The daily morning journal and courier., 1894-08-10
hAxDEy,s YEw SCHOOL HOUSE.
Judge Hotchkisa Refuses 10 Dissolve 'tsps Temuorary iniuaction

Judge Hotchhisa Refuses 10 Dissolve H | '' Temporary Injunction.
 Judge Hotchkiss presided over the
 session of the common pleas court. civil
 side. yesterday when the hearing on the
 dissolylng of temporary injunction
 took place. The case at Issue was the
 celebrated case of the citizens of Ham, den against Edwin B. Atwater to re- strain the latter from building Q school house on the site Of the old town oeme- tery. Late in tho afternoon Judge Hotchkiss rendered s decision refusing to dissolve the injunction. In oonse- quence of this decision the injunction will remain In force until next month when 1t wul be tried on its merits.
 Tho question at issuo was whether or not It was . dissertation of burial ground to erect school house on it. The question was raised by Captain s. P. Crafts, John 0. shares and Edward W. Potter, all residents of the Ninth school district of the town of Hamden, who obtained an injunction last week to restrain Edward B. Atwnter from prosecuting the work of erecting q school on the burial ground
 motion was made to have the in Junction dissolved. At the hearing At torney J. II. Webb appeared for Mir Atwater. who is acting as a committee or the district. and Attorneys Dow and Gallagher for the plaintiffs.
 The first witness was Edward W. Pot ter. selectman. He stated to the court that the remains of his great grand father and grandmother are resting in the cemetery and said that he did not think 1t proper to have the children romping about over their heads. All Of the headstones were removed some time ago. but the bones are still there. He also testified that in his opinion the district did not hold clear title to the property and should not build on the land.
 It was suggested that the court and the lawyers should visit the location in order to have better understanding. and the party took carriages and view ed the cemetery and school house.
 After the party had returned the hearing was resumed in the common pleas court room and number of Hamden witnesses were examined.
 The decision of Judge Hotchkiss is a signal victory for Captain Crafts and the other objectors to the contemplated site of the new school house
 Tn the Ninth school Aiofricf ;v an ola country school house that has served as a place of education for the youth of the neighborhood for several genera tions. It is old and decrepit, and the taxpayers of the district have held sev- eral school meetings to take action pro- viding new and better edifce. Some of the citizens claim that the old build | ing could have been repaired and en- larged at an outlay of a few hundred | dollars to serve all purposes, but in stead on July 10 the meeting decided to | build 8 new school house at an ex- pense of $l600. The vote says that the building shall not be located within twenty feet south of the present build | ing. ... !
 Some of the citizens claim they did | not know the vote permitted the build ing in the cemetery, else they would hay stoutly opposed the scheme at the | school meeting. On August tempor- ary injunction was got out, the petition CTS being Captain Samuel P. Crafts, 1 Edwin W. Potter ana John o. Shares, | to prevent the erection of school house as proposed.
 These gentlemen claim that such plan is nothing more nor less than the dsecration of one of the old established Of the town. where many of the old andAipfuential families of New Haven and ..Hamden are buried, and they propose to fight the matter for all it is worth. Mir Potters grandfather lies buried in the plot and the ancestry of MT. Shares are inferred there. The Committee is Edwin B. Atwater md he went ahead and made the con- nt