his request and in the presence of each other have subscribed our names as witnesses hereto. HENRY C. HUTCHINS, A. S. WHEELER, EDWD. W. HUTCHINS.

First Codicil Giving Choate Estate, if Wife and Son Die.

I, Joshua M. Sears of Boston in the county of Suffolk and commonwealth of Massachusetts do make this codicil to my last will which bears date the third day of February, 1886.

In case that both my wife and my child die before my decease I give, devise and bequeath my dwelling house on Arlington street in Boston and all the furniture, plate, books, pictures and other household and housekeeping articles whether of use or ornament in the same, my stable in Boston and all my horses, vehicles, harnesses and other the contents of said stable, my farm in Southboro and all the furniture in the house thereon, the hay, grain, stock of all kinds on said farm, and also my real estate at Bar Harbor on the island of Mr. Desert in Maine and the furniture and other articles in said premises to Charles F. Choate, and should he not be living the same to go to the same persons as would take a part, of my estate in case the said Charles F. Choate should not be living at my death under the provisions of my said will.

In witness whereof I, the said Joshua M. Sears, have hereto set my hand and seal this tenth day of February in the year eighteen hundred and eighty six. JOSHUA M. SEARS, (Seals)

Signed, sealed, published and declared by the said Joshua M. Sears as and for a codicil to his last will and testament in presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses hereto. A. S. WHEELER, JAMES H. YOUNG, NATHANIEL WADE.

Second Codicil Drawn in 1893, Providing for Daughter.

I, Joshua M. Sears of Boston, in the county of Suffolk and commonwealth of Massachusetts, make this codicil to my last will which bears date Feb. 3, 1886.

Inasmuch as I have a daughter born since the date of my will, I hereby modify the same and the provisions thereof so that my daughter share equally with my son in all respects and take an equal share of my estate with my son and wife in the division thereof. Witness my hand and seal this twentyseventh day of April, eighteen hundred and ninety-three. JOSHUA M. SEARS. (Seal.) Signed, sealed, published and declared by Joshua M. Sears as and for a codicil to his last will in presence of us, who in his presence and at his request and in presence of each other have subscribed our names as witnesses hereto.

A. S. WHEELER, FRANCIS TUCKERMAN, ARTHUR L. STOCKMAN.

The same absolute silence maintained by the members of Mr. Sears' family and the attorneys regarding the search made for a will of later date met all inquiries yesterday as to the explanation of the great shrinkage in the estate. Beyond the brief statement of the contents of the will for the afternoon papers, E. W. Hutchins of Hutchins & Wheeler, absolutely declined to make any statement.

J. Montgomery Sears, Jr., was seen at his office with Messrs. Choate, Hall and Stewart, and his attention was called to a story in another newspaper that he might issue a statement in regard to the unexpected smallness of the estate.

"Does it appear to you at all likely that I shall do so?" laughed Mr. Sears, and then he resumed his attitude of silence and refused to say more.

Cemeteries.

A residuary devise to testator's widow is held, in Waldron's Petition (R. I.) 67 L. R. A. 118, not to pass title, as against his children, to a burial lot upon which members of his family are buried. The character of estate or property of owner in burial lot is considered in a note to this case.

SECRETS OF A CEMETERY. (From the New York Tribune.) The bodies in a graveyard in the village of Chester, in the Adirondacks, have been removed to another and more convenient place, and in course of the removal some curious things were brought to light.

The body of a soldier, identified by the buttons, which were all that remained of his uniform, was found to have been hanged for a spy. The arms were tied behind the back with stout hempen rope and another piece was knotted about eh neck.

The only thing in the way of shrubbery in the graveyard was a lilac bush. This bush had successfully resisted all attempts upon its life. The villagers at last declared it to be bewitched and left it unmolested. When the excavations were begun it was discovered that the body of a girl lay close to the trunk of the bush, and the little root had completely enveloped the body, winding about and about it and so retaining its original form.

Among all those unearthed there was only one body that held together when taken out. This was the body of a man who had been afflicted with inflammatory rheumatism for some months previous to his death, and who, before he died, had been unable to move a joint. An examination of the skeleton showed that the joints had grown together, making a solid mass that stood upright when placed in that position.

One grave held two bodies, that of a man and a woman, both suicides. Out of remorse for the injury done the girl, and knowing their love to be hopeless, the man took his life. The woman's husband, a lumber man, spent his time at the village bar and abused her unmercifully. The other man she loved and after his death she killed herself with the same weapon he used. The villagers left judgment to a higher tribunal and buried them together.

65

BOSTON BANK MAN DIES. — [Fr?]ank W. Reynolds of the Mercantile Trust Company Passes Away— Civil War Veteran. — [F?]rank W. Reynolds, vice-president of [?] Mercantile Trust Company of this [?]y and a veteran of the civil war, [die?]d yesterday morning at his late [ho?]me, 411 Marlboro street, at the age of [?] years. Mr. Reynolds was the son of [Wi?]lliam B. and Elizabeth Margaret [(C?]arter) Reynolds, and was born in [Bo?]ston, where he was educated in the [pu?]blic schools, finishing with the Bos[ton?] Latin.

His first employment was with his [?]ther in the commission business. [Af?]ter he went to South American and [to?]ok a position with Frederick Huth & [?] of London at Valparaiso, Chili, but [ret?]urned after a few years and became [?] member of his father's firm in Boston. Mr. Reynolds was one of the first to [en?]list when the civil war broke out, go[in?]g to the front as captain of company [?] 44th Massachusetts regiment. He [re?]mained in the army nine months, at [th?]e end of which time he returned to [Bo?]ston and resumed business. When, a [fe?]w years later, his partners died, he [?]ound up the affairs of the concern [?]d became treasurer of the Massachu[se?]tts Loan & Trust Company, later [?]erged into the Mercantile Trust Com[pa?]ny, of which he became vice-pres[d?]ent, a position which he held till his [de?]ath.

In his young days he was a member [an?]d officer of the old New England [Gu?]ards, in which organization he gained [th?]e military experience which enabled [hi?]m to go to the front as captain of his [co?]mpany. He was for several years a [re?]sident of Jamaica Plain and was war[de?]n of St. John's Episcopal Church.

He was also deeply interested as a [yo?]ung man in amateur theatricals, and [?]as connected as manager with the [s?]potlight Club of Jamaica Plain. He [w?]as prominent in the Royal Arcanum [a?]nd the Loyal Legion, and was a mem[b?]er of the Union Club and the Boston [?]rt Club for many years. Since moving [?] the Back Bay Mr. Reynolds had been [?] attendant at Emmanuel Church. A [w?]idowm a son, Robert B. Reynolds, and [t?]wo daughters, Mrs. William G. Smith [a?]nd Miss Madeline Reynolds, survive [hi?]m.

While the subject of "graft" is before [th?]e public, it might be pertinent to re[pr?]int the following letter which the Rev. [G?]eorge S. Pratt, at the Protestant [E?]piscopal Church of the Archangel, 86 [S?]t. Nicholas avenue, New York, claims [h?]e received:

[F?]rank E. Campbell, Burial and Cremation Company.

241-243 West Twenty-third Street. My Dear Sir: One year ago the above [o?]ffice sent to you a burial certificate in [t?]he amount of one hundred dollars [(?]$100), in force to 1910. The covenant is [b?]ona fide, and practically amounts to a [?]aid up policy for one hundred dollars [(?]$100) and the additional benefits therein [i?]ndicated. Hereafter funerals personal[l?]y given to us by you will be subject to [?] special offset or discount in your [f?]avor and will be promptly forwarded [u?]nless you direct the sum deducted from [t?]otal of bill rendered family. Further [d?]etailed information concerning the [b?]urial certificate provided on request. Respectfully, FRANK E. CAMPBELL.

This is "the limit"; at least we hope [s?]o, for what would life amount to if [g?]raft extends beyond the grave?

Equity (Merit) Session. Lawton, J.— Eulah L. Murray vs. Timothy J. Seha. [?] restrain the defendant from selling or [di?]sposing of a burial lot in Holy Cross [ce?]metery in Malden in which a sister of the [pl?]aintiff is buried, the lot being the prop[er?]ty of Shea. The parties are uncle and [ni?]ece. Finished. Simon E. Dufflin; Will[ia?]m J. Sullivan.

April 18, 1906.

ASKED RECEIVER FOR GRAVEYARD — Welch, Who Holds a Judgment Against Sons of Jacob Association, Also Wanted Injunction Against Burials. — JUDGE LAWTON WON'T GRANT RECEIVERSHIP — Recommends the Suspension of Interments, However— $20,000 Railway Case of Catherine Volk Non-Suited. — The litigation between Thomas F. Welch, the holder of an unsatisfied judgment for $2370 against the Sons of Jacob Association, owner of a cemetery in West Roxbury for the burial of persons of Jewish faith, and the association, was before Judge Lawton in the superior court yesterday upon a new suit by Welch seeking the appointment of a receiver for the corruption to wind up its affairs, and to have it restrained from making further interments. After he got his judgment last August he made a levy upon the association's real estate, for the purpose of obtaining payment of his execution, but was prevented from carrying out the sale by an injunction by Gustave A. Loewe and other lot owners, who claimed the proposed sale would affect their rights. Thought after a hearing their bill was dismissed, they have taken an appeal to the supreme court. They base their bill upon the ground that the cemetery cannot be legally sold at a sheriff's sale.

In view of that appeal, which keeps alive the injunction, Welch brought his present suit, but Judge Lawton said he would report the case to the full court, denying the application for a receiver, but suggested that counsel enter into a stipulation that meanwhile no burial rights be given out or lots sold, and that so far as the officers of the corporation could control it. no more bodies be buried in the cemetery. Elisha Greenhood for Welch; Solomon Lewenberg for defendants.

TRESPASS ON BURIAL LOT — Full Bench Decides It Illegal Only Where Land Is Purchased — For disturbing a body buried in a lot, no action lies where a mere license to inter a body is bought; but where the land is purchased for burial purposes then suit for trespass may be maintained. Such was the effect of a decision of the full bench of the Supreme Court today in the case of Edward T. Feeley et al vs. William Andrews, superintendent of Mt. Auburn Catholic Cemetery, for damages for interfering with the remains of their mother, who was buried in a lot in the cemetery. They failed in proof of their action to show that they bought the lot for burial purposes and not merely a license to bury, so their exceptions to a ruling of the Superior Court directing a verdict for the defendant were overruled.

The case showed the cemetery was owned and managed by the Roman Catholic Archbishop of Boston, in charge of the superintendent, and this ownership and control is held to bar their maintaining their suit for trespass to the land or bodies, as they failed to show any rights in the land themselves.

1906 SALAR FOR CUMMINGS. — Mt Auburn Cemetery Trustees Vote Compensation for President—Report on Finance of Year.

The annual meeting of the Mt Auburn cemetery proprietors was held yesterday afternoon in the association's rooms in the Sears building. Annual reports were presented and vacancies in the board of trustees were filled. Prentiss Cummings, president of the board of trustees, presided. There were 103 ballots cast at the meeting, though the majority of them were voted by proxy.

The bylaws were amended so that the president of the board of trustees may be paid a salary, the old bylaws being so worded that this was impossible. The amount of business which requires the president's attention was felt to justify the payment of some compensation.

The annual report of trustees showed that the corporation is in a satisfactory financial condition. The following figures are taken from the report: Received from the sale of lots $8484; repair fund now amounts to $1,391,081, being a trust fund for the care of lots; permanent fund amounts to $490,131,having gained $13,842 during the year; general fund amounts to $222,395, having gained $11,905 during the year. The receipts for the entire year amounted to $182,578, all of which was expended except $29,583. The trustees state that they were obliged to spend $2526 to prevent ravages by the browntail and gypsy moths.

The vacancies in the board of trustees were filled without contest as follows: Franklin W. Hobbs, to fill out the term of the late Joshua M. Sears, which expires in 1908; Jerome Jones, to complete the term of Israel M. Spelman, resigned, whose term runs till 1910; Alfred Hemenway, to complete the term of the late Frank W. Reynolds, whose term is till 1911, and Prentiss Cummings and Charles H. Watson, whose terms expired yesterday, were reelected to serve until 1912.

The superintendent's records showed that the whole number of interments were 35,757, of which 482 were made last year. There were 183 cremations last year. The trustees' report shows that the number of lots sold the last two years has been smaller than usual, and suggests as one of several explanations the growing practice of cremation.

A CEMETERY FOR ANIMAL PETS — Newton People Wish a Proper Burial Place for Cats and Dogs

Last year it was a license for cats and now it is a burying ground, that is asked for, in which the family cat may be placed when its proverbial nine lives are over. Ladies of Newton, interested for their family pets, found stury champions in Hon. Samuel L. Powers, Attorney Blackmore, former Mayor Cobb, W.C. Bates and others at the hearing this morning before the Commitee on Mercantile Affairs, on the bill proposed on petition of Harriet C. Cobb and nine other ladies to incorporate the "Newton Pet Animal Burial Association," for the purpose of acquiring and maintaining land as a cemetery for the burial of household pet animals, whereby it may be noted that dogs are not discriminated against.

Attorney Blackmore, speaking for the petition, said that this is neither a charitable nor a benevolent association, but a cemetery corporation, and consequently it must ask for a special charter. The purpose of the bill is simply to give the cherished pets decent and proper burial. Former Congressman Powers could think of no objection to the legislation proposed, and thought it in line with the human treatment of animals in which Massachusetts always has led. This is not a case of hysteria, but a movement entirely in the interest of humanity and the public health.

Former Mayor Cobb, Mr. Bates of Newton and A.E. Little, in behalf of Dr. Angell, of the Society for the Prevention of Cruelty to Animals, and Rev. Reuen Thomas, D.D., also strongly favored the enactment of the bill. Stoughton Bell, who appeared as attorney for certain cemetery corporations, asked that this bill, if it is to be reported, be properly safeguarded so that the interests of existing cemeteries shall not suffer.

CAMBRIDGE CITIZENS PROTEST — Say Proposed Cemetery on Mt. Auburn Street Would Be Unsanitary — Although the next hearing on the petition of the newly-organized Cambridge Catholic Cemetery Association will not be held until Nov. 27, the protestants against the establishment of the cemetery have begun an active campaign. The land which the new association proposes to use adjoins the site of Cambridge Cemetery, and is directly opposite James Russell Lowell Park on Mt. Auburn street. Many citizens besides those living near by feel that the proposed burying ground is in too close proximity to dwelling houses; and that in any case, taxable property within a mile of Harvard square and within a block of Brattle street should not be withdrawn from the city, whose rate of taxation already is exceedingly high. It is maintained that while a cemetery should offer a suitable burying-place for the dead, the interests of the living also should be protected, especially from the points of view of health and convenience.

It is urged that, quite regardless of sect, no more cemeteries should be allowed in Cambridge and that if the proprietors of Mt. Auburn Cemetery were today trying to buy the land which they acquired sixty-five years ago, for the purposes of burying the dead, they would certainly be denied a license.

The fact that two years ago the city itself proposed to take a part of this land for an addition to its own public cemetery, and that the protests and objections were so overwhelming that the plan was abandoned, seems in the opinion of the protestants to be a reasonable argument against the project.

The objectors do not deny that the associaton of business men who represent the new cemetery association have every right, legal and moral, to open a burying ground reasonably remote from the centre of Cambridge, but they hope that the projectors of the plan will be convinced that the opinion of the community, expressed with no uncertain voice is against the present location.

BOSTON DOCTOR ATTACHES BODY — [Special Dispatch to the Boston Herald.] SAN BERNARDINO, Cal., Jan. 23, 1907. Louis Cohen, a wealthy wholesale dealer of Pittsfield, Mass., lies in a casket in the Wells-Fargo Company office here, embalmed for the tomb; out though the expense of shipping the body is fully prepaid, the company is restrained by a court order from removing the corpse from the baggage room, as it has been practically attached by Dr. Newton E. Heath of Boston, who accompanied Cohen here from Boston and claims $235 for nurse charges.

Heath alleges he was retained by the family of the deceased in Pittsburg to accompany him to California, in the hope that the change would prove beneficial, and he boasts of his success in getting the invalid here alive. Mena Cohen and Harry Skacatsky, relative and financial agent, are made defendants in the suit.

66

ROGER WOLCOTT IS SOHIER'S THEME — Eloquent Tribute Paid to Eminent Son of Massachusetts at Mt. Auburn. — MISS FANNY PARNELL'S GRAVE IS DECORATED — Great Crowds at Cemetery During the Day—Colored Veterans Attend. — Mt. Auburn was the mecca of thousands yesterday.

Early in the day several Cambridge posts sent delegations to decorate graves. By 10 o'clock the hundreds of visitors were drawn by the strains of a funeral march by the military band of the John A. Andrew post 15, Christopher O'Brien commanding, to the open plot before the crematory building. There the veterans of that post, numbering 250 cavalry and infantry, deployed a square formation, under the shadow of the massive granite sphinx erected as a monument to the legion of the unknown dead.

Commander O'Brien made a short address. Lincoln's address at Gettysburg was read by Adjt. Sanborn. The formation was then broken up into squads, which passed through the cemetery and placed 600 flags upon the graves of dead comrades, after which the members reassembled and marched from the cemetery.

A unique feature of the day was the decoration for the first time by any organization of the grave of Fanny Parnell, sister of Charles Stuart Parnell, who died in Glendale, J.J., in 1882, and was buried at Mt. Auburn. The Gaelic school of Boston held a memorial observance.

The Rev. Mr. Ferris made a fervent address. The veterans then visited the graves of Edward N. Hallowell, who succeeded shaw in command; the Rev. Charles T. Torrey, Charles Sumner and the colored lawyer, Ruffin.

Not the least imposing observance of the day was that held at the grave of the late Roger Wolcott by the Roger Wolcott camp, Legion of Spanish War Veterans, at 3 o'clock. The camp was commanded by John J. Pendoley and accompanied by Gen. Blood, Col. Sohier, Col. Jewett, Col. Robins and Col. Stevens, members of the late Governor's staff.

After an invocation by Chaplain Ralph B. Eastman, Commander John J. Pendoley addressed the veterans, after which a beautiful wreath and flower decoration was placed upon the grave. Col. William D. Sohier, a member of the staff of Gov. Wolcott, then delivered the address of the occasion.

Col. Sohier in his address said, in part, first quoting from Roger Wolcott's graduation address at Harvard, in which he dwelt upon the necessity of the educated classes devoting themselves actively to patriotic service:

Never Faltered.

Roger Wolcott's footsteps never faltered from the path which he himself laid out.

He stood among us a conspicuous example of the highest type of character that American civilization can produce.

Enjoying the advantages which wealth, position and education give, all men were his brothers, and he recognized no distinction save that of right and wrong. Truly democratic at heart, all men who were doing their share of the work of the world were equal in his eyes.

His principles remained unchanged by the exigencies and expediences of politics, even during the most strenuous contests of his life.

Never did he allow the end to justify the means.

Never did he forget that this a "government of laws and not of men."

In an appeal which he issued to the citizens of Massachusetts, he well expressed the principles which his own public career typified.

"In the citizen's loyal service of his country there should be neither lapse nor furlough; he is under pledge not merely for his vote, but for the exercise, day by day, zealously and in full measure, of every influence tending to strengthen and purify his party in its principles, its measures, and its men. Though membership in a party implies approval of its governmental theories, a citizen should neither surrender the right nor seek to shirk the responsibility of private judgment and, if need be, of public avowal of his convictions as to the development of those theories in the enactment and administration of the laws."

Foe of Mercenary.

Men will not soon forget his keen suggestion that there is no permanent sanctity in a percentage, his denunciation of the methods and practices of party bosses, his appeal for leadership that would "rally to its standard the recruit and drum out the mercenary."

Gifted with unusual attainments, possessing a pure integrity of character and thought, upright and conscientious almost to self distrustfulness, Roger Wolcott once convined of his duty and of his proper course of action, was absolutely fearless and unswerving.

The sould of the body looked forth from the eyes of the man.

The consideration which alone had weight or influence with him, whether suggested by his most intimate friend or by a party leader, was this: Is he the best man for the place? Is that action right?

That he attained his own ideals is shown by the unanimous testimony of those highest in the state and nation.

When he died, Secretary Long said:

"He is a personal and public loss. His loss had been so noble, his service so true, his standards so high, his promise for the future so great, that it is a bereavement not only to his friends but to the old commonwealth of which he was so bright an ornament and representative. No man was left a finer example of the gentleman and the patriot."

Senator Hoar that:

"He was a stainless gentleman, a fine public speaker, and a very able executive officer. There was something irresistibly attractive in the manly beauty of his face and his noble figure. He was of a type and character of which Washington was a peerless example—simple and modest, quiet and conservative, but capable of great energy and activity when need was. He always reminded me in the simple beauty of his character of a beautiful, clear and flawless crystal."

Gov. Crane that:

"His work in every relation of life was well done. He was not satisfied with performance unless it fulfilled the tests of efficiency and merit. He brought to the discharge of official duties high aims, conspicuous ability, pure motives and an honesty of purpose which was never criticised or questioned."

Senator Lodge said:

"We can say with truth of Roger Wolcott that he is most highly to be praised and most fondly to be remembered for what he was, rather than for what he did. Greater honor hath no man than this, to be loved and honored and held in memory not so much for the deeds he did, or the great places he filled, or even for the work he wrought, as for what he himself was as a man."

Thus did our foremost citizens bear witness to his character and achievements.

Personal Note.

And now may I touch a personal note —personal to me and I believe to every citizen of Massachusetts. It is especially so to hose of us to whom was given the inestimable privilege of serving our grand old commonwealth under him and for him.

To all such his character and personality were an inspiration. The purity of his motives inspired every one with whom he came in contact.

It was not only state officials and soldiers, but every citizen.

The newsboys on the Common, to whom he bowed on Sunday mornings when they lined up to salute him.

The Grand Army veteran, whom he helped on to a street car and to whom he said that he would value more the legal right to wear the bronze button he wore than all the honors that he himself had received.

The brakeman, who was pushing through the people to get on a crowded train, but who, on reaching Gov. Wolcott, stopped and saw him first help on all the women and children then wait until all who were in a hurry got on, and finally got on himself. He said he thought he had been a better man and had had more consideration for others ever since.

These and thousands more who contributed their mite to the Roger Wolcott memorial had their personal memories to express.

Memorial in Fall.

The memorial will be placed in the State House next fall, to evidence their love and admiration for him, as well as to commemorate the Massachusetts men who so ably served their country during the war with Spain.

Not for an instant, night or day, did his hand falter or his thoughts wander from that duty, harassed though it was by private grief and trouble.

In the field, in the camp, in the hospitals and homes his thoughts were always with the Massachusetts men who were enduring danger and hardship for the commonwealth he loved.

His voice it was that bid them godspeed. He it was that met them on their return and said "Well done" in the name of the commonwealth.

He went among them in the hospitals; stood by their cots, gentle and sympathetic as a woman, strong and ecouraging as a man.

The recollection of his gracious, stately figure among the sick, the wounded and the dying, bringing hope and comfort with the authority of high place and the tenderness of love, will ever be one of our cherished memories.

May his highest ideals be attained. May we hear in the stillness of his cemetery the "'boice that cometh from behind'—from the grave of the buried past, saying, 'This is the way, walk ye in it,'—the way of devotion to country and to principle, the way of hardship and self-sacrifice, the way of life through death."

To the end that we may be inspired by his example and prove ourselves worthy of his trust, so can we best honor our commander who honored us.

At the conclusion of the address all joined in singing "America," after which the buglers of the camp impressively sounded taps and the camp took up its return march.

DR. RICHARDSON LEAVES HOSPITAL — Lying-in Hospital Corporation Highly Commends His 34 Years' Work. — Deep and lasting obligation to Dr. William Richardson for his 34 years' work as visiting physician at the Boston Lying-in Hospital on McLean street was voted by the corporation of that institution yesterday afternoon at its annual meeting.

The acknowledgment was called forth by a letter in which Dr. Richardson resigned his position at the hospital.

The corporation voted to accept his resignation with great regret. It was chiefly through his efforts in 1872 that the hospital was reopened for the reception of lying-in patients. He secured the co-operation of Dr. Henry Tuck, and the two became the first physicians. Since the start, with a single dwelling house, the hospital building has been increased in space more than fivefold. The number of house patients treated each year has grown to nearly 800, treated by an experienced and devoted staff and by a large corps of assistants under direction of the first matron, Miss Higgins, who still remains superintendent.

Dr. Richardson will continue to labor to promote the interests of the hospital.

The corporation elected these officers: President, Nathaniel Thayer; vice-presdent, Henry H. Sprague; treasurer, James R. Hooper; secretary, E.D. Sohier; trustees, E.H. Baldwin, Dr. William L. Richardson, Oliver Ames, Charles W. Hubbard, Wallace L. Pierce, Walter Hunnewell.

The cost of carrying on the hospital during the year, a fourth raised by subscription, was $26,000.

HARVARD '36 MAN 90 YRS. OLD

Cambridge, Dec. 31.—Rounding out a full life-time, two decades more than the biblical three score years and ten, Israel Munson Spelman yesterday passed in contentment and the serenity of deeds well done his 90th birthday anniversary, and many friends and neighbors called at his pleasant home, No. 62 Spark st., to extend their felicitations.

The fact that Mr. Spelman is, so far as known, the oldest living graduate of Harvard university, and that he is spending

[black and white photograph of Israel Munson Spelman with caption ISRAEL MUNSON SPELMAN.]

his remaining years under the shadows of his alma mater, lends added interest to the anniversary. Mr. Spelman was graduated in the class of 1836, and the Harvard librarian has for years been seeking traces of Samuel Gray Ward, also of the class of '36, of whom all trace has been lost for more than a quarter century. He was last heard of in Washington, D.C.

Mr. Spelman is in full possession of all mental and physical faculties, and yesterday took his daily promenade on his spacious piazza with a springy step and full vigor. He does not carry a cane and uses glasses only when reading. He has never used tobacco and has taken stimulants under the doctor's orders but not beyond that. He is enjoying all the comforts of life, the reward of years of activity and lively public interest, and his home is filled with antiques, old boxes, paintings and pictures and rare tapestry work.

For many years Mr. Spelman has been closely identified with railroad and financial interests, and for a long time he was active in the management of the Boston & Maine R.R., first as a member of the board of directors, and later as president of the system, which office he filled during the civil war period, inaugurating the necessary changes demanded by the needs of the times.

THE VALHALLA OF NEW ENGLAND.

The illustrated article on Mt. Auburn in the June New England Magazine is notable for its presentation of the prominent features of that burying ground. One goes in this city to Copp's Hill or the Old Granary burying ground or to the burial place around King's Chapel for the resting places of the notable departed of two centuries ago, but the homes of the departed from Boston for the last hundred years are chiefly to be found at Mt. Auburn. They have rapidly gathered there in the last fifty years, and this article brings out in a striking light the prominence of Mt. Auburn in the life of New England for the generation that has just gone. Except that Concord contains the resting places of Emerson, Hawthorne, Thoreau, Alcott and Mulford Mt. Auburn has more of the distinguished men and women resting in its sacred inclosure than any other part of New England, in every notable walk of life.

One of the first persons to be buried in Mt. Auburn was Hannah Adams, who was the first American woman to make literature her vocation and another of the early notable ones was Dr. John G. Surzheim. Still another was the eminent Universalist, Hosea Ballou. There was a time when the great ones of Boston were rapidly gathered into this harvest field. Washington Allston is buried near to Dr. Channing. Anson Burlingame, Dorothea L. Dix, John Pier pont and Dr. S. G. Howe are names familiar to every one. The graves of Agassiz, Everett, Choate, Sumner, and Robert C. Winthrop are places where pilkgrim feet like to wander, but it is to the resting places of Longfellow, Lowell and Holmes that the pilgrimage is more frequent, and the path is most worn to the grave of Phillips Brooks. There are many tablets to indicate that persons should have been buried here who have died elsewhere. The tablets to Motley, to Margaret Fuller Ossoli and to Robert Gould Shaw are eloquent in their silent expression. The graves of Francis Parkman, of Jacob Abbott, of James T. Fields, of N. P. Willis, and of his sister, "Fanny Fern," of Jared Sparks, of President Felton, of John Murray, the American founder of Universalism, of Worcester the lexicographer, of Palfrey the historian, of Charlotte Cushman, and of Mrs. Hemenway, are places where one likes to read with reverent step. Dr. Asa Gray and Prof. Horsford and Edwin Booth are also persons whose resting places no one will forget.

It is not surprising that few persons who visit Boston are satisfied until they have been to Mt. Auburn. We have no Westminster Abbey in New England where we can bury our dead in an historical sepulture, but nature has done for Mt. Auburn in the growth of forest trees even more than the hand of man has done in Westminster to make the place beautiful and attractive. We can never think of the great ones departed as entirely gone when their bodies are resting in the old burial places in Boston and in Mt. Auburn. These notable men and women have consecrated these places forever, and generations yet unborn will flock to Boston and Cambridge to look with their own eyes upon the places where the bodies of these great ones have turned to dust. In this sense the departed are still with us, and much of the charm of life in Boston is due to the traditions of these men and women who have made life brilliant and remarkable in other days. This part of New England stands in the eyes of the whole country for an antiquity and an intellectual character which made it for a long time the most notable spot in America, and nothing could exceed the joy of both pilgrims and natives when the ancient burial places in the heart of the city were thrown open to the public a year ago. The grass has not yet grown again in front of Paul Revere's tombstone, but thousands of men and women have been thrilled with high emotion as they stood by it and by the gravestones of other noble ones in our earlier history. There is something in these sacred inclosures which touches the hearts of men to the quick, and they will never lose their attraction.

AT MOUNT AUBURN.

Ground has been broken and foundations laid at Mount Auburn for the new chapel which is to be built near the gate. Memorial Day always taxes our cemeteries to their limit, but before another Memorial Day the chapel will probably be completed, so that the thousands of people on foot and in carriages will find better means of entrance and exit.

All the world has become accustomed to think of Mount Auburn more or less as a burialplace of the past, or at least as one where there are in the present comparatively few burials except of members of families who already have burial lots in the famous cemetery.

Visitors on Memorial Day or other recent days must, however, have noted the increase of territory through recent acquisitions made by the others of the Mount Auburn corporation, and have realized that there are wide spaces still in the great enclosure where rest so many of the eminent dead. For private and for public service there are changes which are noteworthy. The introduction of the use of the tent to be placed above an open grave when an interment takes place in bad weather is an innovation commendably humane. How often have those who were mourning their dead been exposed to wild weather at the burial hour! Respect, devotion, affection have caused many to meet their own deaths, after standing with heads bared during prayers or while the service of commitment was being read they have gone back to their carriages and driven home to die from the exposure. The use of the tent prevents all that. And nowadays in storm or sunshine it has become customary at burials to cover the gloomy mound of broken earth, before the grave is filled in, with evergreen boughs and with palms.

An article by Mr. Frank Foxcroft in the New England Magazine for June gives the history of Mount Auburn from the founding, more than threescore years ago, unto the present. There werea about seventy-two acres in the tract originally purchased by the Horitcultural Society and dedicated with ceremonies wherein an address by Joseph Story and a hymn by John Pierpont were integral parts. There are now one hundred and thirty-six miles of avenues and paths, and there has been, of course, almost from the first an entirely separate corporation to attend to the worldly affairs of Mount Auburn.

The "permanent" fund, the "repair" fund and the "general" fund in trust for its perpetuity amount to nearly a million dollars, and the income of these funds will provide for the care of such lots as are under perpetual care as well as for the avenues and paths, and the further beautifying of the grounds. Mount Auburn promises, therefore, to become lovelier as the years go on. Mr. Foxcroft's article contains a most interesting correction, which is also a testimonial to Hannah Adams, the first American woman to make writing her vocation. He says that she was not, as her monument has it, "the first tenant of Mount Auburn," but the eighth. Her greatest claim to remembrance is that she helped by petitioning Congress to secure the law protecting authors in copyright for their publications, having made a losing bargain with a publisher with some of her own writings. To her grave and those of many another more famous the pilgrim to Mt. Auburn is drawn. How many there are! Edward Everett, Charles Sumner, Robert C. Winthrop, Longfellow, Lowell, Holmes, Agassiz, Parkman, Felton, Charlotte Cushman, Mrs. Hemenway, Edwin Booth, Phillips Brooks—these are but a few. It is on Mimosa Path in the old family lot, where his mother and father lie, that Phillips Brooks is buried. A modest stone of white marble marks the grave. On it are inscribed the name, the dates of birth and death, and the dates of his service as rector of the Church of the Advent and the Church of the Holy Trinity, Philadelphia, and Trinity Church, Boston, and as bishop of the Diocese of Massachusetts. There is also the inscription, "Him that overcometh I will make a Pillar in the Temple of my God." The grave is rarely without flowers.

IT is proposed by his army comrades to place on the grave of Col. Charles Russell Lowell at Mt. Auburn a sham floral wreath made of metal and porcelain, and which, the inventor says, will always look natural in spit of time and weather. Horrors! Are the family and friends powerless?

THE TRUE BOSTONIAN

A soul from earth to heaven went, To whom the saints, as he drew near, Said: "Sir, what claims do you present To us, to be admitted here?" "In Boston I was born and bred, And in her schools was educated; I afterward at Harvard read, And was with honors graduated. 'In Trinity' a pew I own, Where Brooks is held in such respect; And the society is known To be the cream of the select; In fair Nahant—a charming spot— I own a villa, lawns, arcades; And last, a handsome burial-lot In dead Mount Auburn's hallowed shades." St. Peter mused, and shook his head; Then, as a gentle sigh he drew, "Go back to Boston friend," he said, "Heaven is not good enough for you."

ROYAL FELLOWSHIP OF DEATH. — Boston Herald Oct 17/1885 The Dramatic Dead Interred in Mt. Auburn. — Last Resting Places of Once Bright Lights. — "I Knew Him Horatio; a Fellow of Infinite Jest." — All classes and conditions of men—the statesman and the scholar, the merchant and the man of means, the artist and the artisan —find their last resting place, and sleep the sleep that knows no waking, amid the quiet retreats and the rural splendors of the most renowned of our suburban cemeteries, Mt. Auburn. The dramatic profession is most notably and most worthily represented there, and the dust of the players mingle with that of the bright lights of our pulpit. In more respects than one, the lion and the lamb have lain down together, and, at the last day, who shall tell who will find the greatest favor in the eyes of the Master, the poor player, who made no professions, but yet did his best, according to his own lights, or the professed religionists, who, in too many instances, alas! fell so far short of their professions? Who here shall judge between them? "What manner of man art thou that judgest! To his own master shall he stand or fall."

The First Member of the dramatic profession buried in Mt. Auburn was Harriet Faucit Bland, the wife of Humphrey W. Bland, an English actress of unquestioned talent, who made her first appearance in this city as the leading actress at the Federal Street Theatre, when it was under the management of Oliver C. Wyman. Subsequently she appeared at the Lyceum Theatre when under the joint management of her husband and John Brougham. She was a sister of the more noted Helen Faucit, who long since retired from the English stage, and became the wife of Sir Theodore Martin. Mrs. Bland died on the 5th of November, 1847. Her remains were buried in grave No. 36, in St. James' lot, but there is nothing to mark the distinctive spot.

From the main entrance to the cemetery, proceeding up Cedar avenue, and almost at its junction of Walnut and Poplar avenues, we came to lot No. 65, on which stands the tomb of the late

William Pelby, whow as without doubt the first native member of the dramatic profession who was buried, or rather let us say entombed within the cemetery. The portals of the tomb are made of rough and heavy blocks of granite. At the foot is the single word "Pelby," while at the top, on a marble slab, are insculpt the words of the mother of Hamlet:

"All that live must die, Passing through nature to eternity."

There is nothing but the family name to tell us who rests within, but the records show us that William Pelby died on the 28th of May. 1850. He was a native of Boston, and was born on the 16th of March, 1793. We have no knowledge of where Mr. Pelby first made his appearance on the stage, but as early as the 26th of November, 1821, we find him in Philadelphia playing Macbeth. Not long after this he visited Europe, returning from whence he became the manager of the Tremont Theatre in 1827, and subsequently of the Warren and National theatres. His career here in his native city was a bright one, and is familiar to all the older theatregoers. He was a most excellent actor, of great versatility, but his voice was somewhat against him, and on that account his great dramatic talents did not receive that meed of appreciation which was so justly their due. At the time of his death he resided on Green street, midway between Bowdoin square and Leverett street. Following him not long after came his famous daughter Ophelia (Mrs. Anderson), who was born in Baltimore, and died in Roxbury on the 25th of January, 1852. She made her first appearance on the stage in 1815, at the Federal Street Theatre in this city, as Cora's child in "Piz zaro." For a time she was connected with the theatres here, then went to Philadelphia and Baltimore, subsequently returning here, where, under her father's management, she became a great and deserved favorite. She was a beautiful woman, an actress of more than ordinary ability, and, had her life been prolonged, would well-nigh have been second to none in her profession. Here also rests, after a somewhat stormy life, a younger daughter, Julia, born in this city on the 3d of July, 1832, and died in Malden on the 8th of December, 1866, from the effects of an overdose of [?], which was taken to ease the pain occasioned by a fall. She made her first appearance on the stage in Lowell, on the 18th of April, 1851, and during the same month mader her first appearance in Boston, at the new National Theatre, as Madeline in "The Child of the Regiment." Subsequently she visited California, and while there, in July, 1858, became the second wife of Jacob W. Thoman, who is now an inmate of the Forrest Home in Philadelphia. She had talent to a certain degree, but never could have aspired to the position attained by her more talented sister. Mrs. Pelby, mère, does not rest beside her husband and children. She died suddenly in 1857 on board the steamship Northern Light, when one day out from San Juan, on her way home from California, and was buried at sea. She was a woman of a commanding presence, and beside being a thoroughly accomplished actress, was a superior artist in wax. "Mrs. Pelby's wax figures' had a world-wide celebrity.

Directly in the rear of Martin Millmore's sphinx, we come to Allanthus path. A short distance in, on the left hand side, we reach a small triangular lot, numbered 1767, in which repose all that is mortal of

James R. Vincent, the first husband of the esteemed Mrs. J.R. Vincent of the Boston Museum. Over the grave is a modest and neat headstone, with this inscription:

J.R. Vincent, Died June 11th, 1850, aged 41. This tablet inscribed to his memory by his affectionate wife.

"Thou art gone to the grave, but we will not deplore thee, Whose God was thy ransom, and guardian and guide, He gave thee, he took thee, and he will restore thee, And death has no sting, for the Saviour has died."

A trimly kept and luxurious running vine covers the grave, which gives evidence of being tended by kindly hands, and watched with loving memories. Poor Vincent's fate was a sad one. He came to this country from England in company with his wife, and was a member of the National Theatre stock company under the management of Pelby. He was a comedian of more than ordinary ability, and a prodigious favorite with his audiences. Affected by temporary insanity, he committed suicide by shooting himself. Lot No. 1358, almost directly opposite on the same path, is the property of George C. Howard—"Howard and the Foxes"—and has added interest, inasmuch as it is the burial place of

Humpty-Dumpty Fox. He is surrounded by others of his kindred, and on the headstone we read:

G.L. FOX, Died Oct. 24, 1877.—Aged 52 years.

"I knew him Horatio; a fellow of infinite jest of most excellent fancy." It is unnecacessary to speak of his dramatic abilities, as they are patent to all. We are inclined to think that it was never his intention to have taken up the life of an actor as a permanency, but that he drifted into it as by accident. So long back as 1844 we were employed with him in the tailoring establishment of West & Allen on Dock square. George held a somewhat important position, being entrusted with the duty of fitting up the trimmings for the various garments ordered, and sending them out to the different workmen and women. In the store he was the soul of mirth, and the very embodiment of fun. Yet in those days, albeit he used to go out of a night to places in the vicinity to assist at an entertainment given by members of his family, he evinced no love for the stage, and we have often heard him say that he much preferred a mercantile life to the allurements of the sock and buskin. But whatever man may propose, 'tis certain 'there's divinity that shapes our end." Trade lost what would have undoubtedly proved an ornament, but the stage gained a shining light. It is certain that he was an actor by instinct. He was a native of this city, and though he made his first appearance on any stage at the Tremont Theatre in 1830, when he was five years of age, as one of the children in "The Hunter of the Alps," for the benefit of Charles Kean, it was not until he was 25 years of age that he made up his mind to become permanently an actor, and made his first appearance before a New York audience with that marvellous success every one knows. At the President's call for volunteers, he served in the three months' troops as a lieutenant in the 8th New York regiment, and took part in the first Bull Run fight. Near him, and underneath a graceful monument, lie the remains of his only child, Emily Caroline Fox, by his first wife (for he was twice married), who died on the 12th of February, 1861, aged 13 years. Not far from him rests his brother, Charles Kemble Fox—"old one two"—who deceased on the 17th of January, 1875, in his 42d year. His father and mother, who made much merriment in their day, as being at the head of the Fox family, lie within the inclosure.

Lot 3850 on Larkspur path, which winds round a beautiful dell, is the property of that sterling actor William J. LeMoyne. In it several of his relatives are buried, but he still survives, a prime favorite—and long may he continue.

On Wisteria avenue, at its junction with Agave avenue, under a cluster of hickory and oak trees, in a most romantic location, repose all there is left of that gifted woman and queen of song

Mme. Rudersdorff. It seems almost yesterday since she was with us, and her impression on musical art in this city is till strongly felt. A large granite boulder marks her place of sepulture, on which is carved "Erminia Mansfield Rudersdorff, died Feb. 6, 1882."

Lot 2621, on Acorn path, is the lot of The Field Family, and here lie buried some of the brightest and most interesting members of the dramatic profession. First is that capital comedian, Joseph M. Field, a native of England, but who died a citizen of this country. He was a peer among wits and an equal among actors. One of the most accomplished among actors, and warmly remembered in this city, where he had troops of friends. Who shall ever forget his Hawksley in "Still Waters Run Deep," the best part he ever played here? The inscription on his headstone says:

Joseph M. Field Born in 1810—died in 1856. "Thy will, O God, not mine, be done."

The exact date of his birth we do not know, but his death occurred in the city of MObile on the 28th of January, in the year above mentioned. Resting beside h im are the remains of his wife. The legend on her stone says:

Eliza Riddle Field. Died at sea, May 26, 1871. True as a daughter, sister, wife, mother, friend and artiste. "He giveth His beloved sleep."

To us here in Boston, as carrying with it a greater interest on account of the greater closeness of associations, is the grave of her sister, so well known professionally as Mrs. William H. Smith. On her headstone are these words:

Sarah L. Sedley. Born Aug. 27, 1811—died Sept. 26, 1861. "There is another and a better world."

And what an accomplished actress she was and indeed how talented were all the members of

The Riddle Family.

2

Mrs. Smith had the most wonderful versatility. There was no branch of her profession whatever that she could not worthily fill, no round of characters that she could not adorn by her consummate talent. In her life she was one of the greatest favorites that ever was in this city, and in her death the memories of her are sweet. It was not long before her death, on the 1st of February, 1861, that she took her farewell of the stage as Dolly Lovechild in "The Christening" at the Howard Athenaeum to one of the finest audiences ever assembled in a theatre in this city. There was an air of sadness about the performance, notwithstanding the fact that Mrs. Smith's exuberant spirits, although the hand of disease was heavy upon her, would at times break out and evince the great superiority of mind over matter. Each individual of the audience seemed to feel as if he or she were bidding a long farewell to a beloved friend. At the close of the comedy she was again and again called before the curtain, and, "though often took leave, was loath to depart." Her adeius were feelingly spoken for her by the manager, Edward L. Davenport, and she at length took her final leave, the tears streaming down her face, as she was led from the scene of so many and so great triumphs. Something more than seven months subsequently she was laid in her grave. At her funeral there was a notable gathering of pro fessionals and non-professionals, all of whom were her admirers. Edwin Forrest came expressly from his home in Philadelphia to attend her obsequies. When he entered upon the life of an actor in the West the Riddles were then members of the same company, and to them the future same company, and to them the future Alcides of our stage was indebted on many occasions for comfort and sympathy. He was not unmindful of his early obligations, and we may add his early love, for there can be no question that Mrs. Smith was the object of his first passion, boyish though it may have been. It is to this name that J.H. Rees— "Colly Cibber"—in his life of Edwin Forrest, undoubtedly refers when he says: "There are associations formed in early youth which, ere manhood erases them from memory, are stronger than all the arguments of the more advanced or experienced. The Riddle family were talented, and one of them was young and beautiful. There is a certain romance connected with the profession of an actor which throws around him a charm pleasing to the eye of youth and beauty; and thus when, as one family, they had travelled and suffered together, it deed indeed seem hard to separate; and thus it was that Forrest determined to break his engagement with Caldwell." Forrest was at that time about 16, while the objected of his attachment must have been in her 13th year. Well, she is gone—may the earth rest lightly on her. In the lot there is still another tombstone, having on the face the words, "Our Mother." On the reverse is the following:

Mrs. Mary Riddle. Died December, 1841—aged 52 years. "Farewell, mother, There are no tears in heaven; but give us Who are still lingering in the trial place Your prayers, your prayers."

In grave No. 223, in St. Paul's lot, situated on Spruce avenue, reposes the dust of William Henry Sedley, professionally known as William H. Smith, the husband of Sarah L. Riddle. He was one of the most perfect light comedians and juvenile tragedians who ever graced the Boston stage, and a most accomplished stage manager, as his years of service at the Museum will well attest. He had separated from his wife years ago, and after her death married for a second wife a Miss Lovell, a daughter of the late Rev. Stephen Lovell. He died in San Francisco on the 17th of January, 1872, and his remains arrived here in the following September. For a time they rested in the Museum dramatic lot, but when that place of interment changed hands they were removed to their present resting place. By the great majority of theatre goers it is believed that he was the author of "the great moral play," "The Drunkard." But this is not true fact. He whipped the piece into perfect dramatic shape, and no more. "The Drunkard" was the original conception of Mr. [M?] Kimball, and he employed, to do the literary work, one William Comstock, a New York writer of some note in his day. When [?] [man?]uscript was completed it was instrust[ed?] [?] who put the scenes into proper [?] Rev. John Pierpont was at times mentioned in connection with the authorship of the piece.

In the lot of John T. Kelley, No. 3356, on Anemone path, is buried his sister, Lizzie Emmons in her day a pleasing "walking lady," who appeared at several of our city theatres. SHe died on the 25th of August, 1863, in her 25th year. The lot immediately adjoining is The Property of Edwin Booth. In it two gravestones are erected, one, which is a beautiful piece of work, the centre of the stone representing a cross in full relief entwined in a running spray of laurel and ivy, is erected to the memory of his first wife. The inscription on it reads:

Mary Wife of Edwin Booth, Born May 19, 1840. Died Feb. 21, 1863.

"The handful here, that once was Mary's earth, Held while it breathed, so beautiful a soul, That when she died all recognized her birth And hid their sorrow in serence control.

"Not here, not here," to every mourner's heart, The wintry wind seemed whispering round her bier, And when the tomb door opened with a start, We heard it echo from within 'not here.' "

The other stone, which in size corresponds to the grave it covers, bears on it the words: "Edgar, infant son of Edwin and Mary E. Booth, died July 4, 1870." This was a son by the second wife. The first Mrs. Booth, it will be remembered, died in childbirth, bringing into existence the daughter of the tragedian, Edwina, who so recently was married. At the interment of his wife Booth's "grief bore such [?] emphasis, whose phase of sorrow conjured the wandering stars and [make?] them stand like wounded hearers," that many of his friends for a time feared for the perinanency of his reason. It was a second Hamlet at the grave of another Ophelia. Time, however, assuaged his grief, and in time he took unto himself a second wife in the person of Miss Mary McVicker, who died a few [?] since.

In lot 4042, on Kalmla path, is buried Dr. Joseph S. Jones, dramatic author, actor, manager and physician.

In lot 4783, on Cyclamen path, rest the remains of Thomas B. Glessing, for several seasons the scenic artist at the Boston Museum, a native of London, Eng. who died on the 30th of September, 1882, at the age of 64.

Ann Jane Barrett. On Elm park stands the lot sometimes known as the lot belonging to the Boston Museum Dramatic Fund Association. It has passed into the hands of strangers, and is in an uncared for condition. In it moulder the remains of the finest comedy actress this country ever produced, or perhaps is likely to produce, and who, as far as the higher walks of comedy were concerned, it is safe to say never had a superior on the English speaking stage. Over her remains is a somewhat pretentious stone, having sculptrued on it in bas relief a representation of the apotheosis of Marguerite, and this inscription:

"Ann Jane Barret, Born May 4th. 1801. Died December 22d, 1853. Her remains rest beneath this monument, erected to her memory, 1856, by many friends.

Then follows this garbled quotation from Shakespeare's "Cymbeline":

"With fairest flowers We'll sweeten they sad grave. Thou shalt not lack The flower that's like they face, pale primrose; nor The azured harebell, like thy veins; nor leaf Of eglantine, not sweeter than they breath."

Words are but breath, and now often the performance falls far short of the promise. No fairest flowers deck the grave, and there is not the faintest sign of the primrose, the harebell or the leaf of eglantine over the grave of her who, when she was buried, had buried with her the perfect representations of Lady Teazle, Miss Hardcastle, Juliet, Rosalind and hosts of other characters. The playgoers of the present day may go into ecstasies if they will—and who shall deny them?—over Mary Anderson and Ellen Terry and Margaret Mather, but oh! that they could have but one night only of Ann Jane Barret. She was a native of Philadelphia, and her maiden name was Henry In her 16th year she was married to W.C. Drummond, a dancer, and having borne him two children, was divorced from him on the ground of illtreatment. On the 24th of June, 1825, she was united to George H. Barrett, "Gentleman George," from whom she was also divorced in 1840, on the grounds of infidelity. She was a beautiful creature, and Fanny Kemble pronounced her "a faultless piece of mortality in outward loveliness." In her younger days it was said of her by a competent critic, "in the lines of gay, graceful and refined comedy, and the gentler grades of tragedy, the lady has seldom been equalled." Unfortunately, she had acquired a craving for stimulants, which for years she took in season and out of season, and through their influence was many times reduced to the lowest stages of degradation. Finally, through the gentle influence and the kindly ministrations of friends, she was restored to the stage and society and at the Museum, where she principally played, renewed her former triumphs, and added to an already well established dramatic reputation. "Those who would know what Mrs. Barrett was like in appearance so late as her 50th year should gaze on her portrait, which hangs in the Museum. Another stone in the lot is inscribed "Arthur D. Warne, Actor, died Aug. 19, 1868, aged 23 years. For stinted fortune, heaven gave amends, denied him wealth, but made him rich in friends." Another stone reads, "Samuel S. Lake, Comedian, died July 2[?], 1859, aged 35 years. This stone is erected by 1860 by his brothers and sisters of the theatrical profession." Still another stone bears on it these words: "George Harrison Finn, second son of Henry J. Finn, died Oct. 17, 1854, aged 21. We will have cause to mourn the dimming of our shining star." Poor George. He was a gentle spirit, and a young man of marked dramatic ability. His star was dimmed all too soon, indeed.

In the Childs' lot, 2270, on Mistletoe path, is buried Thomas Comer, Musician and Actor, genial gentleman and firm friend, who died at the old Bromfield House in this city, on the 27th of July, 1862, and was buried on the 30th. He lies beside his wife, who was a Miss Childs. The lot wherein he reposes in an underground tomb, and, save the record of his interment, which is kept by the superintendent of the cemetery, there is not a single letter to mark the place of sculpture of "Honest Tom Comer." He was born in Bath, in England, in 1790, and at his death was 71 years and a trifle over 7 months of age. In the rear of the tower, almost on the highest ground in the cemetery, marked by a tall and graceful granite shaft, and bearing the simple inscription:

Charlotte Cushman, are interred the remains of the most gifted tragic actress that America has known, and who, perhaps, had no superior in the famous Sarah Siddens. This lot was selected by Miss Cushman herself as her place of burial. It overlooks Boston, the city she loved so well, and in which, so she said at the Globe Theatre on the occasion of her final retirement from the stage, she "had rather be born than in any other place on God's heritage." Miss Cushman, it will borne in mind, died at the Parker House on the 18th of February, 1876.

In lot 3814, on Halcyon avenue, overlooking Halcyon lake, a most beautiful locality, is the lot of the late Charles T. Green. In it is buried Mary Anne Marshall Greene, (professionally known as Mrs. Marshall), who died on the 19th of April, 1867, aged 41 years. Bringing up the saddest rememberances is the grave of her daughter Oriana, who rests close beside her. On an elegant tombstone is chiselled:

Oriana, Wife of Frank Hardenburgh, daughter of Harrison and Mary A. Marshall, born June 13th, 1845, died November 18th, 1862. Infant son Charles Frank, "Yet a little while and the world seeth me no more; but ye see me, because I live. Ye shall live also."

At the foot of the grave is a smaller stone, surmounted by an emblematic lamb, and having for inscription the words, "My Wife and Son. God rest their souls." The sweet Oriana. She was as gentle as she was beautiful, and as good as she was gentle. She, too, died in childbirth. Her offspring was buried with her, and the double loss no doubt led to the unseating of her husband's reason.

William B. English. On Saffron path, in lot 3526, a goodly sized tombstone attracts the attention. On it is carved the inscription: "My husband, William B. English, died July 15, 1864, aged 52 years. Come and see where we have laid him." Though never an actor, he was some time the lessee and manager of the National Theatre in this city, and he was, moreover, a journalist of much repute.

Lucille and Helen Western. Beside him is interred Lucille Western, and a tasteful stone records, "Lucille Western, wife of James H. Mead; born Jan. 8, 1842, died Jan. 11, 1877, aged 35 years." Her sister, Helen Western, rests in the same lot, but without a memorial of any kind over her remains. She was born in 1843, and died on the 11th of December, 1868.

Close by on Saffron path, that genial comedian, James H. Ring, is buried. He died on the June 17, 1882.

That most excellent actress, Melinda Jones, whose maiden name was Tupping, was the wife of George the Count Joannes. She died and is buried in the lot of Mrs. William L. Bonney, No. 3821, on Amarinth path. She was 60 years old.

William Henry Josephs, professionally known as Harry Joseph, is buried in grave No. 235, in St. Paul's lot. He died on Columbus avenue in this city on Sunday night, the 5th of September, 1880, and was 31 years 2 months and 26 days old. At the time of his decease, which was sudden and of heart disease, he was connected with Rice's "Evangeline" company, and had been sustaining the part of Catherine.

To this long list of worthies who have illustrated the annals of our stage should be added the name of Orlando Tompkins, the latest theatrical tenant of this city of the dead, whose long proprietary and managerial connection with the Boston Theatre certainly entitles him to consideration and status among the servants of the drama. He lies buried in lot 1239 on Pine avenue, quite close to the gate of entrance. He died Nov. 29, 1884.

The above, so far as it is possible to ascertain, completes the list of dramatic dead who are buried in Mt. Auburn.

CREMATIONS IN PARIS — An Average of Twelve Bodies Reduced to Ashes Daily — A Paris letter to the New York Sun says: The municipality has just completed the second arcade of the great columbarium at Père la Chaise, thus doubling its facilities for the reception of the ashes of cremated persons. When cremation first became fashionable, in 1882, it was thought that a building providing niches for three thousand urns would be sufficient for many years, but before the end of the decade the space was entirely exhausted. Another building was erected and that, too, soon became filled. It was then seen that cremation and taken a strong hold upon the people and that some definite plan must be made to keep pace with the progress it was making; then the columbarium was decided upon.

The two arcades occupy two sides of the rectangle in which is situated the great stone crematory. The location is just south of the Mussulman Cemetery and mosque in the new part of Père la Chaise, and not far from the Menilmontant entrance. The structures are identical, being open on one side and closed on the other, and each is about 250 feet long by twenty wide. The closed sides are taken up by the niches, of which there are ten tiers, beginning at the tessellated flooring and running to the vaulted roof. There are many thousand of these niches in each arcade. When an urn is deposited in a niche the entrance is closed with a slab of marble, which seals the opening hermetically. All that is to be seen, then, are these rows of slabs, upon which are inscriptions similar to those upon gravestones, except that they are as a rule much simpler. In most cases there is nothing but a name, with the date of birth and of death. Some are fancifully decorated, especially those of artists, the brother craftsmen spending hours of love in the last tribute. The small space allowed to each niche is a serious hindrance to the taste for decorating graves with artificial flowers and wreaths made of purple-glass beads, which the French have in common with all Continental peoples. They try to keep up the custom just as if the niches were graves, with the consequence that upon an occasion like All Saints' Day, niches, slabs, and, in fact, the whole wall of the arcade are buried from sight in the [?] of decorations, which are sometimes three feet deep, and always in crowded confusion.

For the last three or four years the number of persons cremated in Paris has been about one-thirteenth of the total dead. The statistics for 1895, the last year available, show: Total deaths, 58,950; burials, 50,231; incinerations, 4180; dissected in hospitals and medical schools, 4539. In 1894 the number of persons cremated was 3992; and in 1896 4302. For the eleven months of the present year the number also exceeds 4000. Since 1882, when a law was passed permitting a person to determine how his body should be disposed of after death, nearly 30,000 persons have been cremated in Paris.

It has been contended that one of the principal causes of the growth of cremation is the expense of being buried decently in Paris, but that is only a part explanation. Funerals, in common with most other things, are regulated by the Government in France. The business of conducting them is a monopoly, licensed and taxed by the State. A single company has the concession for all Paris, and from it the Government gets a large revenue. One may be buried only by this company, as there are no other undertakers. A private burial is illegal, and should one be contemplated the body would be seized and the responsible persons be thrown into prison. This one company settles everything. You must buy the coffin from it, you must hire the hearse and carriages from it, and you must pay through it all the incidental expenses of Church and State. This applies to incinerations as well as to interments.

The charges of this company for funerals are divided into many classes. If you are a Roman Catholic a funeral of the first class will cost you $2000; if a Protestant the same class will cost you only $1500; if an Israelite, but $600, and if you have no faith at all you will pay but $480. The difference in these prices does not mean that the Government has set up a standard of riches, love of pomp, or even respectability, according to religious persuasion. They mean that the principal expense is for church services. As a matter of fact, there were but sixteen first-class funerals in Paris last year, and the deceased were in fourteen cases Roman Catholics, Protestant in one and non-believer in one. From the prices named for the first class the rates go gradually down to the ninth, the lowest class in which it is possible to be buried. In that class a common deal coffin, a hearse to carry it to the cemetery and a divine to say the last word at the grave, cost $9.50 for a Catholic and $4.50 for a Protestant. In all classes the city charges a tax. It is graduated in the same manner as the funeral charges, being $8 in the first class and $1.20 in the ninth.

The funeral charge and the city tax must always be paid, whether the body is to be put into the ground or burned; so the only saving effected by cremation is in the cost of a last resting plce. In the cemeteries of Paris a plot of ground three feet wide by six long costs from $140 to $300. For each additional square foot, length or width, the price is about $30. A grave may be rented, however, for five or for thirty years, at a reduced rate, plus a yearly city tax. Cremation, on the other hand is furnished by the city in eight classes, the price ranging from $60 down to $10. This charge includes the right to a niche in the columbarium for the space of five years, at the end of which time the contents of the urn are emptied into a common grave. A concession for the use of the niche in perpetuity may be purchased from the city for $75. The fashion of taking the ashes in the urn to one's home is growing. There is, as yet, no law against it; but it is likely that there will be one, or a municipal tax on home-kept ashes, as soon as the practice becomes common.

Contrary to the popular idea of cremation, a body is not burned by flames, but by hot air. The great crematory at Père la Chaise, which is without doubt the most complete in the world, consists of two floors. It is built on the side of a gentle declivity, so that each floor has a direct entrance from without. The second floor consists of a vast vault, in which the funeral services are conducted, and the [burn?]- ing chamber. In the vault there are seats arranged as in a church. In the cen[t?]re aisle is a railway, upon which runs a car or catafalque; the railway ends at the doors of the burning chamber. During the services the coffin rests upon this car, by means of which it is finally run to the [end?] of the aisle. Then the big doors of the hot-air furnace are opened and the coffin slid within.

The furnace proper is upon the lower floor. Behind it are a great number of flues. The burning agent is oxide of car bon, produced by the use of gazogene, and fresh air pumped into direct contact with the tubes is heated to a temperature of about 1500° Fahrenheit. With this heat [?] takes twenty-five minutes to consume the body of a child and fifty-five minutes that of an adult. All that remains after cremation is a little grayish-white powder weighing 2 1/2 pounds in the case of a m[an?] and less than two pounds in that of [a?] [woman?]. As there are about twelve cremations daily in Paris, it will be seen that [the?] [crematory?] is kept going pretty steadily.

3

Boston Herald June 8/1889

THE PROGRESS OF CREMATION.

The fitting up of a crematory now going on at Mt. Auburn cemetery is an indication of the extent to which the method of disposing of the bodies of the dead in cremation is spreading in this country. It has reached a stage in Paris where this form of burial has been adopted in the instance of one out of thirteen of those deceased. At Mt. Auburn the building formerly occupied as a chapel is being converted to this purpose. It is to be constructed with all the latest improvements to perfect the operation of the consuming process, and is expected to be completed on the first of October next. The increase in the disposition to adopt this manner of dealing with the dead has been marked of late in this country, as well as abroad, and there will be satisfaction on the part of those who prefer it in finding that this noted cemetery has taken steps to afford them the best facilities for carrying out their wishes.

THE GRAVES OF EUROPE. — Modern Sentiment Favoring Simplicity in Burials. — Fabulous Magnificence of Some of the Great Cemeteries. — Mawkish Sentimentality Cumbering the Soil of England. — [Foreign Correspondence of the Boston Journal.] I once heard an eccentric philosopher say that the entrie surface of the habitable globe was made up of the dust of the dead of the long past to the depth of eighteen feet. This is a pretty wild statement; but had he applied his theory only to old England, he would certainly have been nearer the truth. In all parts of England I found the graveyards full to overflowing with the monuments and tablets that had been set up in honor of the dead; yet these only told me where the comparatively recent and more favored dead rested. I was very glad to see and hear as I wandered about England that "tombs were out of fashion" in that country. There is a strong sentiment against them there. The nobility and gentry and the higher middle classes have by precept and example greatly helped to foster the custom of their disuse. Many of the most prominent and wealthy families are determined that their dead shall be buried in mother earth. The earth is a consuming fire to the mortal remains that are allowed to come directly in contact with it. There is a large corporation in London that has for its object the manufacture and sale of wicker coffins, or, as they are termed in England, earth-to-earth coffins, which are advertised as enabling the dead to be buried in the earth without danger to the living. I found that these basket coffins, which have so far only been used to a very limited extent in the United States, are rapidly growing in favor in London. Their use shows the emphatic reaction that has in England taken place against tombs. There is one style of grave that is of long standing in England, and which is, I am sorry to say, growing in favor in the United States. I refer to the brick graves, in one of which the Dean of Windsor has just been laid with great funeral pomp. These have a tomb-like character, and are therefore condemned by those sanitary reformers who have paid so much attention to mortuary matters.

While wandering about London I had many opportunities of visiting the ancient churches in whose crypts repose so many of the dead of the great metropolis and whose walls and floors are covered with inscriptions in stone and brass in memory of the dead. And I could but reflect that the war upon intramural interments led by Chadwick had not commenced too early or been waged too warmly for the good of the living population of London. This custom of burying in and about churches, everywhere so observable in England, has steadily grown more and more objectionable in the minds of intelligent students of such matters. When I think of the trouble I saw had been taken to preserve poor mortal bodies in their often four-fold coffins of woods and lead for deposit in the tombs, brick graves and mausoleums of Pere La Chaise, Kensal Green and Highgate, or in the crypts like those in London, Paris and St. Dennis, I love to recall the breezy exclamation I heard from the lips of a ruddy gentleman—a man with an ideal English face, full of refinement, and a form full of strength, with whom I was talking upon this topic of burials. "Bury me," said he, "in an earth-to-earth willow coffin, in good porous soil, so that I shall in the shortest time possible get back into God's pure and sweet air again." This was a queer way of putting things; yet he meant well, for the speaker was a manly Christian gentleman.

The ancients—Jews, Greeks and Romans— buried outside of the cities and towns. They laid their dead in the suburbs and fields, and by the wayside. Among the Romans, burying within the walls was particularly prohibited by the laws of the Twelve Tables. Not till three hundred years after Christ was burial in churches allowed; and for hundreds of years after that time it was often expressly forbidden. The first step was taken by allowing churches to be built over the graves of Christian martyrs. Then permits were given for the burial of kings and other high dignitaries in the antrims or porches of churches. Soon all the people clamored for burial privileges within or near the churches. And these are the reasons why I could not, as I traveled about England, enter any old church without walking over the stones above the dead and through paths winding among monuments and tombs. And seldom did I visit an old church without finding its interior resembling in many points an old tomb rather than a house for the worship of God. But the spread of enlightened ideas against intramural interments, was followed by severe enactments against them. These sentiments and these statutes led to the establishment of the magnificent cemeteries of modern times. The most famous of the European public cemeteries are those of Pisa and Naples, and the Pere La Chaise of Paris. The word cemetery, which comes from the Greek, and which in the original means simply a sleeping-place (for the dead), has in modern days come to have a special signification. We now mean by it an extensive, ornamental gardenlike burial place. Jews, Greeks and Romans had their public cemeteries—resting places for the dead, consecrated with religious rites provided for by statutes, and guarded with the most pious care, outside the walls of all their large cities. The modern cemetery idea was first developed in the vast necropolis of modern Paris, the magnificent Garden Cemetery of Pere La Chaise, since copied, to a certain extent, by the great cemeteries of London, and at Mt. Auburn, Greenwood, Laurel Hill and Forest Hills in the United States. But it is claimed that the cemetery idea, as developed at Pere La Chaise, a vast burial-place, which I found filled with columns, obelisks, pyramids, funeral vases, sculptured flowers and garlands of every variety, was copied from the garden cemeteries of Turkey. I met a very intelligent citizen of Constantinople, who said to me: "You should bisit the beautiful garden sleeping places for the dead in ancient Turkey if you would see where Europe and the United States got their idea of the modern ornamental burial grounds. But," said he, "alas for my poor country! Her prosperity has departed, and you will not find these ancient Turkish cemeteries kept up as you keep up your Mount Auburns and your Forest Hills; we have not the wealth to do it." Pere la Chaise was a disappointment to me in some respects. Its location is grand. From its high table land you look out over the fair city of Paris on one hand and the surrounding country, with its beautiful wood-crowned hills and green valleys dotted with villas on the other. And it is, certainly, something to wander among the grave-streets of Pere La Chase, which are lined with the stately monuments that have been erected to the memory of some of the most illustrious of the dead of France; something to stand by the grave of Abelard and Heloise, Molière and La Place, Cuvier and Marshall Ney. Yet, upon the whole, I did not find this cemetery, or the great cemeteries about London, so beautiful as those of my own country. In these great European burial places there have, of course, been vastly larger expenditures upon monuments, tombs, etc., than with us; and these are upon a scale of magnificence and beauty that may be imagined but which I cannot describe. During the forty-five years that have elapsed since one of the great cemeteries of London was opened $250,000,000 has been expended upon chapels, tombs and monuments that have been erected there. Sixteen thousand of these tombs and monuments have been built of the choicest granite, freestone and Italian marble.

We hear much of the grip that the church of the middle ages had upon the dead—of how, in those mediæval times, the poor dead body was not permitted to pass through the portals of a Christian burial, to a quiet rest in sme gray old crypt, or beneath the yew tree's shade in the ancient churchyard, until a sort of ecclesiastical excise tax, or, perhaps, more properly speaking, export duty, had been levied and collected upon it. But far worse is the grip the dead still have upon the land in many parts of England. I found in the heart of the great metropolis of London, under the shadow of St. Paul's Church, where land has been sold at the rate of hundreds of dollars a foot, as well as in the rural interior of England, where land is worth some hundreds of dollars an acre, huge old monumental slabs, prone upon the ground where they had been lying for centuries, and where they were likely to lie centuries longer, from whose surface corroding Time has erased every letter of inscription, but which were supposed to mark the spot, where in the far past, some poor mortal has been laid to rest. Who the individuals buried beneath those slabs were no one now knew; yet any removal of the grave stones would be deemed sacrilege; and there they must forever remain cumbering the earth though all that are men longing for a chance to cultivate a little land, yet destined to live and die without owning a foot of England's soil. From the grave of a remote and forgotten past a "dead hand" reaches forth and graps, with the g[?] death, the bright, green land which should b[?] inheritance of the living.

A companionable Londoner, born within the sound of Bow Bells, called my attention to the point I have last discussed, and it made a good deal of an impression on my mind. I remember he finally concluded he would not rip out any of the old grave-slabs in London, since they enforced open spaces in the great city, and all such were needed as lungs for London. But as far as the farming districts of England were concerned the situation was different, and he would be for instigating some reforms in such localities.

I have spoken of the ornate and costly monuments and tombs in the cemeteries of Europe. But it is far more pleasant to recall memories of visits to those places of burial in rural England, where I found a predominance of memorials to the dead of the most simple and unobtrusive kind. English families of the highest titles and the largest wealth have taken this stand, and they have also decided that there shall be no burials in tombs, crypts or graves of brick and cement, but burials simply in earth-to-earth coffins in mother earth. After the burial assassination of Lord Frederic Cavendish, a scion of one of the oldest and most wealthy families in England, his body was brought home from Ireland, and in the presence of forty thousand mourners was laid to rest in the family graveyard of the Devonshires in Edensor, near Chatsworth. His mangled body was laid beneath the turf, as have been those of other members of the Devonshire family who have gone before him; ans when, a few days after his burial, I visited his grave the green sward above it had been so carefully replaced and leveled so smoothly that I should have had no suspicion that the turf had been disturbed, or that I was standing by the sleeping place of the dead young lord had I not found the spotmarked by a heap of garlands, the most rare and costly, coming from the hnds of his Queen. Around this new-made graves of his ancestors, and above it, ere this, has one just as simple been planted in his honor.

On the banks of the Hudson at Tarrytown I not long ago visited the graves of Washington Irving and his family. Fully imbued with a love for that simplicity in burial which he had observed during his long sojourn in rural England, and which he has described so beautifully in his sketches of rural life in the mother country, Mr. Irving arranged his burial lot in full accord with these ideas of simplicity and unobtrusiveness. A plain and small headstone, marked "Washington Irving," stands above his grave, and stones on the same size and same simplicity mark the graves of his family. At the close of a lovely day in May, after a long ramble among the lake region haunts of the poet Wordsworth, I drew near to his simple grave in Grassmere. I cannot well describe my emotions as I stood by the unpretending little headstone of slate which marks the spot where England's most grand interpreter of nature lies buried. In his early manhood, in his finest poem, he had written:

"Oh, sir! the good die first, And they whose hearts are dry as summer dust Burn to the socket."

Yet, a grand old man of 83, full of years, and full of honors, William Wordsworth was, as he wished, laid to rest, under the turf and with the simplest ceremonials, among the dalesmen in the vale of Grassmere. On the headstone is simply inscribed the name, William Wordsworth, and a few dates. A sycamore, planted by his own hands, casts its shadow over the grave, and ancient yew trees stand near it.

These few instances, illustrative of simplicity in burials, are, I trust, sufficient for their purpose, which is to aid in promoting the cultivation of similar simple tastes in matters relative to burial in other localities, particularly in our own New England, where, I am sorry to say, entirely different models have too often been copied.

I have alluded to the practice I observed in England, of family burials upon family estates and in family parks. This may answer in england, where primogeniture insures the long retention in a single family of ancestral estates; but in the United States, where estates are quite likely to change hands with each passing generation, such home burials cannot be recommended. An incident or two comes to my mind, most pointedly illustrating the serious objections which here exist against locating family graves and tombs upon the home farm. In a New England town, where I was once temporarily staying, I found a young farmer taking down an old family tomb belonging to, and pretty well occupied by, a family that had in long years past owned the estate, and using the bricks to build a dairy. I have known of a case where the new proprietor of a New England farm broke up a well-filled old family tomb which he found on his place when he first took possession of it, tipping the large stones in upon the half-decayed old coffins it contained, and in the end running his plow over the spot. These somewhat sacrilegious men seemed determined that no "dead hand" should hold any mortgage on their premises.