Norwich bulletin., 1919-09-25
DANIELSON

| AnOIner car or the SnOre Line was thrown off the track. Wednesday morning, as the result of running onto | a piece of metal that had been placed on the rail. No one was injured and the car was put back on the rails and | service on the line was resumed with | in half an hour. Wednesdays incident | is regarded Is the work of boys. emu | latjug the pernicious example set by older and plotting heads that used | the same method to derail a car near Alexander's lake Saturday evening | last. It was about sos a. m- Wed nesday when the car was derailed at | streets, near St. James rectory. The | obstruction. a flat piece of metal about
 five inches long. that was used to | throw the trolley car off the iron, must have been placed on the rail | some time between S.25. when a car
 passed the point southbound, and o. clock. In the meantime many boys had been in the vicinity.
 l Officials believe that more than one | must have been concerned in the de- l railing scheme and an effort will be made to fix the responsibility. Off, ] cers do not regard it as likely that men would take the risks of discov- i cry that would attend their doing any
 thing of the kind in broad daylight at
 a point where many people are con stantly passing. Motorman Joseph Gay, who was in charge of the car brought it to quick stop and only the forward truck went off the rails. ] Judge Frank D. Haines has over
 ruled the demurrer entered by coun- i seI for the town, Attorney F. l.. Dar- i bic and Attorney C. E. Searls. argued l last Friday in the superior court in l Putnam, in the case of Gertrude A. WardeTl vs the town of Killingly. 1 Judge Haines finds that the writ ] ing' that Miss WardelI has asserted she held may be construed as being ! teachers certificate, as required by | statute.
 l Attorney Darbie said Wednesday
 morning that the town would file an 1 answer within few days Judge 1 Haines' memorandum follows: ] The law of the case is fixed by the decision previously rendered on de i fendant's demurrer and now on file. The conclusion there stated is: The | plaintiff was employed in school re- l ceiving a portion of it's support from | the public money, and so could not be 1 legally employed without a certificate and yet has failed to allege that
 she had certificate She has there
 fore failed to state good cause of ] action"
 l The plaintiff has now by addition
 and amendment alleged in substance | that in the fall of 1917. she was exam 1 ing music by a committee of their ! number appointed by the defendant
 school committee for that purpose, 1 which reported to the latter that such i DccI Iidi anu tildt i the plaintiff was qualified: that the l school committee in executive session l approved the report. and notified the | plaintiff that she was qualified and ap- pointed to teach: which she did for
 the school year of 1917-191S; that 1 she was re-enga ged for the school year 191S-191S; that at the time the l contract for the latter service was
 made. she possessed "a writing from
 the defendant school committee noti- i flying and informing her of the action i of the defendant school committee in i finding her qualified to teach and su- pervise music as herein before al legged" but that that writing was not
 now in her possession and she was not i aware as to it's whereabouts.
 Does the statement of these facts l which for the purpose of the present demurrer are admitted. meet the defi- ciency of the original complaint and | state a good cause of action in the amended complaint?
 | No form of certificate is prescribed
 by the statute. and though not so de- | nominated. the writing to which the ! plaintiff refers in her pleading may l fairly be held to mean the certificate required by the statute.
 That certificate was issued in the 1 fall of 1917. and she taught the sue ceeding school year It does not ap- i pear that the certificate was limited ] to a specified time as is permitted by statute. nor does it appear that it has
 ever been revoked. G. s. No. 10O7 ! The statute prescribes that the cer- l tificate there provided for. unless for i a prescribed preiod of time, shall au- ! thoriZe the hoi der to teac ch in any pub l lie school of the town district ''so ] long desired without further ex-
 animation unless specially ordered D l Under these circumstances, the certi- l ficate issued in the fall of 1917 re- 1 mained valid and outstanding and the plaintiff alleges this was in her pos | session when the contract for 191S- l 1919 was made.
 within the doctrine of Wilson vs. East Bridgeport School District 36 i Conn. 2S2-2S3.
 The demurrer is overruled; the mo- | tion to eXpunge paragraph 10 Of the | complaint is granted
 HAYNES. Judge. i County Detective w. E. Jackson of i Willimantic brought a queer chara cter | to the county jail al Brooklyn We'd l nesday in the person of John Caplan.
 whom the officer found hiding in a l thicket behind a wall in the town of 1 Chaplin, earlier in the day. Caplan l stood to face a charge of breaking and
 entering, but since his arrest it has i developed that he is an esca ped in mate of the Norwich State Hospital i for the Insane, so it is likely that he | will be returned to that institution ] MT. Jackson said Wednesday after noon that some breaks attended by l strange circumstances have been go- | ing on in and about Chaplin recently and in search for the responsible 1 party suspicion was fixed upon Cap 1 Ian.
 When Caplan was rounded up by l Mir Jackson the officer at once rec ognzed him as a man with whom he 1 had had previous dealings-John Doe as he was known when he was com mitted in Norwich. Caplan has lived ! in Colchester at times and has given officers more or less business over a l period of several years. when he was not in custody.
 You're John Doe" said the officer l to Caplan on Wednesday. referring to l the name previously used in warrants out for Caplan. This CapIan denied
 but afterwards he would wink at the officer and smile