Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1909-03-02

The Westerly town council met on
Monday morning as court OF pro-
bate. Cor the consideration OF probat-
ing the will of Miss Ellen Burke, who
died January 8, 1909, the matter being
referred to the council as the judge
OF probate "a a nephew Of the testatrix.
The will showed that the estate will
not exceed a valution Of $1,000, and
was presented by the executors, James
N. Burke and Charles J. Butler.
There were fifteen witnesses present,
and Judge Nathan B. Lewis appeared
IN opposition to probating the will He
suggested that all witnesses except the
one giving testimony be excluded from
the room.
James w. Burke. one OF the execu-
tors, said that inaSmuch as the Will
was to be contested, ne asked for
continuance on the ground that the ex-
ecutors had no legal counsel and he
felt 1t was a duty to have the will le-
gally probated. Poetponement was nee
essary in order to secure counsel and
have the case properly represented.
Judge Lewis objected to a continu-
ance- claiming that the executors
should have known there was to be
contest and be prepared to prove the
viii.
Patrick Burke. brother Of the testa-
trdx. also objected to a continuance
and favored immediate action, assert
ing that the delay was merely game
of bluff.
The council decided to continue the
case to wednesday, March 10, at 10
o'clock g. m.
Then followed the regular monthly
meeting of the Westerly town council,
with President Clarke presiding and
these counc1lmen present: Scanlon,
IangWorthy, BuTdici1, Maxson, Culley
and Saunders.
Attorney Ledwidge, counsel for An
gelo Di Mario, whose left eye was in
cured while at work on the stone
crusher, that resulted in the loss of the
eye, made a statement that a member
of the council and the town solicitor
had approached his client and offered
him $500 to leave town. Mr.. Ledwidge
Informed the council that he repre-
sented Di Mario, and that any settle
ment effected should and must be made
through him as attorney. He asked that
The council inform him II a settlement
was contemplated; If this was not
done ne would institute a lawsuit.
Councilman Langworthy said he did
not believe the injured man had been
offered any settlement, and that the at
tornsy should not believe all he heard.
After Mr.. Ledwidee retired, Joseph
S. GriIis, representing ri Mario, stated
that the injured man was anxious to
settle the case, and that he did not
want TO engage In any lawsuit. He had
been elected from mis- tenement and
needed assistance and was anxious to
settle with the council. and il he must
pay a lawyer that would be a personal
matter He said Di Mario never said
that the town solicitor or Councilman
Iangw orthy made him an offer OF set
Element, but that he went to the two
officials named and asked that they
settle the matter with him. According
to Mr.. Grills, Di Mario was advised to
consult with Lawyer Ledwidge, and he
did so through Joseph Ouray, as inter
prefer, but did not intend that suit
should be brought against the town.
Town Solicitor Kingsley said he had
something to say on this subject. and
suggested a private session for that
purpose.
Judge John w. Sweeney, counsel for
Frank n. Gardner, asked that action
be taken for the relief Of his client, up
on matter which had been before the
council for several months. BY the
removal Of a bridge at Mantle the
New York, New Haven and Hartford
Railroad company had obstructed
highway that was laid out in 1856, and
in consequence the public was using a
portion Of Mr.. Cordner's land He
wanted to know if the old road was to
be abandoned or the public highway
retained. This whole matter has pre-
viously been referred TO q committee.
and q vote was passed requesting the
railroad company, whose representa-
tive has been examining titles to make
report to the next monthly meeting of
the council.
Judge Sweeney. counsel for Pasuuale