Waterbury evening Democrat., 1905-10-30
IN THE POLICE COURT
||ned slOo and Costs for naimiDg Trees on Cooke Street.

In the city court to-day Judge Bur le fined James Malone $lOO and costs
 four counts for maiming trees op- Isite the residences of Warren l.. hll and R. Hawkins on Hawkins feet, Joseph Evans, Pearl street. and h Misses Ellen and Emma Townsend
 59 Cooke street. On each count Le hs fined S25 and costs. There were Een counts in all against Malone. ho is foreman for Matt Brazel of hrtford, a building mover. The oth-
 three were for injuring trees op- ,site the residence of E. l.. Frisbie, { w. k. Steele and Mrs Ellis Phelan. koke street. Attorney John ONeill psecuted and Attorney Guilfolle de hded. Mrs Steele gave permis- bn to have the trees near his place 1t or removed if necessary. and the her witnesses did not notice any
 mage to the trees until it was ought to their notice. The witnesses + the prosecution were Warren l.; hll and Mrs Hall; Mrs Harriet Reil- \ Hawkins street; James Nicholson. poke street; William R. Steele. Cooke rect; Henry w. Atwood, superlnten- Int of the poor; Mrs A. G. Chatfield, bwkins street; Peter E. Reeves. hwkins street: City Clerk Nettleton Id Joseph Evans.
 EIt was shown that during the pro less of two sections of a house which e defendant moved through Cooke Id Hawkins streets. he cut limbs off kes that obstructed his operations lthout asking permission of the OWL E. They were all shade trees. The kfense was that the cutting of the ees was necessary and that mas kuch as the city was given bond E its protection in case of suit for Images. the defendant had the pro ktion of the city in doing what ne h and therefore it was the city that hs responsible. It, was shown that kiyate corporations, such as the tele- hone and telegraph companies. cut Iwn trees and nothing is ever done kout 1t Braxel said he has been in ke business of moving buildings all k life and this was the first occasion hk had any trouble about looping off Nhbs of trees. He has worked in { {brtford, New Haven and other places this state without ever running foul T the authorities. If telephone and kegraph authorities have the right to b off or cut down trees surely the , Ky has that right also, it was claim- kBut Judge Burpee did not think so. Re city cannot remove a tree or even hm 1t without the consent Of the own
 and If the board of works gave the kfendant permission to lop off trees ! damage them, it had no right to do ,. An appeal was taken to the dis hct court. kNIichael Cassidy was fined SlO ana ksts for intoxication yesterday. An Few Bailey was fined $J and costs nd Frank Walsh for theft of two hiskey barrels was fined the same hount. Nestor Derry was charged Iith running over child of Francis koran. 167 Charles street, last Thurs ky Several women testified that ley told Derry to stop after he mad bn down the child. which Is about one Ear old, and he did not pay any at' antion to them. Three stitches were flt in the child's head in consequence
 being thrown down by Derry hhlcle Ii was shown that the child kepped off the sidewalk to cross tc ke other side of the street. exactly ns Eerrv's horse was turning around kerrv said he did not hear anyone cal bon him to stop. He was let eo'