New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-05
WINS IN ARVERNE WAX.
Norton's Forces Ordered to LeGUe
the Disputed Property.

Fash interest Is infused in the legal struggle
being carried on at Arverne for a goodly portion
of Rockaway Beach. Titles to property value"
at more than 100000 will be affected by the
outcome Justice Garretson issued an order last
night enioining Franklin c. Norton and all con-
nected with him from entering the premises ol
Fred c. Allen and Remington Vernam
This Injunction was issued on a showing mace
by Ephraim A Karesen and Charles 3 Moves
ATTORNEYS for the plaintiffs. who submitted doc
unoentarv evidence dating back TO 1856 AT
the beginning of the records which the plaintifrs
produced in court is the deed Of sale from the
Indians 10 one John Palmer of tract OF land Oh
Rockaway Beach. The original patent is dated
November 3, 1856, and is given under the hand
and seal of Thomas Dongan, who then was
Tieu+enan+ Governor of New-York. Then comes
another deed almost equally ancient being
signed. sealed and delivered on "ye 20th daye of
August Ammo Douini 1881" whereby the land
was sold by the said John Palmer to Richard
Cornweu Cor CornelD. In 1909 the result of
a partition suit brought by the great-grand-
sons of the aforesaid Richard Cornwel the land
was divided And from the time Of this part-
ton suit an unbroken record is brought down
10 this day. From this partition suit date back
the titles to most Of the land in and about Far
Rockaway.
Now that the plaintiffs have injunction
favorable TO their projects, all the country round
is waiting to see what the defendant and his at
torneys will do next. For heretofore the attor-
neys and other auxiliar1es have not confined
their efforts TO oratory and tricks Of legal prac-
tice in the courtroom On more than one oc-
casion the contending attorneys have partici-
pated in attacks in which much physical force
YVES expended.
So far, first one side. then the other, seemed to
have the best of it Some two years ago Mr..
Norton put a strong wire fence around part Of
the land Then he erected nine cottages. This
spring Norton let it be known that he intended
10 set I'D a "city Of tents" for the accommoda-
ton of summer visitors. This announcement
aroused the active opposition Of the Allen-Ver-
nam forces and at o'clock on the morning of
April > Ephraim A. Karelsen, the legal adviser
of the plaintiffs with twenty-five italian Ia
borers. appeared on the disputed land and pro-
ceeded TO demolish not only Norton's fences
but his houses So soon as the work of de-
struction was partially completed. Karalsens
men began to put up portable houses and string
out 1000 feet of wire fence, Norton was quickly
made aware Of what was going on, and, in COM
pany with his lawyer, W. 5. Petit. he made
haste to appear on the scene
Then, for a while, there was a 1ull. But on
April &c Mr.. Norton seized opportunity to
make a sortie. With his trusty attorney thirty
carpenters, twenty laborerS, some teams and sew
eral trucks on which were loaded a twO-Story
house prepared so as to be put up in a hurry.
Norton made himself temporary master of the
situation This time it Mr.. Vernam who ap
Deared to protest The absence of a building
permit, which later procured by auto
mobile and telephone, gave Vernam a chance to
invoke the aid of the police, but when the build
ing permit was obtained, the house went up
with rush; and a parrson, well provided with
shotguns was placed in armed possession. Then
the plaintiffs got their injunction