The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-03-31

and so per cent. was paid. The compa-
ny is now dissolved and it's affairs clos
ed up.
CRIMINAL TERM OF THE SUPERB
OR COURT.
The April term of the superior court,
criminal side, will open next Tuesday
afternoon at 2 o'clock with Judge
Shumway on the bench. There are
tWenty-one new cases and four old ones
to be tried. Among the prisoners are
three physicians, two murderers and
one woman. There is one case for the
grand jury Giuseppe Gandini of Stony
Creek, charged with murder.
1868 DAMAGES FOR PLAINTIFF.
The suit of Frank T. Lane VS.. Marcus
p. Smith and the Morris Cummings
Dredging company, which has occupied
the attention of the superior court four
days, for digging channel across the
tidewater flats in front of the upland
belonging to the plaintiff and between
high and low water mark at City
Point was decided in favor of the
plaintiff yesterday afternoon.
Mr.. Lane owns three pieces of prop
erty at City Point, two of which were
crossed by this channel 1t appeared
that Marcus P. Smith of Smith BROTH
ers at City Point oyster growers, OBJ
tanned in June, 1896, a permit from the
secretary of war and in August of the
same year permit from the harbor
board for New Haven harbor to dig
this channel and on Saturday, August
%, 1895, brought 6 steam dredger to
City Point at 10 o'clock at night and
Immediately commenced dredging
across Frank Lanes property and con-
ttnued throughout the following Sun
day until completed. All Of the work
was done inside the established harbor
line. The plaintiff then brought suit
August 81, 1896, for the trespass and
claimed damages for the injury to the
flats, to the oyster ground, and to the
oysters lying in it at the time and also
extra punitive damages for the inten-
tional injury done him by the defend
ants.
Judge Wheeler charged the jury yes
terday afternoon that the permits in
question obtained without notice to
Frank Lane or an opportunity given him
for a hearing were no justification for
the unlawful act of the defendants;
that the riparian owner of land abut-
ting on tide water had the right to
wharf out or fill in over the tide water
flats in front of hisnpland to low water
mark and in general to use these flats
for any purpose which did not materi-
ally interfere with navigation, such as
would be wharfing across natural
channel; that digging of an artificial
channel even in the interest of navi-
CATION was taking of the property of
Lane for which it would be necessary
to start condemnation proceedings and
assess benefits and damages; that in
estimating the damage therefore the
Jury could not take into consideration
the effect upon the value of Lanes
property this new channel would have
IL it remained open to use; that 1t was
not to be presumed that an unlawful
trespass would continue: that the dam
ages therefore were to be measured by
the cubic yards of soil required to fill
up the hole and restore the plaintiff s
property to it's former condition, to
which should be added the value of
the oysters upon 1t which were de-
stroyed or carried off with interest,
both items of damages amounting as
Lane claimed to $545, as Mark Smith
Smith claimed $3.50. The court further
charged the jury that if they found
that the defendants dug this channel
intending to injure Mr.. Lane or in a
| culpably negligent manner they might
award in addition a. sum for punitive
damages measure by the expense of
counsel fees and other expenses irreve-
| lent to the suit.
The jury were out about an hour and
then returned verdict for $1127, which
| included punitive damages. The court
| refused to accept the verdict because
| excessive and order them to reconsider.
The jury retired and later returned a
| verdict for SS68, including punitive
| damages, which the court accepted and
| ordered rendered and then after COM
plimenting the jury for their conscien-
| tious discharge of their duties dis
| charged them from further attendance
| at this time.
There was some dissatisfaction ex-
pressed by individual jurors later at
| the refusal of the court to accept their
| first verdict which they declared to be
in their judgment entirely reasonable.
| Henry Stoddard and Roger S. Bald
| win for plaintiff and William H. Ely
| and Howard c. Webb for defendants.
| There are four other cases pending
| either before the superior or supreme
| court consisting of appeals taken by
the plaintiff in this case on the as
| sumption that the channel in question
| was lawful one. 1t is undecided yet
| whether the defendant will appeal.
DELLERT DIVORCE SUIT.
In the superior court, civil side, late
yesterday afternoon the divorce suit OF
William H. Dellert against his wife
Margaret Dellert, was begun. Mr.. Del
lert is an engineer on the Consolidated
road and does not live with his wife
She resides at No. 4S0 Howard avenue
The suit is brought on the grounds Of
intemperance.
City Court-Criminal Side--Judge Bishop
| Tn tho pifv court Yesterday roorninp