The Newtown bee., 1891-11-20
TRUMBULL.
PHILIP CARR'S TRIAL.

TRUMBULL.
PHILIP CARR's TRIAL.
Not as many were out to hear the evil
dence in the trial of Philip Carr as one
would expect. He was charged with
keeping a nuisance in Nichols-his three
story piggery, where from 100 to 200
pigs, big and little, are kept and fed,
mainly on Bridgeport garbage. The case
came before Justice E. p. hobbs, a
Bridgeport attorney, because Trumbull
justices, all being members of the board
of health, could not legally render de-
cision in the matter.
Justice hobbs found him guilty and, to
impose a penalty for the crime being
outside the jurisdiction of justice court,
Mr. Carr was bound over to the Superior
court. His case is returnable at Bridge
port on the third Tuesday in February,
1892, Ii. j. Seeley of Bridgeport being
surety in bonds of 800.
Prosecuting Attorney John Chamber
lain represented the board of health and
was assisted by E. o. Hull, who is stu
dent in Lawyer Chamberlain's office. Mr.
Carr was defended by William Ii. Com
ley, whose law Office is in Bishop block,
Bridgeport.
When charged by the court with the
offence of keeping nuisance in the town,
Mr. Carr pleaded not guilty.
S. G. BEARDsLEY,
a a1pply of hn hoard of hoo1th
placed on the stand and read the follow
ing notice served on Mr. Carr:
Trumbull, Conn, September 20, 1s9l-Mr
Philip Carr: You are hereby notified to re.
move and abate the filth and nuisance caused
by your keeping and feeding large number
of swine on garbage in the village of Nichols,
situated in the town of Trumbull and State of
Connecticut, on or before the It'll day of Octo-
Der, 1891, and also to cease carting garbage
into said town of Trumbull after said date
samuel G. Beardsley, clerk of board fhealth
OF town of TrumbulI.
During his examination, Mr. Beardsley
told of the organization of the board in
November, 1890, of the notice prepared
by the committee of the board to act in
the case, Drs Seth Hill, Frank c. Stark
weather and himself and of leaving
it at his place of business on Broad
street, Bridgeport. Personally knew but
little of the matter, outside of issuing and
serving the notice.
DIR +. c. STARKWEATHER.
| saw Mr. Carr and know that he re-
ceived the notice from the board of
health. He wished for time to make ar
rangements, which was granted. The
doctor was sure that the state of things
at the piggery was menace to the health
of the neighborhood. Had visited the
piggery three different times; could not
fix any dates. Thought the first time
was in Spring or early Summer; was at
the piggery twice in one day, some time
in September. The lawyers had q tilt
over bringing the state of things at the
piggery into court, the prosecution claim
ing that if, in the opinion of the health
board, nuisance existed, it was of no
what the judge thought.
He cited the statute under which the
though arbitrary and harsh, the power
of the health board was absolute and
their candid opinion was all the court
need inquire into. The doctor thought
the piggery nuisance and had seen the
garbage carted in regulation cart,
with the lid off or partly off
and had seen it carted in barrels.
DIR SETH HILL
Testified to preparing the notice, after
with DR. Starkweather and
giving it to the clerk of the board. Am
confident the combination of piggery and
city garbage endangered health. Have
40 personal knowledge of the state of
,hings at the piggery.
With the examination of DIR Hill, the
prosecution rested and the defense asked
hat the prisoner be discharged, as they
Knew of no nuisance at the piggery and
,arting garbage could not be construed
Is such; neither could any one say that
he evidence introduced showed nuis-
lnce existed at the piggery. The judge
allied to see it in that light and the de-
ence was called.
PHILIP CARR.
Reside in Bridgeport; own the piggery
n question. Have kept piggery on the
PREMISES eight or nine years. Don't
now as / keep them any better now than
hen, but keep better hogs. Feed them
and some meal and bran. l
,beyed this order of the board of health
o the best of my ability. | still cart and
eed garbage to my hogs.
ROWLAND BROOKS.
Reside in Trumbull, work for Philip
Arr on his farm and care for pigs which
re fed on garbage, meal and bran. One
Dad and sometimes two are received in a
ay; between 100 and 200 hogs are kept.
The defense rested, with these two wit
esses. e. o. Hull reviewed the evil /
ence and said thst it clearly showed that J
he health officers thought the piggerya :
uisance and read the clause showing !
he powers of such boards TO judge in 8
matters of such vital interest and asked I
hat the prisoner be bound over. After :
wordy combat over the jurisdiction of I
he Justice in the case, the court render !
d his opinion as stated.
Mr. Cars management of his NichoIs