Norwich bulletin., 1915-11-27
eaookLyN vs. TOWN TREAsuREF
Judge Gardiner Greene Hsars Testf- nony in Case of seIeetmen Vs George w. Eastmsnt.

There was a session of the superior court here Friday morning. Judge Gar diner Greene presiding. % take up the mandamus proceedings brought about by the selectmen of thee town of Brooklyn to see if the treasurer of that town, George ". EastpeAf, can be obliged to deposit funds of the town in accordance with the wishes of at least a majority of the board of l selectmen and. as these seiectmen claim, in accordance with votes of the town Treasurer Eastment was sum- moned into court on a writ of man damus issued on Friday of last week. Judge A. G. Bill of Danielson is coun- | sel for MT. Eastment.
 The selectmen claimed that, in &C., cordance with votes of the town in regular and special town meeting and I the authority vested in them as select men, they have a right to direct where the town funds shall be deposited but | this is contested by MT. Eastment. At the opening of court Judge Bill entered a motion to Quash the entire proceedings He said that he was in agreement with the attorneys. for the selectmen, Judge Harry E. Back of Danielson and Attorney Charles E. | Searls of Putnam, that as only points | of law were involved outside of differ | ences of opinion on certain minor con- alterations that the court take the pa- pers in the case and allow counsel to | file briefs.
 This was what was finally done, the | briefs to be in before December s, but | in the meantime it was found neces- sary to take some evidence from Se- | lectmen Oliver A. Downs and Fred A. | Card and from Treasurer Eastment | relative to conversations they had | about renewing note of the town for | s10 900 that came due at the windham County National bank in Danielson on l Monday of last week. -.-
 Judge Bill in the preliminary con- l sideration of the case made the point | that the surety company, which is on
 MT. Eastment's bond as treasurer of the town prefers that deposits of the town of Brooklyn be kept in the Wind ham County National bank. Judge
 Bill also stated to the court that a note was made at the Windham Coun- ty National bank for a renewal of the loan of S10,000 to the town of Brook lyn at the rate of four per cent, in-
 stead of five per cent, as was carried
 by the note that came due on Nor day,
 Nov. 15, and which is still overdue and
 unpaid on account of the differences l between the officials of the town, the
 made from the Danielson Trust com
 pany. which also agreed tn offer 1t at
 four per cent, but that First Select
 man Oliver F. Downs had refused to
 sign, as requested by Treasurer East-
 ment-
 Called to the witness stand MT.
 Downs said that a note of $Io,o0o of
 the town of Brooklyn came due at the
 Windham County National bank on Monday, Nov. Is. On Sunday evening.
 Nov. 14, he testified, Treasurer East
 ment called him on the telephone and
 told him the note was coming due
 Monday. Downs testified that. he said
 at the time that he supposed it was
 up to the selectmen to see about tho
 matter, but Eastment claimed that the matter was within the Jurisdiction of
 the treasurer. Upon cross examfra-
 tion by Judge Bill MT. Downs said he
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