Norwich bulletin., 1909-10-23
SUPERIOR COURT.
Short Calendar Session on Friday Slow Progress in Trial of Brook lyn Suit-One Divorce Granted.

| Superior court opened Friday morn- | ing with a short calendar session and | assignment of cases. As soon as the | assignments were taken up the att | torneys from Putnam and Danielson
 made the usual plea to have the cases | tried in Putnam. Attorney Samuel 1 B. Harvey, who is the attorney for Dwight W. Thrall in the case of Cal win Wilcox vs. Thrall, objected to | going to Putnam with his case and it was assigned for Wednesday of next week in this city. There were no ! other cases assigned for next week, as | it is apparent that the case com | menced Friday and that assigned for | next Wednesday will consume all of
 next weeks session of court. No ar guments were presented on any of the
 matters on the short calendar list.
 Brooklyn Case on Trial.
 The civil suit of Clark G. Lawton | of Brooklyn vs. Frank A. Herrick of the same town was taken up. It is a jury case and there were but thirteen l jurors present. Each side challenged two of this number, leaving but nine. Three more jurors were summonsed. Following no little delay. this jury was impanelled: E. G. Billings, w. ders, w. H. Pray, c. E.. Simpson, c. M. Munyan. C.A J. Arnold, Her
 man Allen, Samuel Chesbro and H. T. Clark, the last two brought in as tales
 men.
 Attorneys Harry E. Back and c. E.
 Searls appeared for the plaintiff and
 Brown & Perkins. for the defendant. The complaint alleges that the de-
 fendant owns a saw and cider mill on
 a stream some distance above a mill
 owned by the plaintiff and that by
 allowing shavings, bits of wood, saw dust and apple pomace to empty into the stream, pollutes it, and that the
 refuse thus dumped into the stream flows into the plaintiffs mill pond and so clogs the racks in his mill so that the water cannot run through to his wheels, and also the plaintiff is in the
 ice business and the matter has dam | aged same by spelling his ice. Plain tiff claims $200 damages and an in- l junction against further pollution of the stream, a temporary one already l existing
 All of the allegations are practically denied by the defendant, although he | did admit to putting some sawdust end apple pomace into the stream as he
 had a right to by prescription, but
 not in sufficient quantities to damage | the stream.
 | Attorney Searls asked that the court | and jury go to Brooklyn and look at
 the stream and property. Attorney Perkins objected and court stated that l if there was objection he would not | take the jury to see the property. At this point H. T. Clark, who had been brought in as a talesman. re- quested to be excused, as he had made arrangements to go to a hospital for an operation on his ears, as his hear ing was affected. MT. Clark was ex- cused and w. c. Lyman of this city
 was brought in and the complaint and answer had to be re-read and it was after 11.3O o'clock when the first wit
 ness was called to the stand. It is
 believed that the case will consume
 the time of the court for two days l at least, as there are an unusually large number of witnesses to be heard.
 Plaintiff Testifies.
 A number of papers were read and i offered in evidence before any witness was called. Clark G. Lawton, the plain tiff, was the first witness. His testi-
 mony was to the effect that defendant i had placed various kinds of refuse in the stream and had damaged his bus
 mess considerably since 1907 Other | witnesses corroborated his testimony. Divorce for Eastford Wife. At 130 o'clock in the afternoon. Judge Robinson heard the uncontested divorce case of Maude T. Fish of East ford vs. B. s. Fish of Pomfret charg- ing the latter with habitual intemper- ance The petitioner sought the priv ilege of changing her name to Maude
 I. Miller. Attorney W. A. King of this city appeared for the petitioner. Petitioner testified that she had lived in this commonwealth all her I life and was married September IA,
 1901, to Gertrude s. Fish. now of Pomfret She had no children and did not claim that he had any property.
 Said that she had lived with him two