New Britain herald., 1927-02-02
MASONIC TEMPLE
 CASE UNDER WAY Judge Jennings Proceeds With
 Russell Street Protest RAYMOND TAKES STAND
Case Opens On Supposidon That Board of Finance Has Authority To Grant Exception Allowing Construction of Building.
Especial to Tho Herald)

Hartford, Feb. 2-Ruling that the case will be tried de novo" and that it will proceed under the presump- ton that the New Britain board of adjustment had the right to grant a special exception, Judge Newell Jennings in the superior court today heard part of the testimony on the appeal of Russell street property owners that construction of a Ma sonic Temple in their vicinity be prohibited.
 Yesterday Attorney John T. Rob- inson, counsel for the appellants, argued that a review of the case with all it's evidence from the be- ginning was required and there was considerable wrangling between at torneys for both sides as to the meaning and application Of the words de novo" and as to the pow CTS of the superior court in the premises. Judge Jennings declined to make a ruling at that time, re- serving 1t for today.
 Yesterday Francis x. Carpenter, of the law firm of Day, Berry and Reynolds, which is assisting Corpor- ation Counsel John H. Kirkham in the citys case, denied the claim Of Attorney Robinson, quoting from le- gal authorities.
 It was decided by Judge Jennings that the evidence will go on and that the appellants will have to prove that the board had not the right to grant a special exception in the case. Later. the other side will be called upon to substantiate it's claim that it had the right.
 The first witness called this morn ing was Thomas Linder, appraisal engineer of New Britain who pre- sented maps and minutes of the board of adjustment meetings.
 Sherwood H. Raymond, chairman of the Masonic building committee. was then called to the stand. In answer to a question as to the req son for desiring to building a Ma sonic Temple on Russell street, he said that it was the wish to be near the center of the city and in quiet locality.
 He was asked why the West Main street property was disposed of, but the question was ruled out. He stated that the building corporation has no written agreement with Andrew J. Sloper for the purchase of the property on Russell street. but that there has been a verbal agreement to that effect in the event that the building is allowed.
 MT. Raymond gave as the reason for not having built temple on West Main street, that the corpora ton could not finance the propo- sition. He said that if they are not allowed to build on Russell street, it will work a hardship. since nine months have been spent in going over 13 pieces of property in an ef- fort to find out which best suited the needs None but the Sloper property was found to be available. At that point Attorney Carpenter asked if they had considered the William C. Hungerford property and he stated that it had been considered.
 A list of properties studied by the committee was submitted, together with the reasons for finding them unsuitable. This list was:
 Hungerford property, not large enough.
 Dr. c. w. Vivian, West Main street, foundation cost would be ex- cessive.
 William F. Beers, Pearl street noisy location.
 Chatfield property, High street, price too high and too near railroad.