Norwich bulletin., 1920-05-29
WILLIMANTIC

v 2 Norwich Bulletin, Will1mantic office. e3 Church St. Telephone 1o5.
 The first case considered in the super for court Friday was the uncuEiested divorce suit(of Walter B. Colby vs. I:l- Ian E. Colby. The petitioner test:f-d d that he married June 5, 1898, at Roeh daie, Mass. and that his wifs left h,m ia l9eS, as she wanted to live at the home of her mother. Miss EiF>.e M. Col by of Auburn, Mass, and FrauE Potvin C2 Putnam testified that So'by had not lived with his wife for some tr:1e There arc two sons both over age. ], divorce was granted on the grounds of Geaertioi:. The continued case of Bartholomew A. Moran vs. the City of Willimantic, which has occupied the attention of the court since Wednesday,, was resumed. The first witness called was City Engi- neer Robert E. Mitchell who testified that he recommended the removal of one or possibly two of the trees on Lewiston avenue. He visited the loca- tion with Alderman Holbrook, Mayor D. P. Dunn and Corporation Counsel T. J. Kelly in regard to the proposed change in grade at the intersection of Lewiston avenue and Chestnut street. He
 
 | up at that time, and he was of the opin- ion that one or two of the trees might have been saved.
 Ex-Mayor Daniel P. Dunn testified 1 to: the controversy about the proposed change of grades the question of the l disposition of the trees came up but he l did not remember it's result. He did not i recollect having called MT. Moon iE front of whose home the trees were 10. cated He didn't know the trees were cut down within an hour after their visi to the site, but remembered that MT Moon had told him the trees were beine l cut down. On cross examination MT Dunn stated he did not give any order! for the cutting of the trees. He hae 1 heard MT. Mitchell remark that some of the trees would have to be cut. Charles M. Holbrook, alderman-at l large at that time, testified that he a chairman of the street committee coult remember no discussion over the cut ting down of the trees. MT. Moon dit not come out, he thought, and he neve ei called MT. Moon on the telephone. Or cross examination he claimed he had n authority to give orders to cut the trees
 When Attorney Kelly, representing the defense, was called to the stand b. | Attorney Foss for the plaintiff there wa l considerable argument but finally Nil Kelly took the stand, and from the tim he began until he finished there was 1 battle of wits between him and MI Foss. MT. Kelly at first denied that l was part of his official duties to act i legal capacity for the various commit . tees but admitfhted he sometimes did s when his opinion was sought H thought Mir. Moon came out at the tim ! there, and wanted to know how the pro posed changes would affect his propert! He did not remember Mr. Moons askin to have the trees saved. He denied hay ing a telephone conversation ~ with M Moon
 } John Collins, former superintendent sewers and sidewalk inspector, elaine 7 he never gave MI. Moran orders to cJ down the trees and to the best of Il knowledge was not called into the Mod 1 home to answer a telephone call. H = claimed men employed by Mir. Moran cl the trees.
 Attorneys Kelly and Foss had stirre up some feeling up to this time.
 Frederick L. Mott of Lewiston ay nue stated MT. Moran had used his tel phone priol to cutting down the tre , and he heard the name of Holbrook us, in the conversation. George c. Moo testified to talking with the city of cials on the day the trees were cut. was not sure they came by appointmeI but remembered asking them to come U The conversation about the trees and t grade took place that morning. Cor ing home at noon he found the trees b ing cut down. He could not rememb having conversation with MT. Holbro
 on the matter. He had one of the tr stumps at home now in use as a cho ping block and it measured 13 to
 inches in diameter. On cross exauin 2 tion he admitted MT. Moran had su
 him for putting in the curbing and
 counter claim had been made by him i
 damage resulting from the cutting of {
 trees. This was done, by his attornt
 Samuel B. Harvey, and not upon his r
 ommendation. He believed the trees VI i. to be spared. although the city offici; ~' had not promised this.
 e Mrs. Elizabeth J. Moon, wife of 1
 previous witness, testified that she cal v Mir. Collins into her home to answer I telephone call for him and when he ca Q out he ordered the men ito cut 7
 down. which they did Mrs. Lena ef Robinson of Lewiston avenue testif
 to seeing Mrs. Moon go after MT. C
 lins and said the trees were cut do
 soon afterwards. The city officials w
 there in the morning. Mrs. Olive H
 of Chestnut street claimed to have S, a the city officials in that neighberhood an afternoon about three days previ,
 to the day when trees were remov
 Judge Otto B. Robinson told of ta
 ing with the officials at the time m
 tioned, about the change of grade
 saving the trees. He had a chopp
 block made of one of them that me -d ured 12 to 13 inches in diameter ,
 was taken from the third cut up on t '5c tree.
 Ex-Mayor Dunn, MT. Holbrook
 MT. Mitchell could not remember h ing been at this place but once this
 ing at in the morning:
 ue, Wheelbarrews introduced as exhi
 as to the proper mixture being U
 brought forth lively arguments from
 attorneys in the case.
 - The afternoon session began at 2
 clock with arguments for the blair
 and the defense. The arguments clc
 at 415 o'clock, Judge John E. Ke
 reserving his decision. Court adiour