The morning journal-courier., 1908-11-13
subpoenaed by Henry Fresenius to Give Testimony in Smoke Suit Against Railroad in
 Superior Court.
ADMITS THE COMPLAINTS
Suit Is Liable to Be Followed by Many Others. Some of Which Have Been Bcgun--Many
 Witnesses.

In the suit of Henry Frcsenus against the New York, New Haven and Hartford Railroad Co.,, President Charles $. Mellen of the New York, New Haven and Hartford Railroad, was put on the stand yesterday morn ing as one of the plaintiffs witnesses. He did not appear of his own yolition or willingly having been subpoenaed and brought to court to answer sever al questions that the plaintiffs coun- sel wished to ask him relating to the round house of the railroad company. It was over this round house in the railroad cut near the Fresenus house on Howard avenue that the suit arose for $15,00O damages done by smoke and soot
 The case has been on in the civil side of superior court for several days the plaintiffs side being finished lato yesterday afternoon and the defense begun, The witnesses have been friends and callers at the Fresenius house, neighhors and real estate deal ers.
 MT Mellon, on the stand, admitted that he had frequently heard that the smoke from tho round house was q nuisance and had done damage in the nearby houses. He acknowledged also that the railroad had frequently heard complaints on this subject He said that he could not remember the 4 ,t.s nm urbf.h t1ag, s,,,,,,ta i,,tty. ,,ys ,,, made, but testified that he had been notified. His testimony was mainly glren to these matters with incidental details
 There are a large number of other su,,s pending because of the alleged smoke nuisance and It's consequent damages to houses in thai neighbor- hood. Many have already been be- gun and others will await the out come of the Froscuius suit, Two of the witnesses yesterday for the plain- tiff have suits on tn. same subject They are Harry II, Baldwin and Wal lace r. Clark.
 Attorneys Arvlne and Hamilton were at the Frosouius trial taking copious notes on tha case which will be valuable when their respective clients come to court with their suits
 The witnesses who had been visitors at the Fresenius home testified that the smoke from the round house noated in and soilcd and ruined their clothes carpets upholstery, curtains, linen, etc l others, neighbors, established the l widespread effects of the smoke. Req estate dealers testified that the smoke i decreased values and rents at somt l places as much as 10 per cent
 The witnesses for the plaintiff were l Charles $. Mellen, Frank $. Baldwin Emma Bulllver, Harry II Baldwin i George Fletcher John Flanagan. Fred erick M. Ward, Lemuol Hoadloy Jame, l Davln, Wallace r, Clark, Mary X l Woomer Lottio Moody, sophia Brls i tol, Elizabeth Trotkin Ida P Reichart Emma speiss Rosa Aal, Frank W
 Wright, Joseph II smith, Edward A Smith, Clinton r Coc, James Clark Nbortna Iiebor Mary Young, Grac' ! White Robert F KnnneElesscr Edwarr i B. Fresonius, Henry Fresenius, Charl~
 H. NIchlas and Sllas Mct2ger
 The defense has also q large number
 of witnesses and the case will contlnu,
 well through next week The first wit
 ness for the defense was James Hook ing. for nine years master mechanic O
 the round house, and he testified ii l contradiction of several statcmcnt
 that were made regarding the lssuanc, of smoke from the building