Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1916-03-17

The superior court for Washington
county, Judge Chester W. Barrows, did
not come in at Westerly until 1.3O
Thursday afternoon, although the time
to which court had adjourned the day
before was 1890 in the morning. The
case assigned for trial was that of
David F. Symes of New York and
Mrs. Jean Mcneil, wife OF Archibald
S. McNeiIl, of Bridgeport, and is an
action in which the plaintiff. carpen-
ter-constru~-0- --~'-F 70 recover $4,000
which he claims Is q balance due hin
in conStruU.-.l. - u summer dwelling
house in Musicolony, about six miles
from the village of Westerly. The
Judge. jury and court officers We're
present at the appointed hour, but the
case was not ready. The lawyers In
the case, Judge Herbert W. Rathbun
and John J. Dunn for the plaintiff and
Frederick Fallon of Bridgeport and
Frank NJ. wilcox of Providence for the
defendant, after a brief consultation,
waived the right for trial by jury and
| Judge Barrows consented to try the
case.
The Jurors were then excused from
| further attendance at the present ses-
| sion of the court by Clerk Haswell I'M
der the direction of Judge Barrows,
| and they were invited to the jury
room, where they were paid the fees
allowed by law.
The lawyers and the plaintiff then
| went INTO which was COu-
| tinuouS up to lunch time, and no agree
ment could be reached. In consequence
| the trial was commenced at 1.3O In the
| afternoon.
Judge Rathbun outlined the case and
| stated that the situation was very
| much complicated. He said the suit
was the outcome of the construction of
a house at Musicolony,w when Mr.. Symes
| came into contract relations with the
plaintiff through Architect Arthur
| Bloodgood futile of New York. There
| were contracts made and abrogated,
| written specifications supplanted by
| oral agreements, and as result the
| house. which was originally contracted
| for at $4,000, was completed at cost
| of $4,000. During the progress of
| this work there was dissolution in the
| contractor partnership Of Symes &
| O'Connor and Symes was engaged to
| complete the house.
| Judge Rathbun made motion that the
| court take view of the premises. At
torney Wilcox objected on the ground
| that a view of the premises would
| throw no light on the case, as there
was no dispute as to the quality or
| amount of work done on the house
| Questions of law are to be adjusted in
regard to contract Symes was to build
the house for $4,000. If there has been
| a bad contract, the contractor Is at
| fault. Mr.. Wilcox said he had no key
| to the house, that he was not author
| lied to force entrance, and could not
! see how the Judge could take a view
even If the motion for a view pre-
| vailed.
Judge Rathbun suggested that the
defendant furnish the key to the house
next court day.
| Judge Barrows said that if the court
| could not get into the house he could
| see no sense in going down to Musi-
| colony and that therefore he would not
| pass on the motion at this time.
i David F. Symes, the plaintiff, was
| the first witness called, and told in
| detail of the contracts abrogated, the
oral agreements, and finally of his be-
! ing hired to complete the work at a
| specified sum per diem, and all other
| labor and material to be furnished by
| defendant.
At 4.3O court adjourned to 1890 Fri
| day morning.