New Britain herald., 1922-04-06
Plainville News


 One Week
 INTERESTING TESTIMONY school Hoard Has Mccting-Chamhcr
 Of Commerce Will Elect Officers
 Tonight-Funeral of Orson II
 WoNlruf-Epworth League Notes
 Judge F. ?. Prior reserved his de. cision yesterday afternoon in the cvic. ton case Of Frederick Louis ,enzon acting attorney for Mrs. Lucia r. New. ton against Frank Oliver Thompson local garage man who now occupes a place on the premises of the Newton estate Judge Prior will give his de- cision in week after summing ur or the evidence produced at Inc | hearing Attorney r. r. McDonougf Of New Britain acted as counsel fo, the defense, while Noble F.. Pierce ot | Hartford was representative for the Newton estate.
 Details of Case.
 Mir Renzon was the first one called to the stand. Mrs. Newton is his wife's mother and he has the powc, to act as attorney and representative for the Newton estate, Attorney Me tDonough objected to the testimony oi Mir. Benzon on the ground that he de sired proof of the fact that the wit ness was the positive agent for Mrs Newton.
 For all we know" said Mir. Me T'onough. the witness may be act ing in spite against the accused" Al | torney Pierce objected to the ruline out of his client. but the further pro testing of Attorney McDonough wor and the testimony of Mir. Renzon wa not received Mir. Pierce suggested an adjournment to the home of Mrs ! Newton, where the case could b' heard. when Attorney McDonough | aid that she, being the party men l toned in the case. should be in court l Nr. Benzon said Mrs. Newton was ir | 70 condition to attend the hearing 1 Ir. Benzon was dismissed from fur her questioning.
 J. '. Nckernan Called. Joseph J. McKernan. ruperintend mt Of the Plainville Water Suppl, company was called on ;he question delayed payments of the water rent which caused the eviction proceed 'ngs. Mir. Mokernan said that he ha' forwarded bills to the Central Garae which were always neglected lonr lfter they were due. He sent Mir Thompson a letter on December :, 1891, stating that attention should h ,aid to the bill now standing or the water in tho garage would be shut off
 The neglectful way of paying th' water rents is claimed 10 have been breach of the lease held by Thompso' ,n the garage. Attorney McDonouGf cad the contents of the lease. IL wa lated on June 12, 1917. and gave permission for the occupancy of tho yarage to Mir. Thompson for five years which will terminate this June. The lease also reads to the effect that all water rents must be paid. In what length Of time it did not state. MT Mcnonough therefore claimed that Thompson did not break the lease b.! not paying the water vents ns ther was no established time for doing SO Mir. Thompson had made arrange nents with Mir. Mckernan to pay th' bills and had been doing 80 for fh' past five years, said the superintend cnt of the water works.
 The climax in the entire case came on March S. Mir. Mckernan called ur Thompson and asked for a check for s35.6l which was due. Thompson aid he was going 10 Bristol md would pay the bill that day or the next morning. In the meantime. OF the afternoon of that day, Mir. Benzon called at the water company office lnd paid the bill. Next morning Thompson sent in his check for the bill.
 Check Sent Back
 Superintendent Mckernan therefore sent back the check rendered by MT Thompson stating that the bill had 1lready been paid. Mir. Thompson i'm nediately sent the cash to Mrs. New ton to repay her for attending to tho nill. Therefore, contended Attorney McDonough. Mir. Thompson had paid his bill for the water rent and again had not broken tho contract in the lease.
 Thompson TestifeS.
 Mir. Thompson said he was paying Sac month rent for the garage. This included all water bills. On January 10, Mir. Rcnzon had sent letter to the garage man about the violation of the lease by not attending to the payments of the water rents. Judge Prior ruled that Thompson was all right in paying the rent in question on March &. as he had arranged for that with the water superintendent Mir. Thompson contended that Mir. Benzon had no right to step in and nav the rent when he had already made arrangements for attending to it Mir McKcrnan said he accepted Ben zon's check as he was taking no chances on not getting f from Thomp- son.
 EcnzOn Recalled
 i'-~'"n was again called by At