Waterbury Democrat., 1902-03-18
DISPUTE OVER PROPERTY.
The Cause of Interesting Trial Before
 Judge Gager.

The Cause Of Interesting Iflal belole
 Judge Gager.
 In the superior court to-day, before Judge Gager, the hearing of the suit for $150O0 of Ann J. Partree against Theodore Atwood was resumed. Pro- ceedings were somewhat delayed by the tardiness of witness for the plain tiff. The names Mrs Matthew Lynch, Henry Lawlor, Truman Smith and Martin Byrnes were called and no re- sponse was given. Chief Snagg's uni form attracted the attention of Colonel Burpee, counsel for the plaint1tf Wltn Attorney O'Neill, and he was called to the stand. The chief testified to a ire taking place on the property ln dls- pute. where Frank E.. Smith conducts livery business on East Main street. The date of the fire was about Novem- Der 30, 1883. The property was then In possession of Matthew Lynch.
 By this time all of the witnesses had arrived and Truman J. Smith Of oak vile was sworn. He testified to hay- ing spoken with Francis Atwood, father of the defendant, deceased, on several occasions about the property also with John Partree. deceased, nus band of the plaintiff. Partree had told him that Atwood was trying to freeze him out of the property by a put up job." Witness, upon telling this to At wood, Atwood replied that there was no truth in the story; that Lynch owed him $3,0OO. with interest. and that he did not see how he could get his own out of the property after the damage done it by the fire.
 Witness was having a subsequent conversation with Atwood about the matter when along came Lynch. At wood asked Lynch when he would pay him back the $3.000 he had lent him, and Lynch said he would pay it as soon as he was able, that it was diff1- cult to raise money. This evidence was to bear out Lynch's story told on the stand last Thursday that he had conspired with. Atwood so that the lat ter would enter proceedings for fore closure for $5.000, in order to freeze out Rartree. who also had a mortgage on the property.
 Martin Byrnes was on the stand halt an hour or more and also stated that he had always understood that Lynch owed Atwood only S3,000.
 Robert McGrath testified that fog. merIy he did business where James Dugan is now located in the c. A. R building and that there was door Ill the fence in the rear. He thought this door went with the premises Ee rented until ssUncle Matt" as Lynch was then called, notified nim to the contrary When Atwood foreclosed on Lynch Atwood informed witness, but the latter refused to pay him rent for the doorway until notified by Lynch. Atwood said he would nail up the doorway and witness said he would break it down. Thereupon foi- lowed a period of mailing up and breaking down the doorway until Att wood got tired and had Uncle Matt' notify witness of the change. Then friendly relations were established and Atwood informed witness that he was merely trying to save the property from Partree for Uncle Matr.,' who owed him $3,000; that Partree was trying to beat ''Uncle Matt out of the place To this witness replied that if there was any thieving i5i the trans action, he, Atwood. was doing it. At wood said nothing to this.
 Mrs Ann Lynch, wife of "Uncle Matt,'' was the next witness She testified to her husbands varied busi- ness career, which began the rear fol- lowing the close of the war Soon after. her marriage Lynch went into the meat business with I man named Cooke, on the Watertown road. They parted after few years experience in which Lynch lost all he had. Then he tried it alone and was successful to some extent. The money he had saved he invested in ths livery busl- Eess on the property iu dispute. The business was in Mrs Lynch's name to protect him from Partree, she said, who had a claim on him. He raised S2,O0O or $3.00O on mortgage from "O1d Tom Martin as he was popular ly known. This was paid up With S3,OO0 obtained from Atwood on a mortgage, witness jleeding the prop erty to a friend who deeded it over to Lynch and he gave Atwood the mortgage on it. One day there was a meeting of Lyncn and Atwood :t the formers house on Cherry street. Atwood counted out $3.000 to witness, who handed it ov.,r to her husband. He gave Atwood bis notes for the money A number of papers were also drawn up. Towards the close of the interview Lyn.n handed back tie money to Atwood, also the notes and all the papers that were drawn up during the visit. .A,wood said that this saved the property from Pl.tree. This transaction is said to have been the conspiracy complained O. in the in- formation.