New Britain herald., 1915-11-18

| Ernest Walker of Hartford, a cut store contractor told of the operation or automatic cutters. The chips from l the big machines might fly from five to ten feet. Smaller tools create dust
 which lifts the height of a mans 1 head and blows away with the wind l or If there is no wind drops to the ground.
 l. Pool to Prosecute Case. The plaintiffs side of the case was 1 finished late yesterday afternoon and l after a short recess the defense began presenting evidence. Both sides used l many witnesses and prominent resi- 1 dents of the sixth ward were tnickly 1 assembled It was brought out by the 1 defense on cross examination that while Schmidt is bringing the action, a pool was apparently formed by resi- dents in the neighborhood of the stoneyard with the object of financing the fight for the injunctio. As told
 in yesterdays Herald, witnesses for the plaintiff gave testimony to prove that the stoneyard is nuisance and
 menace to health. Other witnesses
 who testified for Schmidt yesterday af-
 ternoon were Rev. E. Weschessen
 pastor of the Ruthenian Catholic
 church on Winter street; Mrs. George
 Yetta of Fl Seymour street and Mrs.
 Schmidt, wife of the plaintiff. Father
 Weschessen testified that his church
 adjourns the stoneyard on the south.
 He could not testify as to noise or
 smoke. Mrs. Yetta is a friend of MT.
 Schmidt. She visited the Union street
 house The noise there made her ner- I of cif fh0V anda Mrs. Schmidt testified that the noise made her very nervous. She has suffered from hay fever for twenty-six l
 years. For number of years she al- so suffered from asthma The dust from the stoneyard aggravated ner trouble. The blacksmith shop solleo her clothes on the line. When the shop was closed there was no trouble. Chlps fly onto both front and rear verandas' One nearly hit her in the face. :,
 Injunction Chief Aim. |
 Little testimony was offered to show actual damage to the property. Judge Futile commented on this and Attor- ney Hungerford said the injunction is the chief thing sought. Noble Shin- ilolski of Clark street, who owns a six tenement block, testified that the n noise fIom the yard bothered him and also his family and tenants. Judge Klett brought out in cross examination hat the witness and others had igned a paper agreeing to contribute money towards the expenses of the ase. Another property owner said he educted fifty cents a month from the l ents of his tenants on account of the l oise.
 Defense Opens.
 James Mannery, neighbor of chmidt, was the first witness for the efense. He testified that he was we'll cquainted with the premises. He had oticed particularly as he knew the ase was coming up, and saw no evil ence of dust on the lawn, fence or louse. Gases and odors from Lan- ers foundry, the witness testified, are uite noticeable. He had known the l 'chmidts a number of years. Mrs. Schmidt was very sick three to four nonths in the year. due to hay fever nd asthma
 Testifying to the stone cutting he aid some months especially before Decoration day the yard was busy But in cold weather the work was all inside. He was never bothered by the loise and in fact, didn't hear it.
 Benjamin Solomon real estate deal r, testified that Schmidt asked $6,000 or his property last year. Again this ummer he inquired and Schmidt said t was worth $500. Alexander Bentz if 30 Clark street testified to owning in the neighborhood and pending much of the time for the past even years working about his prop rty. Gases and smoke from Lander's oundry were noticeable, but he had 70 complaint to make concerning the toneyard. His tenants did not com- Jain. He reduced rents on account of lard times.
 P. H. Corbett testified that he lived n Schrnidts house eight years ago.. frs. Schmidt was then troubled with .stIlma and had nervous trouble. That l vas before the stoneyard was located learby. Thomas Boyle lived opposite he stoneyard, but was never troubled l ,y the noises or odors. William B. ,ouney of 76 Clark street installed heating apparatus in Schmidt's house. Schmidt told him Meehan was one of he finest men in New Britain and vas pleased to have him near. 4
 Alderman M. T. Kerwin lived four md one-half years, on Union street and testified he is familiar with the