The Bridgeport evening farmer., 1914-07-22
BEDDING TRESPASS
 CASE COLLAPSES
Defense Offered For Accused Practically Reverses First
 Situation.
[ The Conversion of a Former Turnpike Into New Public Road Raises Interesting Is sues-Justice Gilbert to the Rescue.
rgDecia1 to the Far1nef.)


 Rsddlrag, July 21-Contrary to expec- tatfons the defence in the case of Pe- ter Krol1e, charged with trespass against Frank R- Chambers by fishing in Putnam Park pond, was not the claim that because he, did the fishing while on the highway he committed no violation $of the law. Had eSuch been his Attempted Justification ii would have avaiIed nothing as s. C. Shaw, the prosecuting attorney. cited authorities showing that for all pur- poses except travel and the usc of its materials for repairs the highways be- 1onn to the adjacent property owners. AS a matter of fact Krohe was not on the highway when he did the alleged trespassing but upon a. rock Jutting into the pond from the roadside. The actual defense 1nterposed came as an utter surprise to nearly everybody in- terssted In the case including the pros scuting authorities and Duncan Gay, the local representative of MT. Cham bsrs, owner of the eighty acre tract adjoining Putnam Park which. since 1e07, has been used as summer camp ground for the employees of Rogers. Feet & Co. F'urthermore the defense furnished an instance of a neat turning of the tables because 1t practically reversed the original relation of com pIa5nant and defendant by placing MT. ! Chambers in the light of a trespasser lin consequence of his occupancy o1 property to which his title wan made to appear doubtful. At any rate the degree of doubt raised sufnced to bring Krohe a decision of aequittaI
 The adjourned hearing was held last Baturday at the town house. It oc- I cupfed about four hours and had few dull moments Attorney w. H. Cable or Danbury defended with belligerancy and fartness of utterance. MT. Shaw also contended earnestly and resource fully. but his curves were more ches- Town Clerk Sanford was kept busy trotttng to his office for volumes of 1.-the land records bearing on the oues- tions Of titles and boundaries raised lin the case.
 There were also placed in evidence some half dozen maps of the Chambers and Park properties Motions and ob- l5ectfons calling for rulings fairly rain4 cd upon the trial justice. Seated among the spectators until called as a witness was Henry A. Gilbert of Bethel. form ter ui11t1a captain, long an acting jus- ttice of the peace and also long a mem Der of the Putnam Park commission. Judge Gilbert presented a dfgniiied, impressive figure and the prosecuting g aide with apprehensive expectancy wondering what he had up his sleeve tfo their disadvantage. Rumor said tthAf Judge Gilbert had assured Krohe land 0thers who de1ant1y and persis- Ffentfy Ashed in Putnam Park pond mat EnGY ne9CnE Tear prosecution as they were legally immune Subse- quenf events justified this conhd ence on the part of the Bethel sages, but tfhe verifying disclosures did not trans- tpire until the hearing had advanced .a1onr for quite a spell
 ou1te early in the proceedings. how ever, 1Er. Cable had projected on the lcanvas an outline of what was to serve isss the foundation for the defense. This twas the old sherman turnpike the hor1gfna1 highway through the valley Bn which Putnam Park and tue big lslofhfng hrnn's recreation ranch are To- lczted The successor of this highway i1s now known as the Park road. With .the laying out of the park some 26 years ago the ancient roadway was rscoustructed along lines that only par l<iaI1E conformed to its predecessors Boundaries The new road was in IEenera1 shifted to the west for varying distances at different points, it's new eaaterly line being in places fl on 30 to 40 feet to the westward of the old line. The exact degree of this variat ton it would at this late day probably be hard to determine It was not so de- hermined at the KroEe hearing, the witnesses placing, from eye estimates And recollection at from 15 to 40 feet.
 Tn the deed by which the Old Put club conveyed their property to Mr. schamberss the western boundary of <he tract 1g described as ''the highway,