Connecticut western news., 1920-11-18
EAST CANAAN CASE
 ON TRIAL IN TWISTED
Meeting Last Week Fails g.,.. to Effect a Settle <. ment

The trial of the case of the state vs. James F. Tierney and others, which has attracted much attention, was started Tuesday morning in the criminal superior court, Judge Don ald T. Warner presiding at Winsted. The court room was filled with wit nesses and spectators.
 State Attorney Walter Holcomb of Torrington, assisted by Lawyer J. C. Roraback of Canaan appeared for the state. The defendants, Il In number are represented by Lawyers Benedict M. Holden and Arthur E. Howard of Hartford and Frank B. Mum of Winsted.
 A settlement proposition suggest ed by Lawyer Holden, to the effect that Tierney rebuild the sheds, etc., and relinquish all rights in the trian- gular park, was acted upon last week at a meeting of the church society. It is understood Mir. Tierney agreed to rebuild the sheds, but that the society wanted Tierney to pay the costs and the church would do their own rebuilding. The proposition was rejected and the trial will con- tinue. ..
 The complaint as read alleged that Ion July 29, 1920, James Tierney, James Tierney, Jr., Charles Tlerney, Thomas Tierney and John Tierney, all of North Canaan, and William Tierney, Samuel Torrant, Edward Ill Funk and Fred Monticello, all of Norfolk, in said county with force and arms did greatly disturb, and break the public peace by tumultuous and offensive carriage abusive lan- guage, noise and behavior against the peace and contrary to the statute in such case provided and that (the same parties) did injure certain buildings, other than a public build ing to wit; the horse sheds belonging to the said Ecclesiastical society Of the town of North Canaan erected and used by said Ecclesiastical so- ciety and its members and attendants of the church connected with the said Ecclesiastical society, by tear ing down, destroying and removing said church horse sheds, against the peace and contrary to the statutes in said case provided" -.
 Mir. Holden's demurrer to the com plaint resulted in a slight change in the wording.
 A panel of 43 men was on hand from which to select a jury. Some of these were excused because they were residents of Norfolk or Canaan. Those remaining were cautioned by Judge Warner and lawyers for both sides that they ought not to serve if for any reason (including reading of the Winsted Evening Citizen) they might have formed an opinion in the case The jury as finally chosen by lot was as follows: Frank Church, Fred Chamberlain, William H. Miles, Albert T. Eggleston, Fred Tenn, Stephen Doty, Louis Shepard, William E. Frink, J. M. Baldwin, Rex Kanrean, Henry H. North and Charles Dubois. All of the II de- fendants pleaded not guilty.
 The first witness was Frederick N. Moore of Winsted.
 MT. Moore presented map of the church property in East Canaan ta- ken last summer and fall. The map included a sketch of where the sheds stood before torn down. Attorney Holden claimed the map was not cor rect, that it was false and mislead- ing and that it should not be admit ted as evidence. MT Moore testified that he used deed possessed by the Second Ecclesiastical society of North Canaan given by Lyman Law renee to D. Hayes to get his bearings and that he did not use the mile stone mentioned in the deed as a basis for his survey. Mr. Moore fur ther stated that highway runs be- tween the site of the sheds and the church.
 Attorney Holden asked him if At torney J. c. Roraback hired, him to survey the property and Mir. Moore replied that MT. Sage had first spoken to him and that several other men had seen him before Attorney Roraback but that the Second Eccle- siastical society hired him.
 MT. Goodwin of East Canaan tes- tifed that he lived on the main high way to Canaan about quarter of a
 Continued on page 4)