The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-11-13
Evidence All in and Arguments
Made in Case of Haskell VS..
Commonwealth on Trial at
FitChburg Court
CLINTON ICE DEALERS
APPEAR IN NEXT CASE
Worcester Woman Who Is a Cir
Gus Performer Asks a Divorce
on Grounds of Non-Support,
. Cruelty, lntoxiCation and Ad-
uItery-EIIa M. Spring Free

special to The Spy
Fitchburg, Nov. 12-Today's session
of Superior Court was almost entirely
devoted to the Haskell VS.. the Common
wealth case, the suit for damages for
alleged injury to the plaintiffs S, land in
Consequence of the construction OF the
Metropolitan water basin. The counsel
on both sides made their arguments and
the court will charge the jury at $50
a m, Wednesday.
The next case in order is Charles
Frazer ct al, VS.. William A. Fuller, ct
ais. The parties are ice dealers in
Clinton. The case is an action of tort,
and the ad damnum is set at $4,000. The
writ is dated January "a, last The
plaintiffs declaration sets forth that
Frazer & Son are ice dealers On Gin
ton. The defendants, William A. Full
Ter. James A. and William H. Martin
doing business under the firm name OF
Martin Bros, and their servants broke
into and entered a close in Clinton and
erected a platform there, tore up the
soil and carried away about 1000 tons
of ice in January 1901, forcibly continu-
ed and maintained said platform and
posts and deprived the plaintiffs of the
use of the close and prevented them
from cutting and harvesting ice in said
close, in consequence of which they
were put to great damage, loss and ex-
pense to procure their supply. The
second count states that plaintiff leased
from the Bigelow Carpet Company q
tract of land a portion of which was
covered with water and from which
they intended to cut their supply of
ice About January 20 the defendants
entered upon said premises and eject
ed plaintiffs therefrom, and have con-
tinued to exercise exclusive and sole
possession.
The defendants answer is a general
denial. The plaintiffs are represented
by Jonathan Smith and the defendants
by Bancroft & Buttrick. In further ex-
PLANTATION 1t may be said the defend
ants, Martin Bros, formerly cut their
ice in Boylston and carted it to Gin
ton. That they leased a piece of land
and got Mr.. Fuller to build them an
ice house on ii, and that they got per-
mission from the Bigelow Carpet Com
pany to cut ice in the pond. The de-
PENDANTS claim that after they had OBJ
tanned this permission the plaintiffs
leased a strip of land around the pond,
IA feet wide, between the pond and
their land. The defendants admit that
the run from the pond to the ice house
goes over the plaintiffs leased land,
but they deny that they have in any
way prevented plaintiffs from cutting
ice and say their ice house is on their
own land, and that plaintiffs could not
erect an ice house on their strip of land
IA feet wide. They also deny that Mr..
Fuller is in partnership with Martin
Bros. The case was opened and evil
dence will be introduced tomorrow.
At adjournment the court heard the
divorce libel Of Primrose D. Shadman
VS.. Winfield S. Shadman or Shedman.
The petitioner lives in Worcester and
the last known residence of the re-
spondent was New York City. The
parties were married in New York, and
have lived together there, Cambridge
and Revere. Mrs. Shadman alleges
cruel and abusive treatment, non sup
port, gross and confirmed habits of in
toxication and adultery with Florence
Wilson, Mary O'Neil and others at d.
vers times and places. She is repre-
scented by A. S. PinkertOn. Mr. Shad-
man put in no appearance. Mrs. Shad-
man is a circus woman.
In the divorce case Of Ella M.
Spring VS.. Fred A Spring heard at the
close Of Mondays session the court
grants a decree nisi on the ground Of
cruel and abusive treatment and gives
her custody of her minor child.