New Britain herald., 1915-11-18
DEFENCE HEARD IN
 INJUNCTION SUIT
Witnesses Deny That Meehan's 
 Stone Yard Is Nuisance
Especial to the Herald )

Hartford, Nov. 18.-Testim by
 the defense in the Schmidt vs. Nee
 ban Injunction case being tried be-
 fore Judge Joseph P. Futile in the
 Superior Court here took up most
 of the day. Many witnesses includ-
 ing real estate men and stone con-
 tractors testified. The testimony
 went to show that the Meehan stone
 yard is not nuisance and that most
 of the smoke and odors complained
 of come from the works of Landers, Fyary & Clark. A few witnesses were to be heard when recess was taken for
 lunch at 1 o'clock. It was expected
 that the lawyers arguments would be completed before adjournment for the day.
 When court opened at 10 o'clock
 Oscar J.f Murray, the photographer took the witness stand and identified
 several large photographs of the
 stqneyard and the neighboring local ity. The photographs were then en-
 tered as exhibits. A large num-
 Der of photographs have been entered as exhibits by both sides.
 Ex-Public Works Commissioner John Kelly followed MT. Murray on the stand. MT. Kelly lives at 20 Union street. He had seen the Meehan stoneyard in operation but never noticed dust or odors from the place. Smoke from Landers was noticed in the neighborhood.
 Medical Examiner Harry A. Elcock testified to attending Mrs. Schmidt from 1906 to 1912. She suffered from asthma and bronchitis. She was never we'll and suffered from nervousness Under cross examination Dr. Elcock said a person in as poor condition as Mrs. Schmidt would be affected by stone dust and continuous noises. With a normal person it would be different and the effect would be nil. l q w. L. Hatch had examined the l Schmidt place with a view to discuss l ing whether the lawn or window ed ges showed signs of stone dust or chips. He made a second examina- .tion yesterday afternoon but found nothing. He found a fine lawn there, much better than average. He valu- ed the place from $4,s00 to $5,00O. Mr. Hatch visited the blacksmith shop and saw tools sharpened at the forge. No black smoke came from the chimney, but a light vapor not more noticeable than from the spout of a tea kettle. Smoke was coming from | lexamination MT. Hatch as a real es- |tate< expert said the value of the property might be affected slightly by the location of the property and the same was true of the rental val lue He compared the stoneyard to
 newly constructed trolley line. Some 6eople would object at first, but would Boon become used to the noise and Fail to notice it. Ernest E. Muecke, 1 owner of property on Winter and Summer streets testified he was not disturbed by the stoneyard either by noise or smell. His tenants had never complained of any trouble from &he yard.
 Landers brass foundry was an Annoyance. Hammers and rolling bar fels caused a disturbing noise and thick smoke found across Winter Street towards Clark and Union. Sim par testimony was given by John J. commercial traveller of SS Union street. Hr. Madigan was Familiar with the stoneyard and had Frequently visited it. He visited the l Schmidt property yesterday, but saw Do sign of dust or stone chips. \ Cumulative testimony tending to Ehow that the stoneyard is not ob- Eectionable was offered by other wit esSes, chiefly neighbors. William Ereen, foreman for MT. Meehan, told
 f the operation of the stone cutting
 ools and also the blacksmith shop. &reen and his wife live over the of-
 Ice of the company on Union street.
 Hrs. Green testified that the opera Ion of the yard caused her no dis Comfort nor did it soil clothes on he line. She testified smoke from he Foundry on Winter street fre-
 uently hid her view of Main street