The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-11-14
In Case of Haskell VS.. Common
wealth, Damages to Amount
of $1O03.31 Are Awarded the
Clinton Man
CLINTON ICE CASE
THEN TAKEN UP
Noon Recess Taken Up by Hear
ing of Divorce LibeI-TWo Di-
vorCe Cases Also Heard at
Conclusion of the Afternoon
Session of Court at FitChburg

Special to The Spy.
Fitchburg, Nov. 13.-At the opening
of Superior Court this morning the
jury in the case of Haskell VS.. the
Commonwealth, an action for damages
for land injured by the construction
of a sewer for the Metropolitan water
basin, was charged, and after being
out six hours brought in a verdict for
the plaintiff, and assessed damages at
$1O03.31. The water board had offered
$500 in settlement.
The Clinton ice case, Frazer ct al VS..
Fuller ct ais, was then commenced.
This is really a trespass action. The
parties are rival ice dealers at Gin
ton. The defendants leased a piece of
land on the banks of a pond owned by
the Bigelow Carpet Company and cal
led Messy pond. Between their land
and the pond the plaintiff leased
piece about IA feet wide. Over this
strip the defendants erected a run to
the ice house.
II. A, ThisseIl, civil engineer, Gin
ton, testified to the height of the water
in the pond and to hearing Mr.. Frazer
order Martin Bros. to remove the run.
They refused, and when he threatened
to move it they called their men to
protect it. Charles Frazer gave the
same testimony. Charles Frazer, Jr.'
corroborated the previous testimony.
Andrew. ]. Robinson testified that he
built the ice house for Martin Bros.
w A. Fuller was to furnish him the
lumber and pay him. He took ms Or
ders about the location etc, from Mar
tin Bros. who superintendent the build
ing of the ice house. The run was
separate contract solely with Martin
/ Bros, but Mr.. Fuller paid for all the
work.
| Daniel MiIanson, Lancaster, testt-
/ fed he worked for Martin Bros. MI
Breed paid him and the other help. The
| plaintfffs' case was all in this AFTER
noon. and Mr.. Buttrick outlined the
case for the defense. He salo they
would show that Mr.. Fuller had noth-
ing whatsoever to do with the cutting
4 of the ice, that he was a mortgagee
and nothing more, that he had nothing
To do with the trespass, if there was
, auv. and that the pond is great pond
and public.
The divorce libel of Martha A. Fill
more VS.. Albert B. Fillmore of Leom-
mister was taken up during the noon
recess. The petitioner alleges cruel and
abusive treatment and gross ana con-
! firmed habits Of intoxication. She was
represented by Franklin Freeman; the
respondent was so little interested in
the proceedings that he failed to re-
ply. Mrs Fillmore testified that they
were married in 1889 at Webster, that
they lived there, in Boston, Marshffeld,
. Leominster and other places. About
three years ago he commenced stren-
uous drinking career. and kept it up
to such an extent that it became
continuous performance, and her hus-
band occupied the centre of the stage
all the time. Z was a regular tank
drama, and Albers was the tank An
other witness corr oborated her testi-
mony, and her counsel introduced a
long list of convictions for drunken
ness against him. The court granted a
decree nisi and gave Mrs. Fillmore the
custody of their daughter, 10 years old
At the conclusion OF the afternoon
session the court heard two divorce
libels Anthony Carboni, a. Fitchburg
Italian fruit dealer, sued for divorce
from his wife, Annie, on the grounds
of adultery. They were married at
Lowell II years ago. The principal
witness was officer Heap, who tesu-
fed to seeing Mrs. Carboni and Arthur
Roach and another man in decidedly
compromising position, on the night
Of June II, 1898. Both pleaded guilty OF