The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-08-13
ASK INJUNCTION
AGAINST CHURCH
.CityOfficials Make Appli-
cation and Submit
Long Complaint
GRAVES WOULD
BE DESIGNATED
Alleged That Excavation Will
Disturb Resting Place Of
Dead Mr.. Pollard Goes
Into History for a
Hundred Years
Back.

Acting under Instructions OF Joint
resolution by Council. City Attorney
Pollard filed in the Law and Equity
court yesterday application for an in
junction to restrain the officers OF his
.oric St Johns Church from proceed
ing with the erection OF Sunday
school chapel, permission to build
WHICH has been refused by the city.
Mayor Carlton Mccarthy signed the
bill of complaint. The matter has
been submitted to Judge Ingram for
nearing IN September. and in the mean
time the officers of st. Johns have an
nounced that they will not attempt to
carry out the plans until their right
to do SO has been judcially deter
mined.
In the preparation OF the complaint
Alr. Pollard had to go back into a
record running over a period Of more
than one hundred years, and he has
brought forth historical facts, in the
nature of exhibits, which give the
most interesting chapters in the MIS-
tory Of famous church. Along with
the contention that inasmuch as con-
troll of the graveyard was vested in
the city the vestry could not make
chahScs IN the property without the
city's consent. Is the allegation that
to erect the chapel 1t would be neccs-
sary to desecrate a large number of
graves. The court is asked to issue an
order whereby the proposed pan of
the officers. trustees or vestry may be
enjoined.
The Dill of Complaint.
It appears from the bill of COM
plant that two of the lots In the
burial ground were owned by ST.
a,1F 1. f,ty< 49,.
chased by the city of Richmond. the
four being enclosed with one wall and
the right to control the entire prop
erty, with the exception of the church.
being vested In the city. william
Byrd, tho founder of Richmond, con-
veyed to the Parish of Henrico two
OF the lots. the deed being recorded
in 174o. Soon thereafter the church
was erected. and in that building in
1875 the Convention OF Delegates. rep
resenttng the people of the Colony OF
Virginia, assembled and held its ses5
sons. Within its walls also Patrick
Henry, the tribute of the people, de-
livered his memorable address which
had the effect OF precipitating the
Revolutionary War.
| After the Revolution the use of the
| church building for divine purposes
! was largely abandoned. and from 1900
| to 1S15it was practically deserted. SER
| vices being held only th:ee times a
lyear. The same year the vestry of
St. Johns made overturcs to the leg
| islative body of the city. and an
| agreement by which 1t could take un-
der its care the management and con-
troll OF the two lots was finally rau-
| fed.
at meeting of the Common Coun-
| Gil held on October s, 1918, an ordi-
nance was adopted appropriating the
sum of $1,000 to pay the expense of
enclosing the entire square on Rich
| mond Hill, bounded by and II
Streets and by Twenty-fourth and
Twenty fifth Streets, and preparing It
for use as a. public burying- ground for
white people.
Petition TO Council.
1t is stated In the complaint that on
May 2, 1856. committee Of the vestry
of ST. Johns was appointed to apply
to Council for the protection and pres
1 ervation of the buryingground. This
committee called attention to the neg
! lected condition Of the property, and
. asked forrthe adoption of such prompt