The Newtown bee. (Newtown, Conn.) 1877-current, 1903-12-25

The Heating Carey case was re-
sumed, Monday, in the Court of Com
mon Pleas at Danbury, before Judge
Downs
William Farrell lives in Newtown
and worked on the job when the
Sluice was dug. James Farrell, Bird
sey D. Beardsley, Edward Mcclure,
Michael Quealy and J. Evarts worked
on the job, and Mr. Carey was there.
The work was done on May 81 and
June 2, 1902. l drove team to do the
filling in, and we plowed two burrows
in Mr. Carey's lot about IS feet long,
beginning about IS feet east from
mouth of sluiceway and plowed along
by the side Of Keating's fence dis
lance Of 80 feet west from the pig
pen. l drove team in field at Mr.
Carey's request, and Mr. Carey held
pillow. got my pay from my brother.
What ever l did there in the ii Id l
did at the request of Mr. Carey.
On cross examination he further
testified: The sluiceway was enlarged
that day.
James j. Farrell worked on the road
in question about TWO hours May 81.
The sluiceway was raised one foot, and
| the road was done under contract for
three years. l dug that sluice way in
| 1898, about 80 feet south of the old
sluice. 1 had nothing to do with
blowing inside Of the fence. I received
nothing from Mr. Carey or from select
men for work done inside fence. The
Selectmen were there in the morning
and told me to turn the water inside
the fence, where water after filling
ditch would have had to take care of
itself. 1t would have run down on
the east side of highway towards
Keating's land. Mrs Carey was not
on road at all. Carey and 1 went up
to see Mr. Morris and he came down
with Mr. Blackman, and Mrs Carey
then said, 81 hope you've settled it
now. The water ran there when my
father was alive"
On cross examination J. J. Farrell
testified: If the new opening in the
wall had not been made the water
would have followed east side of road
to near the corner of Heating property
In 1898 l opened hole through wall on
orders from Mr. Glover, and part of the
water would run through into Carey's
land after ditch was filled up. This
sluiceway carried off all water gather
ing on highway from near Mr. Sher-
mans place and from Mr. Peck's place
until two years ago when new run was
provided for water between Lowell and
Peck on top of the hill. There was
outlet for surface water except in
ditch on east side of road before this
opening was made. In 1902 we
opened the wall on the orders of Sc
lectmen to turn the water inside.
John e. Hoyt thought the natural
outlet of surface water on Queen
street road was on east side of high
way over the Carey land adjoining and
perhaps 100 feet south of Carey home.
The overflow did not cut a channel on
Carey lot. He did not think the wa
ter ran in its present course.
On cross examina ton Mr. Hoyt fur
Their testified:
The water would run from highway
on to Carey property unless it was
banked up SO that it could not get
away. A ditch has recently been cut
from highway east between Lovell's
M
because the water used to flood and
wash the road at the top of Queen
street hill north of Carey's. l have
never seen water run over the highway
just north of the Heating Carey divi-
sion corner. Never noticed a ditch
just inside Of division fence between
Heating and Carey property.
| John J. Heating was recalled and
said: Mr. Morris, after the bank wall
was built, told me he would take the
bank wall down and let the water run
through the lot where it used to. He
did not take it down and said the
Careys did not want him to take it
down for day or two. l asked him
why, and he said he had been notified
by Mr. Murphy, Carey's attorney, not
to set foot on premises again. He told
} me a few days later that if we let it
stand until spring, he would take it
down. Said Carey promised to take it
down in the spring and let water &C
: through middle of lot. Sluiceways
north of Carey's house are now some
what clogged and consequently more
water runs through sluice in question
than before, when other sluces were
in good condition. Carey'S wall neXt
highway was re-laid about 10 year.
ago by Martin Hourigan and Patricl
Bradley. The last sluice was built be
cause other Sluices had become fille(
up. Never saw road filled with bruSl
' to fill gulley washed across road.
4 Michael J. Heating has driven owe
u the road in question every day for sew
eral years to go to creamery. Surfac
water used to run through ditch cas-
Of highway and through hole in wall
a rod north of keating's corner fence
Never ran anywhere else. The oil
Il sluice is there but most Of the waite
| . i