LIVINGSTON CEMETERY

AT FREEMAN IN CLAY TOWNSHIP

This information is given by Julian Livingston and originally appeared on the site for

Indiana Pioneer Cemeteries and Restoration Project.

The pioneer "Livingston Cemetery at Freeman" in Clay Township of Owen County cannot be easily visited since the people who own the surrounding land make it very difficult to obtain access.  Mr. Jack Clark who lives on one side has escorted William Evans, a local resident and relative, as well as Bob Wolf out (at gun point). They crossed his property to get to the cemetery.  I personally have been refused entrance by Clark.  Clark at one time offered a 4-foot-wide easement to me (at a high price) that led through an open sink hole; he would have required it to be barb-wire fenced and covered with stone as part of the deal.  I had to take that as a joke on his part.

William Evans obtained approval from the Township Commissioners to gain entrance, then told the township commissioner of the problem. My understanding was the Township Commissioner was then refused entrance by Clark.

Mr. Swanay, who lives on the other side, is more reasonable but is seldom available and has the whole area tall fenced and guarded by dogs.  Mr. Swanay requires that anyone entering over his property sign a release for injuries sustained on his property.  There is a third way into the property over about a mile walk through a shooting preserve -- not the best route for our elderly relatives. There, you give someone's name if you are accosted by a member (provided you aren't shot first.)

My belief is that no one pays taxes on the cemetery and it is owned by the township but the township makes no effort to keep the weeds, brush, and trees controlled inside the cemetery or to keep an easement working.  I find that it is easy enough to pay $85 per cutting to a local resident and get it cleaned up.  That person (who lives across the road) has no problem getting in.  I did not have it cut this most recent summer so it would probably be over $100 to get it done next summer.

My earliest Indiana Livingston ancestor is buried there as well as the following generation, then some members of the third generation. My concern is that Clark or Swanay will simply bulldoze their "problem" one day and no one will be the wiser.  Contrarily, Clark likes to claim that his keeping people out protects it.

I have visited the site many times since my first visit in the 1940s.  Then it was still attached to Livingston friendlies and was easy to get in.  Its condition varies according to whether I put out the money to have it cleaned up.  I am not able to do that work myself even if I could gain easy access.  Currently, it is in poor condition.  It it only takes about two years for it to be completely submerged by brush.  It is 170' X 70', according to William Evans' map.  There are about 50 recognizable stones, most with names and dates, and more depressions without stones.

I don't know if this one qualifies for your list but it certainly worries me and I wish some law covered it sufficiently to get control of it.

There is a direct path possible through a wooded area at the boundary between Clark and Swanay and I really think a small expenditure by the county would preserve this cemetery.

Julian Livingston <julian@bluemarble.net>
January 27, 1999