The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-01-24

Harvey w. Harmers lace Is al oaV'
tered up. His right eye especially u
badly bruised as well as tae cneek and
tiiat side OF mis- nose. His injuries re-
suited from controversy over an old
sycamore tree that stood in front of MS
lot on Monticello avenue, but which now
lies low and across the street. but under
the high order OF the court in the ma
ture of an injunction,
The street ear company is building
line on the avenue and The tree inter
fered with the passing Of wagons, as 1t
stood out well from THE curb line and
its branches hung low Tnc city de
cided that the tree must come up and
Monday men were set to work by Con
tractor w b. Virgie, at the instance OF
tine city, TO remove the tree from the
spot it sprang up and grow into full
maturity.
III was not long until Mr.. Harmar be-
came aware of what was being done and
he had warrants issued. under wricn
three foreigner laborers were taken late
in the afternoon before Squire VI. S.
Riley but Harmer did not then appear
in person 10 prosecute them as he was
occupied with looking after the tree.
During the eveninssslr. Harmsr con.
cluded that nc would invoke the aid Of
the Law AMI through his attorney. NJ.
+. snider, applied to Judge Lyncn for
temporary Injunction. This was is.
sued at hate nour but there was no
service on it except by Andrew Lyon,
who went to the scene saortly after
tae tree had falltn and notified them
that an injunction was in existence.
Tuesday morning virgie and others were
also notified.
While the tree was being cut down
Harmer and Others mixed up in the af-
fair. William Spencer says Harmer
tried 10 borrow revolver from MIN but
that he declined to lei him have it.
Others state that Harmer threatened
T. snoot the first man that laid hold On
The tree and that ne placed his hands
on his hip pockets, conveying tae IDEA
that ne was about to pull gun or %.
About tnat time he was struck and fell
over into the hole around the trunk OF
the tree. Ha made no resistance and
begged 10 be let alone. Tnen ne came
up STREET Immediately. making no fur.
ther physical effort To protect the tree.
Those who were cutting down the tree
continued with axes and crosscut saw
and in few minutes the tree was down.
Saortly after it fsll Andrew Lyon mott.
fed those who had not left that legal
proceedings mad been instituted
Shortly before Harmer got aurr. his
attorney, NJ F. Snidsr. went to the
scene and pulled out a paper, whica
Harmer read and signed. Tais was
doubtless the bill Of injunction and peti,
ton TO be presented to Judge Lynch.
But Mr.. Snider had gone before the fignt
occurred
i'hA work was being done al tng in.
stance Of the city and under The lircc
fion of the city engineer with tde con
tractor for The street car line and tn.
paving in charge Of tne men, who war,
cutting tae tree.
Mr.. Harmer in his Office Tussda,
morning stat d to Telegram edito
MS side Of the case.
Mr.. Harmer said: Il was getting ou
AN Injunction to restrain them fror
yoving my tree ami property. The
hd men there grubbing out the ire
and ] was faere waiting for The injunc
ton to be issued The men all left br
1 lookel for them back a. soon as
left. n a little while started to com
up t&5l to sign tae injunction bill. b.
saw VIrgis. Britt. Butcher. Frank an
Robert shuttleworth starting up tni
way and went hack, but before don
- went 10 tine Southern Pine Office AZ
telsphoncd suidsr tnat | could not con
and for him 70 bring the bin down.
uey aad Ding a hole two feet and
anx around the tree. / stood again
tie tree. while Frank and Robert Sau
tleworta and some others stood on I
r.x xne. After suidsr came ! sign
- iujuuetion and he leftl Before