The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-08-13
ASK INJUNCTION
AGAINST CHURCH
Continued from First Pase.)

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as would seem advisable 10
cause its ruins to be repaired The Pc
tition to the Council concluded as fol-
lows:
"Thc lapse OF three more years
of neglect hrs but Increased the
dcsOlntionx which oversprcnd this
ancient city OF the dcnd. There is,
perhaps, no spot within our Conn
monwcaltl, around which there
linEcr prouder and holicr memories
than this. Here the infancy OF
our great and prosperous country
wns rocked by our noble sirea, and
here, too. sleep the remains of some
of our earliest ana most worthy
citizens.
"To neglect such n spot lis to
forfeit our claim MS the worthy de-
sccndants Of such slrcs, and to pro-
claim our shame to the hundreds
of our citizens from other States
who annually visit 1t ns spot
made sacred to them in the story
of our struggles for national indie
pendence.
"From this scene OF ruin. what
impression of us must they carry
with them to their distant honest
VIII You not adopt some prompt
and cffectUnl measures to remove
this repr0ucll from the honor of
our city:"
The bill recites the various ordi-
nances adopted by the Council al sub
sequent dates, all bearing upon and
sustaining the agreement long ago
reached by which the city was vested
with control of the graveyard proper.
The Mayor goes on to say that the
duties and obligations assumed by the
city under and by virtue of the said
arrangement with tho vestry have been,
from the making of the arrangement.
faithfully kept, and that in so keeping
the said arrangement the city made
large appropriations, in the whole ag-
gregating noless than S34,557.O7. This,
he contends. created n valid and bind
ing contract between the city and the
trustees, which this court can and
should enforce, If violated By either
party to the contract. 1t is contended
moreover, that until a very recent
date the vestry recognized the validity
and binding force of the agreement In
question. In support OF this the com
plant recltes the petition sent to the
Council, and signed by the vestry OF
St Johns asking for authority to
proceed with the erection OF the mo-
mortal chapel
All the recent facts connected with
Viz aNlGsii DelWes! rlilS #NeSLTy# ana lNt
Mayor are related, including the rea
sons why Mayor Mccarthy opposed
and vetoed the ordinances, calling at
tention also to the fact that the Off
Gers actually began the work of exca-
waiting for a foundation in July with
out first having secured consent to
carry out the plans.
Dissertation OF Graves.
Concerning the charge heretofore
made that many graves would he des
ecrated by excavating for the construc
ton Of the chapel, the complaint says
Your complainant is advised, be-
lieyes, md therefore charges, that
the excavation necessary to be
made for the construction of the
proposed building Will disturb Il
number of the graves of the dead
buried within said square, and Will
cover up and obscure from ObserNn-
ton many others, ns well nn the
monuments over the same, among
them the grave OF 'Nlnry Dcrkley,"
over whose grave there In a white
marble slab, covering n brick vault,
which slab bears the following in-
scription;i "Here lies the dust of
Mary berkeley, who departed this
life May 20, lT43. This monument
WAS erected by her husband, Nelson
! Berkeley, to mark for future years
the spot where she WIS laid, She
is gone, but we shall meet again."
| ii vii! likewise disturb the mon
uInent over the grave Of Mary
| GrinEan, aDHs0Tt Of DIR. JDl,n
Crlngnn, formerly an cmincnt phy-
! slciun of this city 2ier children,
| 10 whom her memory was unspeak-
4 ahlya2dear, erected the monument
and engraved thereon this tnuch-
ing inscription; "Iier children,
prompted by hlial affection for n
behaved purent, have erected this
kcpulchrai monuments" likewise
the grave of Maria Winchester, the
wife of the Rev. Edward Wlnches-
ter, u prominent divine In his day,
| VIII also be dcatroyedj the grave