The Newtown bee. (Newtown, Conn.) 1877-current, 1903-12-25
Ten Pages
LOCAL AFFAIRS.
THE kEATING-CAREY CASE.

1O~AA al <11Nos
THE kEATINd-CAREY CASE.
CONTINUED ON MONDAY IN THE COURT
OF COMMON PLEAS AT DANBURY, Be
FORE JUDGE DOWNS.
CONTINUED FROM PAGE THREE.
Michael Queaiey took the stand,
Tuesday morning. James Farrell and
Beardsey hired me to work on the
road that day. We built over the cul-
vert that day and made it about three
and one-half feet high, raising it about
one foot. We tore Il hole in Carey'S
stone wall to let water through. There
was small hole there before. The
wash of the road had been carried on
to the field for about 20 feet and about
a foot in depth. l have seen this wash
Of the road for many years and have
seen ice on the lot On which you could
skate The wash of the road had been
carried on to the field through cul-
vert built by Mr. Glover several years
since. | have seen it there for 10
years. Some stones were taken from
old culvert to build new one. The
water used to go into Tom Carey's lot
and has done so for several years. l
found sand and stuff on the field when
dug potatoes last fall. l worked on
the ditch in question two and one
half days, last fall. We dug ditch SO
as to give grade to the water to run
Off "When | works for the town l
does big days work not to rob the
town." Can not tell what day | dug
M told RI, dir
that ditch. Mrs Carey said nothing
about the job. Morris told Tom Carey
to get me and Henry Slater to do the
work and 1 told Mrs Carey to have
Morris turn my pay in to pay my tax
es. If bank wall had not been built in
front of sluice the water would have
gone down through the lot like a
Streak of lightning. l did not have
anything to do with the blowing, May
81. Will Farrell and Tom Carey plow-
ed from the hog pen (keating's) west
to road and north to hole in wall OppO-
site sluice.
On cross-examination Mr. Quealey
continued: we dug down qnite deep
wall was dug in May before potatoes
were planted. [ never worked on any
sluice except one there now. The
hole was enlarged to let water through
into Carey's lot. The water used to
cross the road before the culvert was
put in. l opened hole near keat-
ing'S corner since the stone wall was
built. We dug ditch little below Mr.
keating'S barn so that water would
not run into the barn yard. There is
a heavy grade below keating's barn.
1t was a new ditch we dug. Do not
know as water ever ran there before.
When we dug ditch we found old shoe
about two feet under ground. The
close to division fence. l never work
ed on Carey land except the time |
helped to dig ditch, only when l help
ed Tom personally The water used
to run from highway on to Carey lot
before this sluice was put in. Near
Keating's barn Carey used to pillow and
plant crops The shoe we found was
near keating's fence. Did not see a
drain opening from Keating's land on
to Carey's land. They started to put
a sluice across road near Keating's
corner but there was no water there.
When we dug new sluice we filled in
to run off highway on and across Ca
rey's lot, came down the hill from
north and washed across. The. old
ditch we found was on Carey's lot not
leading from Keating's land. 'In the
best of my belief, as far as | could go
and tell the ditch near Sluice is about
three feet deep" | used to see water
run down driveway towards Carey's
barn.
Hermon II. Peck testified: Old
sluice has been there as long as l can
remember. Driveway to Carey's barn
carries off small amount of water
gathered near Carey's house. Water
from off hill ever since | can remem-
Der has run down on west side Of high
way and down to old sluiCe way. Old
sluice way carried water comforta bly,
up to II years ago. Have not worked
that road last 10 years; prior to that
worked it for about Is years. There
was stone sluice way still north Of
Carey home. At that time road was
cut north of Carey's house running
east, some of drainage water was run
on to our field just north of Carey
house. Lowest part of road is about
Is feet north Of present sluice: fresh
cts used to flood road and water would
spread over field.
Mrs Thomas Carey has always lived
on place now occupied by her. Does
Sluice still north of that was put in
before my day. Do not know any
thing about size Of oldest drain. Wa
ter used to run down by sid of high
way and through opening in wall near
Keating's corner. Some water used to
drain through wall into shallow ditch
near the division fierce. Bulk of Wa
ter ran between highway and fence to
near keating's corner. Hole in wall
near X eating'S corner has been there
as long as [ can remember. Small
RI +<,1, Hoc ,,1x
frOmp resent siuice way to near keat
ing's corner. DO not know anything
about size of ditch near divisionEfence.
In December my husband told me
Heating wanted bank wall removed
| have nothing to DO with maintain
| ing chat bank wall. l supposed town
knew what it was about in building
that wall and | did not interfere
Had nothing to do with building it
and do not intend TO remove it. Soon
after ditch was cut Mr. Heating did
not come to my house TO ask to have
any conversation about bank wall Il
did not tell keat ting water had always
run there and always would run there
and | should not allow it to be chang
ed Mr. Heating has never spoken
about this matter. James Farrell land
Mr. Morris came to see ME and | told
them they had better not take down
bank wall until he had seen Mr. Carey.
[ did not know what wall he meant:
it might have been stone wall. Did
not suggest that it he left until Japu-
airy l. Mr. Slater did not tell me Sep
TENDER l that they talked Of removing
bank wall because it was damaging
Heating. Know nothing about any
letter received from Mr. Reecher.
Know nothing of any controversy.
A this point motion for non-suit
WIS made by Attorney Murphy for the
defendant, replied to by Attorney
Wakeman for the plaintiff and Attor-