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is a copy.


A. No, sir.
Q. But some of the words were written at the time of his death ?
A. Yes, sir.

Q. Now, what words were written at the time of his death in that book ?

A This book is copied, a part, from that book there.
Q. It is a copy, you say, from some other books ?
Mr. REED. - That isn't what he said.
The WITNESS. – I say it is a copy from other books.
Q.. (By Mr. BRANDEIS.) Now, when was this book which you say

when was that written? A. Oh, that was written sometime about the first of last February. Q. The first of last February ? A. Yes, sir. Q. After the Board of Visitors were down there visiting, was it? 4. Yes, sir. Q. And when was it written up, when was it completed ?

The last entry was made in it December 2 — no, December 1. Q. December 1 ? A. Yes, sir. Q. Last Saturday? A. Yes, sir. Q. Now, in whose handwriting is that book ? 4. The clerk's. Q. That is, in clerk Hinds' handwriting? A. Yes, sir.

Q. Now, you say the words that are in there are copied from some other book?

A. Yes, sir.

Q. Now, what book shows that entry of Edward Cuddy which is in here on page 5? I think that book might be marked for identification something or other, so that we may refer to it.

A. (Examining.) There is an entry that was made in there at that time.

Q. Then you say that this entry in the book called the “ Record of Deaths ” occurring at Long Island, which you have just showu us, that the entry in regard to Edward Cuddy was taken in part from the book which you now have in your hand entitled “Record of Burials, 1893" ?

4. Well, that is what it is printed, but it is really a record of death. Q. Well, it is a record of burials, isn't it? The book is entitled : Record of Burials" ?

4. Yes, that is the way it is headed - -“Record of Burials; " but it has been used and kept for a record of deaths, not burials.

Q. Now, you say that Edward Cuddy appears on page 22 of that book?

A. Yes, sir.
l. No. 51 ?
A. Yes, sir.
Q. Well, now, what is the entry that appears there on that book?

A. Edward Cuddy, age eighty; date of death, November 21, 1893 ; senile debility.”

Q. Well, the word "senile" is written in in pencil, isn't it?
A. Yes, sir. I should say that is Dr. Parker's handwriting.
Q. The“ senile "?
A. Yes, sir.
Q. And in whose handwriting is that entry you have just read ?

1. That is in the handwriting of Charles Coakley, an inmate down there.

Q. Charles H. Coakley, is it?
Ă. I don't know. I know him as Charles Coakley.

Q. Now, you say part of this entry in the record of deaths is taken from that book. Now, where does the rest of that entry come from ?

A. The rest of that entry comes from the “Wharf Book." You didn't call for it, and I haven't it here.

Q. What do you mean by the “ Wharf Book”?

A. Well, in that is entered the freight or whatever it may be that goes to or comes from the city.

Q. Well, then, in order to find out that that body of Edward Cuddy went to the city you have got to refer to the “Wharf Book," and see whether it appears among the freight and merchandise that comes to town, have you ?

A. Yes, sir.
Q. Well, how do you find out? What book shows that fact?
A. This record of burials show that fact.
Q. Well, the record of burials is the book you now turn to ?
A. Yes.

Q. That is the third book. Now, where is the entry in regard to
Edward Cuddy ?

Isn't any.
Q. Does Edward Cuddy appear there at all?
A. No, sir.

Q. Is there even anything except on the freight book showing that he was sent to the city of Boston ? Is there, or was there prior to the visitors coming to the island, about the first of January, anything that shows that that body of Edward Cuddy was sent to Boston for anatomical purposes !

A. Yes, sir.
Q. Where is it?
A. This book here.
Q. How does this book show it?
A. Show's he wasn't buried on the island.
Q. You mean it doesn't contain any record that he was buried ?
A. Yes, sir.
Q. It doesn't contain anything at all in regard to him, does it?
A. No, sir.

Q. Then from the simple fact that he doesn't appear there you infer that he must have been sent to the city.

A. Yes, sir.
Q. That is all ?
A. Yes, sir.

Q. He might have been dropped into the sea and wouldn't be in there?

A. They don't drop them into the sea down there.
Q. Well, you send them often to the city for anatomical purposes ?
A. No, sir.
Q. How often do you do it?
Ă. I should say perhaps sent half a dozen since I have been there.

Q. Now, there was no book at Long Island that showed the disposition of that body up to the time you prepared this book, as you say, in February, 1894?

A. Yes, sir; there was.
Q. There was no book showed it was there? What book showed it ?
A. The freight book.
Q. Your freight book showed it ?
A. Yes, sir.
Q. Well, what was the entry that was in that freight book ?

A. That he was sent to the city and I have the copy of all the letters filed that we receive from 14 Beacon street to send bodies up for anatomical purposes.

Q. Well, what other freight was sent up at the same time that Edward Cuddy was sent to Boston ?


A. I don't know, sir.
Q. What other freight was sent up on that same day?
A. I don't know, sir.

Q. What other things appear in that freight book as being sent up besides the body of Edward Cuddy?

A. I don't know, sir.
Q. Don't you know what sort of freight you sent up ?
A. Yes, sir.
Q. What kind of freight do you send ?
A. We send empty milk cans.
Q. Yes — what else?
A. Send bread-boxes, empty bread-boxes.
Q. What else ?
A. We send wheelbarrows.
Q. Yes.

Ă. These are not all sent to the city. These are what we send on the “ Bradlee” away from the island.

Q. Yes.

A. We send empty grain bags, we send empty barrels, we send old bones, old iron.

Q. Well, now, in addition to these three books which you have produced there is a small memorandum book which is termed a burial book, isn't there, which you kept?

A. I have one that we started, yes, sir, - the first one we started.
Q. And that is this small book which I vow have in my hand ?
A. Yes, sir.
Q. And who kept that book?
A. Hinds.

Q. Hinds kept that book -- and while that book was being kept, was any other book kept?

A. Yes, sir; this one was kept.
Q. Which?
A. The one I have just shown you.
Q. They were both kept at the same time?
A. No, sir.
Q. Both kept by him ?
A. Yes, sir; both kept by him.
Q. This book which is the third book you showed to me called the
Record of Burials, Long Island," when was that written up?
A. That was started just after this.
Q. The small book?
A. No, just after the burial book, sometime last spring:

Q. That is, this book called the “ Record of Burials," the third book you gave me? А

That was. Q. That is not a contemporaneous record, this book here? 4. Yes, sir.

Q. Do you mean to say these words here, “ Honora Powers, June 5, 1893, date of burial June 16, 1893,” were written anywhere near June 16, 1893 ?

A. No, sir.
Q. What do you mean?

A. I mean when we first started our burying ground down there we kept that small book until we got this larger one.

Q. Now, when did you get this larger one in which you keep the record of burials, you say, now?

A. I said sometime last spring.
Q. That is, after this investigation began ?
A. No, sir.
Q. Or after the Board of Visitors went down there ?

A. Yes, sir, after we had the first three fires, too. Q. And up to that time this small book which I have in my hand, which resembles a grocer's pass-book, was the book in which you kept the record of the burials?

A. Yes, sir.
Q. Now, on what theory is this book kept? Describe this

" June 16, 1893, Honora Powers" what does this book show ?

4. When i person died and the friends didn't call for them the deputy took the body and took it down to the cemetery and buried it and put a cross at the head of the grave, a number.

Q. Yes.

d. Then he came back and gave the name and number of the grave to the clerk and he put it in this book.

Q. Yes. Well, in whose handwriting is this book ?
i. Clerk Hinds'.
Q. That is Hinds', too, is it?
d. Yes, sir.

Q. Well, now, we have here on the first and second pages of this what appears to be a record of the first twenty-eight interments ?

d. Yes, sir.

Q. Running from June 19 to November 23, and then on pages four and five we seem to have a record of the same interments ?

d. Yes.
Q. What is the occasion of that?

d. Well, if you will look here at the first you will see that it doesn't look quite as neat as Mr. Hinds thought it ought to. That was OCcasioned by the fact that if we buried a person in grare ten for instance, and after they had been buried some time their friends called for them, we put the next person that died in grare ten and then he crased the name, the first name, from grave ten and put in the second.

Q. Now, when was this second series of records made on pages four and six?

d. I couldn't tell you as to that exactly, when he did start it.
Q. Don't you know?
4. No, sir; I don't know.
Q. After the visitors went down there, wasn't it?

. No, sir; I think it was two or three months before they went down. That is my impression.

Q. Now, isn't the last person who is entered here, on this first attempt at a record, Mary L. Robinson ?

d. Yes, sir; November 23, 1893, and the visitors came in January, 1897.

Q. Well, on the other record she appears as December 18, doesn't she - December 18, 1893, this same Mary L. Robinson ?

A. Yes.

Q. And the first entry after Mary L. Robinson which is down there is January 23?

A. That is Ann Cooney.

Q. Ann Cooney, Jinuary 23, is the first entry between December 18 and January 23 ?

A. Yes, sir.

Q. Now, was the health of the island such that nobody died between those dates?

A. No, sir; but the friends of those who did die probably had a little more money and so took their friends. They died just the same, but we didn't bury them.

Q. Now, let us see who died. Let us see what happened between these dates. Apparently Mary L. Robinson, December 18, 1893, Wils the only person between November 23 and January 23. Let us see what happenerl to bodies between November 23 and January 23, this

period of two months, which is covered by this grocer's pass book record. Let us see what happened to them. This record of deaths will show it, won't it?

A. Yes, sir. Now, what is it you want, December 18 to January 23 ?

Q. From November 23 to January 23, this period of two months. Now, you turn to the record of deaths and see what death there is next after November 23. Let us have that?

A. Mary Gallagher, November 29, was taken by her friends.

Q. Yes — what comes after Mary Gallagher? What is the next death after that?

A. William O'Brien, December 3, buried.

Q. Yes. Now, you look at this book that was kept, this grocer's pass book burial book which was kept by

Mr. REED. Why don't you call it a bank book? It looks more like a bank book than a grocer's pass book.

Q. (By Mr. BRANDEIS.) That was kept by Mr. Hinds; and point out where William O'Brien was buried, where he appears here either in the original or in the amended condition of the record.

4. He was buried in

Q: Well, how does he appear to have been buried in that burial book ?

A. He appears to have been buried on November 23.
Q. Yes

appears to have been buried six days before he died, doesn't he?

A. Yes.
Q. Well, that is a remarkable case ?
A. Yes, it is.
Q. What you might call being buried alive?
A. Yes, sir.
Q. And living six days afterwards — that

that is good. Now, where was he buried ?

A. I

Q. Well, where was he buried ? It appears here also where he was buried, doesn't it?

Q. What grave?
A. Grave 27.

Q. Now, did he occupy that grare all alone or does he appear on this record to bave shared it with somebody else ?

A. Shared it with somebody else.
Q. Well, with whom did he share it?
A. At that time shared it with John McManus.
Q. John McManus and William O'Brien together occupied grave 27?
A. Yes, sir.
Q. That is Hinds' record here, the amended record, isn't it?
A. No, sir.
Q. Isn't that it?
A. No, sir.

Q. Isn't that the first amendment of the record ? His first record he keeps on pages 1 and 2 of this grocer's book, the second record he keeps on pages 4 to 6 of this record book?

A. Yes.

Q. Well, now, in that book he appears to have shared the grave with John McManus and to have been buried six days before he died, doesn't he?

A. Isn't any dute on it at all.

Q. Aren't there a couple of ditto marks under " November 23 " which would indicate that?

A. Yes, sir; if we didn't have the other book to show it.

Q. But this little book was the only book you had at the time William O'Brien died, wasn't it?

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