Efforts to close a road leading to Flack Cemetery, three miles east of White Gravel in Madison township is causing much dissension in the district and will be investigated by the grand jury which convenes February 29th.
About 82 years ago Isaac Flack, owner of a large farm, dedicated a section of his land to a public cemetery to be known as Flack Cemetery and built a road from the main highway to the cemetery. The road is about three-quarters of a mile lone. His original deed for the land preserves the cemetery and road, his heirs said. A short time ago, a grandson Alva Flack, sold the farm to Will Stewart. Stewart claims his deed to the farm includes the cemetery and road. He also claims that to reach the cemetery three gates on his land must be opened and closed, and that he desires to close the road to the public.
Residents of the community say they have buried their dead in the cemetery for 82 years and for that period of time have used the road without molestation. Several families have relatives buried in the lot.
Sampson Flack, fireman at the Seventh street station, has relatives buried in the cemetery. He is the son of the man who dedicated the cemetery. Flack’s parents are buried in the cemetery and a few days ago he and his family desired to visit the cemetery to fix up graves and to place flowers.
Flack said that when he entered the cemetery road, Stewart stopped him and refused to let him visit the cemetery. An argument ensued and Flack claims Stewart threatened to hit him with a rock. To prevent trouble, Flack said he backed out of the road and returned home.
He then filed a charge of threatening assault against Stewart in the court of Walter Ketter, Wheelersburg magistrate. Stewart in turn filed a charge of trespassing. Magistrate Ketter dismissed the trespassing charge and bound Stewart over to the grand jury.
Residents of the community and persons having relatives buried in the cemetery are deeply interested in the outcome of the hearing. The people claim the road is a public route and that Stewart cannot prevent them from using the road or visiting the cemetery. 1
