HomeMy WebLinkAbout20031971 RESOLUTION
RE: CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO
PROCEED WITH LEGAL ACTION REGARDING PETITIONING THE DISTRICT
COURT TO ALLOW REMOVAL OF AN ABANDONED CEMETERY -ANTHONY
NAVARRO, DBAACTION PURSUIT PAINTBALL, C/O WITWER, OLDENBURG,
BARRY AND BEDINGFIELD, LLP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has received a request from Anthony Navarro, dba Action Pursuit
Paintball, do Witwer, Oldenburg, Barry and Bedingfield, LLP, Attorneys At Law, 822 7'h Street,
Suite 760, Greeley, Colorado 80631, to move an abandoned cemetery on his property, known as
the Latham or Fort Latham cemetery, and
WHEREAS, said cemetery is located in a portion of Section 14, Township 5 North,
Range 65 West, known as parcels B and G of Subdivision Exemption #1745, and
WHEREAS, pursuant to Section 25-1-656 to 658, C.R.S., the Board of County
Commissioners, sitting as the Board of Health, must determine whether removal of said
cemetery is appropriate, and
WHEREAS, the Board, after review deems it to be advisable to approve the request of
Anthony Navarro, dba Action Pursuit Paintball, do Witwer, Oldenburg, Barry and Bedingfield,
LLP, to direct the County Attorney to petition the District Court for an order allowing removal of
the remains.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, sitting as the Board of Public Health and Environment, finds that said
cemetery has been abandoned and, by reason of neglect, is in danger of damage or obliteration.
BE IT FURTHER RESOLVED by the Board that the Weld County Attorney be, and
hereby is, authorized to proceed with any appropriate legal action necessary.
2003-1971
H L0030
�� ; Hz, (1A , Ail/7 ✓t$ RO,5v
AUTHORIZATION TO PROCEED WITH LEGAL ACTION REGARDING PETITIONING THE
DISTRICT COURT TO ALLOW REMOVAL OF AN ABANDONED CEMETERY- ANTHONY
NAVARRO, DBA ACTION PURSUIT PAINTBALL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
Eta COUNTY, COLORADO
1861 ( _�I �, "'( David E. Long, Chair
�l( 1 k to the Board
EXCUSED
® ' .,�;���, / Robert D. sden, P o-Tem
Neputy Clerk to e Board
M. J. eile
APPROVED AS TO FORM: 41C-1)(L- C
William H. Je e
/�// l/A/
' y! County Attorney ir�{i
A_
Glenn Vaad
Date of signature: 474.3
2003-1971
HL0030
WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
ATTORNEYS AT LAW
1822-7TH STREET.SUITE 760
STOW L. WITWER.JR. GREELEY, CO 80631 TELEPHONE (970)352-3161
R. SAM OLDENBURG FACSIMILE(970)352-3165
JOHN J. BARRY SENDERS E-MAIL ADDRESS:
JEFFREY T. BEDINGFIELD 1 1 L_ _ __
JACQUELINE JOHNSON tclancy@wobb-Ilp.com
PATRICK M.GROOM July ,Q
TIMOTHY V.CL4NCV 8, 2003
Clerk to the Board of
Commissioners of Weld County
915 10th Street
P.O. Box 758
Greeley, CO 80632
Re: Action Pursuit Paintball
Dear Clerk:
I represent Anthony Navarro of Action Pursuit Paintball. Mr.Navarro owns property in Weld County and
recently received approval to operate his paintball business under a Use by Special Review permit. Before
he can operate that business, however, he needs to address and abandoned cemetery on his property. Mr.
Navarro has spoken with officials at Linn Grove Cemetery and has worked out an agreement under which
Linn Grove would accept the remains on his property. We should note that the Colorado Historical Society
who referred us to the Board as the site has been previously moved.
Before he may implement that plan, however, under Colorado law, he must go through the Board of
Commissioners. Specifically, under the procedures found at C.R.S. §§ 25-1-656 to 658, he must have the
board of commissioners sit as a board of health and determine that removal of the cemetery is appropriate,
e.g., the cemetery has been abandoned or by reason of neglect or is in danger of damage or obliteration.
Upon such finding,he may through the Board petition the district court for an order allowing him to remove
the remains.
Accordingly, please consider this letter as our formal request to have the Board take this matter up at the
earliest available opportunity. At or before such hearing, we will present a detailed outline of the plan to
remove the gravesites. We appreciate your assistance.
Yours very truly,
WITWER, OLDENBURG,
BARRY & BED GFIELD, LLP
Timothy V. Clancy
TVC/zah
pc: Anthony Navarro
Lee Morrison, Esq.
Enclosure
.4i.tosn
2003-1971
April 21, 2003
Dear County Commissioners:
My husband and I would like to present at the 4-23-03 zoning hearing this letter and
attached exhibits to show diligent and reasonable efforts on our part to discover the history and
proper, legal relocation of the Plowhead grave located on our property. At the former heating, it
was discovered that permission to move the grave was not available through state or county
jurisdiction. It was explained that because the removal and relocation of the Plowhead grave
does not pose a health hazard or safety risk to the community, statues that exist for
removal/relocation of a grave do not apply to our intentions in relocating these remains.
Although the Issue of the grave does not apply to the zoning and development of the
proposed Action Pursuit Paintball park, it does affect our personal plans in the development of a
future home on the site where the Plowhead grave currently exists.
We have contacted the Colorado Historical Society about this issue and they
recommended that"cemetery removal falls under the purview of the counties,"and suggested
that we"work with the county commissioners in this matter(see attached)."
We also contacted Dan Jepson from the Colorado Department of Transportation on 4-17-
03. Mr.Jepson gave some valuable history of the Plowhead grave and his involvement in a
cemetery study in the late 1980s in regard to the Latham Cemetery from which the bodies in the
Plowhead grave originated.
In 1926, the construction of U. S. Highway 34 exposed eleven graves on the South side
of the highway. The bodies consisted of six adults, one adolescent, and two infants that were
buried in close proximity to one another. All the remains were exhumed and buried in a common
grave on the north side of the highway and marked with a commemorative headstone that is still
in place on our property.This was the only time the bodies have been relocated. When highway
34 was widened in the late 1980s, Mr. Jepson was involved in a cemetery study to make sure
other bodies did not exist.The study discovered no other remains.
Mr. Jepson noted that he was "baffled by the Historical Society and Weld County's
position on the matter,"by not giving direction about whether or not we were allowed to move
the grave. He attached several statues concerning removal of cemeteries/graves and disturbance
of human burials as well as a brief overview of the site-specific history.This is in addition to
information that the Historical Society shared with us (see attached).
After diligent efforts to receive permission by someone allowing us to move the Plowhead
grave, it appears that there are no laws prohibiting from us from proceeding with the relocation
of the grave to another plot on our property. Our Intentions are to have the remains properly
exhumed and relocated by either a professional archeological outfit or ask Bob Brunswig and his
students at the University of Northern Colorado (UNC)to move the grave for free as a hands-on
field experience for his students.
Despite a lack of jurisdiction from anyone giving us permission to move the Plowhead
grave, we would like formal permission from the County Commissioners on this matter to rest our
minds that our intentions in relocating the remains are not"illegal"or without formal permission
from a governing body.
Thank you for your assistance in this matter.
Sincer
J Zl o
Lory illumsen Date Anthony varro Date
•
O k hC
CO1 4 /RADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver, Colorado 80203-2137
February 19, 2003
Mr. Anthony Navarro
2017 Ninth
Greeley, Colorado 80631
Dear Mr. Navarro:
Thank you for contacting the Colorado Historical Society to inquire about our jurisdiction
regarding cemetery removal
The Office of Archaeology and Historic Preservation might have a role if the cemetery
were historic, or if an isolated grave is unmarked and there is no information regarding
the identity of the deceased. Generally, however, cemetery removal falls under the
purview of the counties, so I advise you to work with the county commissioners in this
matter.
The state law that defines the county process may be found in the Colorado Revised
Statutes, at 25-1-655 through 658. Your public library should have a copy of the statutes,
or be able to assist you in locating them on the Internet.
Sincerely,
Susan M. Collins
State Archaeologist
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COLORADO DEPARTMENT OF TRANSPORTATION
ENVIRONMENTAL PROGRAMS
4201 EAST ARKANSAS AVENUE
DENVER,COLORADO 80222-3400
FACSIMILE TRANSMITTAL
. 3 6
TOe
n FAX NO:(970)394
PHONE NO: (970)302-4755
FROM: Dan Jepson,Staff Archaeologist& FAX NO: (303)757-9445
Cultural Resource Program Manager PHONE NO: (303)757-9631
EMAIL:danieljepson @dot.state.co.us
DATE:April 17,2003
TIME: 2:00 PM
PAGES SENT: 8
(including this form)
COMMENTS:
Lory-
Per our conversation earlier today,following are assorted state statutes regarding burial sites. I've also
included a few pages with information specific to the original cemetery_ I'm sorry I couldn't be of more
direct assistance—and I'm still baffled by the Historical Society and Weld County's position on the
matter—but I hope that you'll contact me if I can provide any additional information. Also,as I mentioned,
I'd like to find out what your final decision is about moving the grave(s),and how you end up going about
it—thanks.
Dan Jepson
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25-1-653 Health 82 83
i or building for the exercise of the aforesaid trades or employments,and cause of sa
I such nuisance to be removed or abated. to 2
Source: L. 1893, p. 390, § 52; R. S. 08, § 5081; C. L, § 942; CSA, C. 78, So
§ 77;CRS 53,§ 66-3-52;C.R.S. 1963,§66-3-52. 1963
Am. Jur.2d. See 39 Am. Jur.2d. Health, CIS.See 39A CJ.S., Health and Enviran. Am
�' § § 24,25. ment,§ § 21,26,27.37-40. § § 9
1 .
25-1-653. Damages occasioned by nuisance - action. Any Person injured 25
either in his comfort or in the enjoyment of his estate by any such nuisance pant
may have an action for damages sustained thereby. boric.
rema
Source: L. 1893. p. 390, § 53; R. S. 08, § 5082; C. L § 943; CSA, C. 78, next
§ 78;CRS 53, §66-3-53; C.R.S. 1963,§66-3-53. (2)
not Ii
there
25-1-654. Removal of cemetery in cities. Whenever the trustees of any the n
I incorporated town or village or the council of any city or city and county given
shall, by resolution adapted by them, determine that the remains of the some
deceased persons buried in any public cemetery or in any tract of ground, nett
public or private, whether or not the same has been designated or dedicated and t
I as a public cemetery, should be removed therefrom for the reason that such to all
el cemetery or burial ground has been abandoned, endangers the health of the said r
people of the municipality passing said resolution, or is needed for another least s
public purpose by such municipality, the district court of the county in which by tht
such cemetery or burial ground is located is authorized to order vacation of sat
of the same, or any part thereof, on written petition of said municipality No nt
as provided in section 25-1-656. any pa
court,
• Source: L. 1893. p. 390, § 54; R. S. 08, § 5083; C. L. § 944; CSA, C.78, ' If the
I, § 79; CRS 53, §66-3-54; L. 61. p. 414, § I; C.R.S. 1963, § 66-3-54; L. 64, or the
p. 271,§ 175. shall si
, .1 Am.Jur.2d.Sec 14 Am.Jur.2d,Cemeteries CJS. C.J.S.,Sec I4 CJS Cemeteries, , . S0YI§ § 2 I5§ 4912. 1963, i
25-1.655. Removal of cemetery in counties. when the board of county 25-1
commissioners of any county sitting as a board of health for said county any pe
shall, by written resolution duly adopted by it, determine that the remains object
of deceased persons buried in any public cemetery or in any tract of ground, Sour
public or private, whether or not the same has been designated or dedicated 1963, §
li as a public cemetery, and located in said county outside Of the limits of
••• .,, _ ,,;1 . any incorporated town, village, or city should be removed therefrom for the
• ' ' - reason that such cemetery or burial ground has been abandoned, or has 25.1,
become ccWrQttl, Of efdattaet,i the health of the people living in the hearing
immediate vicinity thereof or through neglect and nonuso is in danger of the evi•
: damage, destruction, desecration, or obliteration, then the district court of tion, al
the county in which any such cemetery or burial ground is located is author- and m:
i ized to order vacation of the same or any part thereof in the written petition all bod
p .
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A .
4
1
82 •.''i 83 Administration 25-I-658 {{
rid cause - of said board of county commissioners. For the purposes ofsections 25-1-654 t
to 25.1.659.the word "city" includes"city and county".
•
.. C. 78, Source: L. 39, p. 411, § 1; CSA, C. 78, § 79(1); CRS 53, § 66-3.55; C.R.S. -
1963,§ 66-3-55; L.64,p.272,§ 176.
I I:nvlrnn Am.Jur.2d-See 14 Am.Jur.2d,Cemetcricc, CJS,Sec 140.5..Cemeteries,§ § 2, 15.
§ § 9.12.
injured 25-1-656. Contents of petition - hearing. (I) Said petition shall show, as
Iuisance particularly as can by due diligence be ascertained,-the names of all persons
buried in said cemetery or burial ground whose remains are sought to be
removed and the names, residences,and relationship to the decedent of their
, C. 78, next of kin.
(2) The court shall by order lix a day for the hearing of such petition
not less than six weeks from the date of such order and shall cause notice
thereof, including the name and location of said cemetery or burial ground,
of any ;;i the names of such deceased persons, and the names of next of kin, to be
county ' , given by publication at least once each week for three successive weeks in
; of the ft sbme newspaper published in said county, and by personal service on all
ground, t,• next of kin residing in this state at least twenty days before such hearing, •
:dicated and by the clerk of said court mailing copies of such petition and notice
tat such to all next of kin residing out of this State whose addresses are shown in
tt of-'e x said petition or otherwise properly brought to the attention of the court at
any
least six weeks before such hearing. Publication of said notice shall be proved
a which by the affidavit of the publisher or manager of said newspaper, and mailing
'acation of said notice shall be proved by the certificate of the clerk of said court.
cipality ';in`r: No notice by personal service or mailing shall be required to be given to
s-i any person of full age who, by writing duly acknowledged or signed in open
C 78 : court, consents to the hearing or that the prayer of the petition be granted.
f If the names of persons buried whose remains are sought to be removed
; 1_ 64, 3 or the names of their next of kin or any of them are unknown, the notice
shall so state.
•
§ z, IS } 1963u§ 66-3-56.39,
p. 411, § 2: CSA, C. 78, §79(2); CRS 53, § 66-3.56; C.R.S.
�'
county x^ 25-1.657. Answer to petition. At or before the time fixed for the hearing,
county rl any person interested may appear and answer said petition and consent or
•emains .-t object to the granting ofthe prayer thereof. •
;round, a Source: L 39, p. 412, § 3; CSA, C. 78, § 79(3); CRS 53, § 66-3-57; C.R.S.
dicated «. 1963, § 66-3-57.
mite of ;
for the •:-.1.„.
or has 25-1-658. Order of removal - costs. The court, at the time fixed for said
in the y?
nger he •t-: hearing or at the time to which said hearing may be continued, after hearing
• the evidence may enter its order granting or denying the prayer of said peti-
ourt of = ' tion, and the court in its order may prescribe the terms of arty such vacation
author- and may require said county, city and county, or municipality to reinter
written all bodies and relocate all monuments located in said cemetery or burial i.
i
u
F-785
18-9-113 Criminal Code 150 151
(2.5) Fora second or subsequent offense, if such offense occurs within seven years 18-
of the date of a prior offense for which such person was convicted, the offender publi
commits a class 5 felony. (a)
(b) lf, at the time of the offense, there was a temporary restraining order. injunc- age. t
lion, or any other court order in effect against such person prohibiting the behavior risk c
described in subparagraph (1)or(II)of paragraph (a)of subsection(4)of this section. (b)
such person commits a class 6 felony.In addition, when a violation under subsection there,
(4)of this section is committed in connection with a violation of a court order,includ- (c)
ing but not limited to any restraining order or any order that Sets forth the conditions ahem
of a bond, any sentence imposed for such violation pursuant to this subsection (5) (1)
shall run consecutively and not concurrently with any sentence imposed-pursuant (H)
to section 18.6-803.5 and with any sentence imposed in a contempt proceeding for that a
violation of the court order. Nothing in this paragraph (b)shall be construed to alter (d)
or diminish the inherent authority of the court to enforce its orders through civil (I)
or criminal contempt proceedings; however. before a criminal contempt proceeding • (II)
is heard before the court, notice of the proceedings shall be provided to the district of a di
attorney for the district of the court where the proceedings arc to he heard and the (2)
district attorney for the district of the court where the alleged act of criminal contempt paym,
occurred.The district attorney for either district shall be allowed to appear and argue school
- for the imposition of contempt sanctions. throw(
(6) A peace officer shall have a duty to respond as soon as reasonably possible
to a report of stalking and to cooperate with the alleged victim in investigating such Soo
report. p• 133
Source:L 90:(O(d) repealed,p.926, § 11,effective March 27.L. 92:(2)amended Pala
. and(4) to(6)added, p. 413, § I. effective July I. L. 93: (5Xa)amended and (5)(a.5) act am.
added, p. 1703,§ 1,effective July I. L.. 9d:1P(1).(1)(g),and(1Xh)amended, p. 1463.
.§3, effective July 1; (4) and (5) amended, p. 2018, § 1, effective July I; (5)(b) IB-9
amended,p. 1719, § 14, effective July I- L. 95:(5)amended, p. 1258,§26, effective violati
July I.
of eivi
Subsection(t)(el held flat to be aneeasdto- A defendant lacks standing to challenge the in or o.
timidly vague because the statute defined the eanatltudooality ofa statute as facially utur- Sour
offense with particularized standards to limit brand when she defendants alleged speech is
the scope ofthe offense and the presence in the precisely the type of activity which the tele-
statute of the words"annoy"and`alum",by phone harassment statute was designed to 18-9•
themselves,were not sufficient to render the regulate. People v. McBurney, 750 P.2d 916 - knowir
statute unconslltutionally vague. People v, (cowman).
r Mob army,750P.2d916(Cola.1988). This section and§58-3-207,which classifies and wt
' Subsection (1)(g) is facially overbroad end criminal enortion as a felony,address separate officer.
.1• uncenttitalienallyvague and there arena'link- and distinct ahem and the classification of risk of
r (fl lag constructions that will render it caadni- such offenses have a rational basis in fact and is a eh,• -C tonal. People v. Smith, 862 P.2d 939(Colo. arc reasonably related to legitimate govern- anothc,
.Q 19911. mans interests. People v, Czenerynski, 7(:6 anothe,
P,2d 1100(Colo. 1990). ,
'yam Sour
•
�/t k8-9.113. Desecration of venerated objects.(I) (b) Except as otherwise provided nisi,
' in section 24.80-1305,C.R,S„ with respect to the disturbance of an unmarked human 14244!
burial,a person commits a class 1 misdemeanor if he knowingly desecrates any place v
, of worship or burial of human remains. 1210(c
(c) The court shall order that any person convicted pursuant to this section make §42-4-t
I .-.e restitution to cover the costs of repairing any damages to any monument, headstone, a a#12-4
memorial marker, structure, or place which are the result of such person's conduct.
Such restitution shall be paid to any person or entity which repairs such damages.
O Source: 1. 90: (I)(b) amended, p. 1282. §7, effective May 9. L. 91: (I)(c) added. 184-1
a- P.409.§ 16,e('fuullv4 Juno 4, portatiot
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S 18-13-101 - Abuse of a corpse.
(1)A person commits abuse of a corpse if, without lawful authority, he:
(a) Removes the body or remains of any person from a grave or other place of sepulcher without
the consent of surviving relatives or surviving intimate friends; or
(b) Treats the body or remains of any person in a way that would outrage normal family
sensibilities.
(2)Abuse of a corpse is a class 2 misdemeanor.
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RI
•
7 hearths. However, at 5WL48 at least with regard to the
occupation
area -- this is not the case. It can only be surmised that Archaicic occupational
RI events at the dune were brief and transitory, and did not entail large blocks of
time spent in specific subsistence activities (for example, lithic reduction and
tool manufacture, animal butchering or processing). Although bison and
artiodactyl remains were recovered from the site area, no concentrations of
butchered bone indicative of large-scale or prolonged use are apparent. Further,
macrofloral remains from hearths are sparse and of limited interpretive value.
Conversely, the Woodland cultural strata indicate intensive, repeated occupations
il wherein a variety of tasks were undertaken, for example, secondary mammal
processing, food preparation, cobble reduction, and perhaps ceramic manufacture.
is Site 5WL1012
site setting
llSite 5WL1012' is located atop the Kersey Terrace near the western terminus
of the project corridor, overlooking the broad southwest/northeast-trending South
Platte River valley (Figures 2, 3, 41) . AS with much of the Kersey terrace
I further east along the river, various topographic modifications have vastly
affected its physical integrity. In the immediate vicinity of 5WL1012 the river
terrace has been recontoured primarily for cultivation and as a result of highway
construction. The site area proper has not been cultivated for many years,
although corn and alfalfa fields are ubiquitous in surrounding areas.
The site is bordered to the north by the original ❑.s. Highway 34 alignment
ll (under which the main portion of the historic cemetery was located), and to the
east by Weld county Road 45h. From the county road, elevation decreases
gradually to the west toward the river for several hundred feet, from which area
' a leveled alfalfa field continues across the valley. A residence, including a
variety of outbuildings, forms the approximate southern site boundary.
---Site-Speci`iet
As discussed in Chapter 3, the Latham Cemetery was established during the
early 1860s in conjunction with the Latham Stage Station, also located on the
I south side of the river 0.5 mi (0.8 km) southwest of the cemetery (Figure 3) .
All of the individuals known to have been buried in the cemetery were interred
between 1861 and 1873, and included both stage passengers and local residents.
While historical records regarding the exact number and identification of
individuals in the cemetery are sketchy and to an extent contradictory, remains
of nine people were exhumed from 11 graves that were
construction of U.S. Highway 34 in 1926 (Figure xadultsadults, one during initial
' and two infants were buried in close proximity to o elan there although adolescent,
only a
single identifying headstone was present in 1926. After disinterment, the
remains of all nine individuals were placed in a common grave on the north side
I of the highway and marked with a commemorative headstone that is still in place.
I •
I
98
!
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6
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ll
•
KEY
I . t „<,Form Linos Anomaly
aar Plank F.nre A.
Overhead
Barbed Wire Mons Line
ll
Fence • Smell Pine Wee
.
PETERS ti. to
.
t20 O
or
• 0 700 200
FEET
-
I
Edge of Kersey Terrace
lair have beet ertl11 1Ny
extended by Maki
I #7/7
PL'1920;9indivWI
II
O
>•: .,..
m.o.,
EXISTIN U . H HWAY s Kerain:
as
I
\\\\\r\�\�►i`ar� A.
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Ill Ante Emanat
ed aA.Ti with seen,o0uipman , 0 _
Arm .e
AA_ s
z m
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0 6i 2e
I
SOUTH EDGE OF HEW ROW
I
IFigure 41 . Map of site 5ML1012 (Latham Cemetery) -
II
Ill 99
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q
' • . -
• aby few
weeks old
woman — silver fillings
in upper and lower woman—red braided young person
molars. Iron handles hair 14 to 16
headstone engraved
Gustavus R.Huckley
N W 1864
E
man - full beard
Sweater - striped man - re isbrown
pnderwear - silk hair. Heavy brown
handkerchief woolen socksonfeet
small band elastic
I baby
NI Woman— late over
head. Cloth with
hooks and eyes
breast pin.
I
I S
I
Figure 42. Map of burial plot at 5wL1012, exposed during construction
of O.S. Highway 34 in 1926. Map is redrafted from an original sketch
by the Colorado Highway Department; descriptions are taken verbatim from
original map (source: City of Greeley Museums) .
I
I
100
FORT LATHAM CEMETERY
anship 5 North, Range 65 West - about 3 miles east of
Colorado on Highway 34, just across the South Platte
from intersection of Highway 85 bypass. ) The Highway
nowingly ran into this cemetery when building Highway 34
were removed to a common grave on April 26, 1926. The
pal Musuem has a copy of the drawing of the remains found
• Department and Greeley Tribune articles dating about 1930
1966 from which much of the following information has been
)rtunatly no actual cemetery records have been found, there-
chosen to include excerpts about Latham Stage Station as
=metery. Most of the material about the Latham Station is
land Stage To California, written by Frank A. ROOT.
prominent stage station. It was associated with the Over-
d was one of the most important on the road. The station
very few houses in the area, the nearest one.to it being
uarters of a mile SW towards Denver and was owned by a
-d WESTLAKE. In a radius of ten miles from Latham there
exceed ten houses, and those were occupied by ranchmen.
:s beginning as a low sod corral in 1858. In 1859 a stage
,stablished. Latham was first known as Cherokee City. In
established as an important stage station on the Overland
t junction after the Julesburg crossing was abandoned. It
nis time that Frank ROOT was employed by the post-office
t Latham. Latham was named in honor of Milton S. LATHAM
✓ a fort, but was the county seat for Weld County from
ation being the only house there, was a substantially built
•half story log structure fronting south. There was a
:ory, rough-board addition built on the north side, fronting
id west, in which were a large dining room, kitchen, bedroom,
louse. In 1869, the log cabin, which had been built one mile
a corral, burned.. The next day the neighbors built a sod
was used until 1900. The 1950 flood washed away the walls
ranite marker was errected for Fort Latham at the site of the
of the cabin, which reads as follows:
Site of
LATHAM
it Junction of Denver and California Overland Stage Routes
1859 to 1870
Refuge from Warring Indians
Camp of Colorado's 100 Day Volunteers in 1864
U.S. Postoffice, Store and School 1864 to 1870
County Seat of Weld County
Colorado Territory, 1865 to 1870
Erected by Greeley Lions Club 1927
Tt. jrave site has been fenced and Sena Ted GILL of Hillrose,
Colorado has erected a tombstone for his great grandmother which reads
as follows:
1861 Fort Latham Cemetery 1874
The Known Buried Here Are
1809 Magdalena SIMON 1861
Two PLOWHEAD Infant Sons
Several Others Unknown
Others listed in.Greeley Tribune articles:
members of the HYLE family
possibly two soldiers
Mrs. BELCHER and new baby - 1865
John Charles PLOWHEAD - died July 1864
4 Charles Francis PLOWHEAD - died August 1873
Mrs. PLOWHEAD - When they dug up the remains of Mrs. PLOWHEAD her lace
cap was still on her head.
PLOWHEAD was originally spelled PLAUGHEAD which phonetically
sounds PLOWHEAD according to Hazel JOHNSON, Greeley
historian.
Gustavus HULKLEY - died May 1864 - 20 years old from Alamo, Michigan.
See HUCKLEY on map of Latham Cemetery next page
See HACKLEY, Gustavus in story "A Funeral On The Plains';
next page
Andy LEMON - 1869 - The following information was supplied April 1980
by Jean NESSLER GUSTAFSON, 19587 Rd. 50h, LaSalle, CO. The
information about Andy LEMON was extracted from an article by
Mable HILL MORTIMER, titled "Lest We Forget". The article is
not dated. Andy LEMON lived in a sod house on a 160 acre
homestead in the north part of Greeley which included what is
now Island Grove Park and where Kuner-Empson stands. In the
spring of 1869 Andy sat rocking a cradle and the roof fell in
on him, breaking his back. Andy's wife, Martha WILLIAMS, was
one of 6 children of Enion and Synthia Jane WILLIAMS. The
other 5 were Dave, Seth, Rile, Doc, & Clark. Martha WILLIAMS
remarried to a man named BOTTOMS and was living in Oregon.
Clark WILLIAMS and his wife Mary had a daughter named Lena E.
who married Herbert P. HILL and their children are: Gurtrude
HILL HUTH, Mable HILL MORTIMER, Grace HILL SEARS of Ariz.,
Mary HILL ZIEGLER of Denver, CO., Elsie HILL NESSLER of Greeley,
CO., & Frank HILL of Casper, Wyo.
Excerpted from GO West Young Man by George BALL pg. 16
"The late George HODGSON, curator of the Meeker museum, told me one
day a touching story of one poor little woman who started from Atichison,
Kansas, with a sick baby. For a day or two the baby cried, then became
silent and the passengers concluded it was better.
At Latham the woman told them her child had died but she had said
nothing because she wanted to reach her husband in Denver and bury the
child there. The stage driver was sympathetic but said "Sorry, ma'am
but I have strictest orders not to carry a corpse. The only thing I
can do is stop over at Latham a short time and allow burial, then drive
like hell to Denver to make up time lost"— and this was done.
n The Plains," from The Overland .._:,.zit To California, by
T. pg. 547
afternoon of May 3, 1864, there died at Latham Station,
young man just out of his teens, named Gustavus R. HACKLEY,
:00, Mich. In company with his brother who was two years
they drove across the country in a spring wagon. The two
for the Rockies beyond Denver. They had arrived two or three
, but, owing to the sudden illness of Gustavus, a halt was
station. All that could be done for the unfortunate failed
him. A man by the name of PLOWHEAD, living secured on
make ch coffin.
a few
on the north side of the Platte, was
:nged that the funeral should take place the next day late in
:on. At the station were three ladies: Mrs. W.S. McILVAIN,
i agent's wife; Mrs. B.F. HOUX of Nodaway County, Missouri;
izzie TROUT, who was head cook. Besides the station keeper
, there was ARMSTRONG (the stock tender,) and his assistant,
the undertaker,) and four stage drivers. I was the youngest
crowd, excepting Charley McILVAIN, the ten year old son of
Everyone at the station had turned out for the funeral. The
at the station were brief, and I led the way to the grave,
been dug on the brow of a terrace, perhaps 300 yards east of
xi, an appropriate spot near the Overland Stage road. The
iers with the others employed at the station, acted as pall-
Slowly we marched out to the grave. I made a few remarks
to to the occasion. All there assembled
ndnt the
eelalast
torry
lace of the departed could not but sympathize
oung man who had lost a devoted brother.
MAP OF FORT LATHAM CEMETERY
N
1Baby few
weelts o d
woman - silver Woman - re. Young
braided hair person
fillings upper 14-15-16
& lower molars
Iron handles
Headstone
engraved
Gustavus R.
HUCKLEY 1864
E
Man-full beard
sweater-striped Man-redish brown
underware - Silkl hair. Heavy brown
handkerchief woolen socks on feet
small band elastic
Baby
Woman - lace
over head
cloth with
hooks & eyes S
Breast pin
someone sketched a map of the graves found when the Highway
_,., fbom while constructing Hwy. 34 on April 26, 1926.
Has the cemetery or burial ground been abandoned
Or
Has it become commons
Or
Does it endanger health of people living in the
immediate vicinity thereof
Or
Through neglect and disuse is it in danger of damage
destruction , desecration or obliteration
EXHIBIT
A 71.
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