Waterbury evening Democrat., 1904-05-09
WILL MAKE A TEST.
Charles Stage Repaired His House
 Contrary to Inspectors Orders.


 A matter of some importance to all property holders was decided by Judge Burpee in the city court to-day. The matter will undoubtedly reach either tue board of safety or the board of aldermen, or perhaps both.
 Charles Stage, a carpenter, was charged with violating the city ordin- ance which forbids the repairing of or building frame houses within ten feet Nof each other with combustible mater ial. MT Stage owns q house on West Porter street and three weks ago Building Inspector Chatfeld forbade him to repair the roof with shingles as it was within ten feet of the neigh boring house. Nevertheless, last Sat- urday MT Stage went ahead with his repairing and in consequence he was in court this morning. He was de fended by Attorney Seery and the de fense was that the ordinance did not apply to the case as the houses were erected prior to it's enactment. MT Seery held that as the house which was in course of repair was at one point five feet from the division line and over five feet at another point the ordinance was not violated, and that the limit of five feet from the division line for building operations was in tended to make things even with the property holders so that one could not build nearer to it than the other.
 The court did not take that view of the situation He would not attempt to reconcile the various features of the volumninous ordinance; that was not in his power, but he considered the case ill question violation of the ordinance and accordingly imposed a fine of $5 and costs. MT Stage inti- mated that he will take the matter be- fore the board Of safety or the board of aldermen in the form of an appeal from Building Inspector Chattield's or der.
 Eugene McEvoy was charged with having been intoxicated yesterday. He was fined $5. McEVOy came from Thomaston yesterday morning. His home is in Waterbury. 1t was his first appearance in court
 A young fellow named John Hig- ginston was charged with theft of a quart bottle of milk valued at five cents. He was arrested by Officer Brickel, who saw him take the milk from the rear door of a house in Mar tins building on Union street
 Higginston said he helps milk ped dlers mornings and that until last Sep tember his occupation was following the sea. He told the officer he took the milk for someone else, but on the stand he said he took 1t for himself because he was hungry. He was fined $1 and costs and put on proba- tion tor thirty days.
 James Carney was charged with theft of a hen of the value of $1. Fri day night last Carney was arrested by Special Officer Colesanto in sa- loon in Wards flats while he was try ing to dispose of the fowl for fifty cents. Carney's defense was that he was given 1t by stranger. He tried to bribe the officer to let him go by offering him the fowl. He was fined $5 and costs.
 Pasquale Testa got drunk yesterday and last evening he proceeded to no- tify the public of that fact by firing off his 32-caliber revolver. He settled for $10
 Simon Kemmy, who keeps a saloon at 147 Baldwin street, was charged with violating the screen law on Sum- day, May 1. Sergeant Blakely testi- fled that in the back part of the saloon is a room which was closed on the day in question. This room it seemed he had been observing for some time and he noticed that during the day time 1t was invariably open and in the night time and Sundays it was closed. Prosecuting Agent Pierce said the room had a history which he tried to get in as evidence but was ruled out.
 The testimony of Officers Healey and O'Hearn who were called for the defense, was that the room in their opinion was used for storage pur- poses. The windows were broken and there were neither chairs nor ta- bles nor anything to indicate it was 8 part of the saloon. Kenny was dis