Waterbury evening Democrat., 1903-05-26
SUPERIOR COURT

r A
 pscial Session Adjourned to Next
 ruesday, when Strikers Gases are on, & A special and regular term of the
 hperior court, criminal side, were
 pened here to-day before Judge
 Wheeler. Last week 1t was agreed
 hat day for the hearing of the cases
 gafnSt the eight trolley strikers should
 e decided upon to-day, but when
 burt opened only Attorney Russell <ne of the attorneys for the defense,
 Eas on hand. The state was repre-
 snked by Attorneys Kellogg and Viii
 Jams. The latter opened proceedings,
 emarking upon the absence Of rne
 hree lawyers for the defense, Q Nell,
 Kennedy and Danaher. He said that
 Er Danaher had informed him that ne
 opId not be present to-day. MT Rus
 Fen said that he had word from MT
 )sNeiu that he was iRdisposed and un-
 hle to be in court but that so far as
 k was concerned he would be ready se 20 on with the cases next Tuesday.
 fe also requested the court to pass
 n order permitting one of the attor-
 ays for the defense to be present at Ihe drawing of the jury panel
 Mr Williams opposed this request, savang that the law prohibits 1t and hat 1t allowed only the sheriff and kshe clerk of the court to be present. Such a request was unusual ana un- precedented, he said.
 E The court allowed that while 1t was unusual to allow counsel for an ac- cused to be present at the drawing or N fury panel, he knew of no law pro- 7vdding against it. and that while he vvouId not comply with the request by Assuing the order he would not object 5Ro counsel being present. This d1s- Sbosed Of that point and the court then Ordered that panel of fifty jurors be &lrawn.s The case was set down Tor
 hearing at Ii o'clock next Tuesday
 forenoon. to which hour the special ses- .siem Of the criminal court adjourned. The civil side of the court was then sopened. Judge Burpee presented 'miotion for the appointment of com |na&tee to condemn and appraise cer- |talin land belonging to the Platt Bros A&l Co at P1atts Mills, which the city needs for the purpose of sewage dis |pbsal He informed the court that |Jhdge Stoddard of New Haven, coun- eJeI for the pIaintiff would or had filed 8 demurrer to the application. thus 1blacfng further obstruction in the way Of staying the injunction which re- Strains the city from discharging It's hewage into the Naugatuck river after |June 1.
 It seems that certain members Of The plaintiff company are determined to Ilarass the city all they can in this matter The Platt brothers them selves, it is said, are willing that fair damages be allowed for the land which the city needs belonging to them for the purposes named. If report is cor rect these certain members Cf the com panY will enter suit against the city after June 1, and have an attachment for very large amount levied upon the city and also upon the city officials. Judge Stoddard has intimated that he will enter proceedings for contempt against the mayor and the board of healfh for failing to comply with the order of injunction, but counsel for the City claims that in every step they have taken in that direction they have been opposed and obstructed by Judge Stoddard and certain members of the company involved. TsRe matter will come up at short calendar in New Haven, Friday. and arrangements be made to have 1t heard by one judge as soon as possible. At present one part of the case is in the local superior court and another part in the New Haven superior court.
 The case before Judge Wheeler to- day was the matter of Jennie o. Barnes of Watertown against the Consolid dated RaIlroad Go for $2,50o damages, for loss of a house and barn by a fire caused by sparks from an engine on the defendants tracks.