Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1909-06-05

them unprepared to try the case He
also stated that the identical motion
to dissolve had been denied by Judge
Shumway last June. He desired to
have entire matter 60 over until Sep
TENDER. Attorney Melony said that
ton, but said he would not inter-
fere at that time. Mr.. Melony stated
that the water was flowing over and
destroying fences and bounds; the sole
object of Injunction was to preserve
the property in its actual state. and
not to change it in anyway. In this
case they have violated every rule of
an injunction and he referred to the
company's seeking the right of emil
-nent domain from the legislature. II
they own the land as claimed by them.
there is no necessity in such a right.
Mr.. Comstock had stated to the legis-
iative committee that it was sup
posed that they owned the land, but
that il was since found that they did
not. IF the court refuses to give my
client relief at this time II means the
company can keep him from his rights
for another year"
Mr. Hall replied that the company
did suppose they owned the land, but
that injunction had nothing whatever
to do with this land. but was. to re-
strain Cuddy from interfering with the
flow of the river on small strip of
land, whose ownership Is questioned.
He stated that Mr.. Cuddy was en-
ployed by the contractor who had a
falling out with the company and then
they secured a deed of the land for
$50, and turned it over to Cuddy, who
was a clerk for the contractors. The
land was bought from the railroad. but
Cuddy lays claim to it, He furuther
stated that if all the facts were
n1H
up scheme pure and simple.
I'VE believe that we can prove our
ownership Of the land in question"
Postponement Denied.
Judge Reed decided that he could
not grant postponement. Mr.. yCuddy
was put upon the stand to testify, and
was examined and cross examined at
considerable length, stating where
disputed land was located, from whom
1t was purchased by him and that the
company had excavated upon his land
and were using same as part Of its
tail race He told of constructing a
wing feeder, filled with stone and sink
ing same three days before. the in
junction was served upon him. Said at
present he was engaged in manufac-
turing there, operating a handle fac
tory, and using a gasoline engine for
power.
Claimed Objectionable Waste Material
On cross examination by Attorney
Hall Cuddy stated that before the
Uncas Power company commenced to
blast last August and September his
land extended SIS feet further out into
the river than at present, and he put
up fence to mark his boundary, and
same has been obliterated. Stated that
he thought there was at least a three
foot fall in the river at his property.
He intended to carry his crib into the
river as far as possible and still keep
within his property limits and still
insists that he proposes to develop the
power by diverting the water by a
wing feeder diagonally. Said that he
owned 1900 feet OF water front Has
water wheel on the ground and ex-
poets to turn out handles but when he
purchased the property had no idea Of
manufacturing anything. having a
mere desire to acquire the property.
Company had piled waste material on
his land to a depth of rs or 30 feet.
He stated that he thought he could
get a power Of q horsepower as En-
gineer Sheldon of Providence had said
he could get it. The company had de-
stroyed his power completely.
Injunction Served First.
II was brought out by Attorney Hall
that the construction of the building
to house the gasoline engine temporar-
fly was not commenced until after
injunction was served.
Treasurer Robbins Testifies.
Testimony was also given by Treas
urer Robbins of the company to the
effect that the company owned the
land where the tail race was con-
structed. He said he had seen the
fence which Cuddy had built.
Motion Denied.
When the argument was made Judge
Reed denied the motion that was to
the effect that the injunction be dis
solved or modified.
Personals.