.,. , . . I“. W“! “or annual lam” ,‘avsrsss about .. ‘ " lasso flssrps D. th.h..oftlis mountainou- tows scars of W. furnishes 50 “MAT mass. the followls‘stst‘sl'lrnttlisssiptsofoourt . , / mammotimm W. includ- wmmssaspasasatm lumen!!!» Ilium ”dell l” W a.“ g” also. “murmurs lafavor‘of town. ism “ . M u “all. ”MMMMIlost- . ties systole our, all income for the ysar ‘ mm was to uses. . . Judas last. ”he.“ the Nserrit- sin city court. writes of thanlvil juris- diction of thus courts: "You can easily , , .mtbasvaraubf eoauandfsss.» ti“ ~""’" ”m“ “V 9“" “" thatlitigstlon willccstlittlolfacy more mm . m’ II" M” in acourtof rscwd than before ajuatlce. . “"‘mfl m “W Tbsjusticiaystem. as l havoobservsd it, is a hollow sham and a travesty on jus' m. Goose system ought to bodevlaed whereby' small class can he decided speedily. cheaply and fairly. thlgsnla in small custard ought not be subjected to the delays and rxpsnas involved in sp- appeala from justice to highsr courts." Judge N. (3. Downs writes of the Blam- fllrd court (and the Horwalk court bill follows mainly the Stamford court pro- visions): “I have no information as to the income and eanscs during the past year, but from tbs institution of the bor- ough court down to a recent period. 1 know that tbs income from fines and coals has been about equal to the expense and sometimes a little more. The ‘ court is so much preferable to the justice sys- cottonwood-Town Whimsy“ lorwalkis tbs mrmummomwo liaiirsita seam anti-ass : , a tow. or city m lforwsik ” ‘. MMwslkmtbsoniycttlssis “that donut hove the allure “Mascots. “Ummnmorm. lwslorwslha court was sstsb W They were mu. M W mtflsmmmabsry and Whammy mend Hunt- vills rays tile receipts and expenses aver- mahout them. The salary list of the Waterbury policecourt is $4,000; cost over income for 1994, “09.40. In the Danbury court. the expense of j.‘ M, W flaw Mada. lorwislp. ' “I. la the provost legislaturohbilla for town courts have already bass no the m dl‘flflmflll 1. included in " m k" W' W ““1 flunk the compfipsnws. and the average cost ._ Them 9‘ “”9 courts inall ovcrincomeiaahoutt 1,000 per annum. 1" m“ '5' m” duo chiefly ‘0',” Judge Hunger writes of tho Ansonia Woollen mm“ 0‘ tbs m" oltv court: "The opinion of the profes- 7’ W.““'W'°'im W sionandofthecommuhityon the vdlue “‘~ Missile. “ Myrna ”mandate mldosirability of our court system is , L Wmmwwlmd WWW deoitlsdly in favor of city court; could m 35““ “d m, h"’*” on notinduce our peoplstogo back to the d if!“ '9" vials-Jay “m m justicesystem. The matter of expense “’1‘" '0 W W “a" "”‘W’ miss» much with the promoting that .. m or from “’9 town,me ltlsdifficnltiolell what can be done in ’ m.“ ‘ W” two 9' throw othertowns. l thlnk the first year of " WWW“ WW"? ”'9 "M our courttbe expense was lrspt within = fl W 03M ” blank.” thalamus. iamsuratbatifyour peo- . ”MM they "9 “rm planted the court system they would . “3"” W“ W W" W W now think of going back in to. 3mm ' s shooters to the warrant. g» Theblll forthe Norwalk town court “much”. 'l'boflrstksowio wanjudxsltl salary of 31,- mm insurm- 'Wm summations“... two prosecullnr fhmilflhhflflmfilfll sands clerk. at a salary of so tins men more: his mm,Mimwwuy list 33,000. fl ofthadiv’wion. at. Myron." exclusive jurisdiction ' is so “when of mm tanntmsattitnotsojudge- loom halos been “so fromsiiwilar mus“ jWiction in crimmaicoses. "”7“me [Mm Aum ”mm” ht,“ m" in South Nay. .saslswymmwsvillr of mm“ walkandthemhrr in llorwalk at the h opportunity g" their MW” saute fame. for disposing of criminal j; “-0. FM] '0! ”WM. 13“ fast WI. Vial . WWW gtmrney in disclaim 0" W I“ W'“‘ attendanooateschsiasioa. ltcannotbs * darkroom“ theatwrtmtasnsaof «prowlhattbe a...“ “up" expl’u ~“Wmi 1m,uttotu,asdinisw wasatthsoataet.butit is certain that . “WWW W on "is om- mmulllmnumnolejuaocs sys- 7”. m yaw mm was dir ”mm, For the five years last . W In“ svii.tbo mos fell in ”hula?” h‘ onullfll upon [ha -. 1 ”$8,001“. but lattysorincrsssod “flown...“ numb of between $3.- flflfldfi. m.“ $4.01!. The town court, in Its I'M liars-ill mymflwioems civilandoriniinal billlml will produce ‘1 '9‘ W W” "0’ "' sconsldersblir income. and if properly W!“ W about aimio mm, m h 00 “God [emu why ,. m de 5"" nsrslsnvsinoomoandexunaosbould not J’ Im‘,“ "Wrfli’d campus favorably with that of the ’ Wm 91 “I“ W5 "fix; othsrwmilsroourrsin thsstats. Mkmfwmm' An intelligent. upright and judicious “WWI-snot a” m that is neutrons. aslffespecting . -. has Wm ““75 W your and therefore holding the respect and . ' "*‘F‘WWW'W confidence of the psopls. would be a '1‘." ”WWW,“ ”wt ”M craditwthe Mn. it would become in l lflfiflmfl‘ WW amounformalory. for the bill su- ‘l’ }IWW“’W ‘9'" Weapon-ion daentencslnproper i than is, ra- m. and the M. ”a“, a period) brought before ‘ We! um and “it, “j“..mldho put upon his self ros- »M I” W '0‘ protanduardbrhnvior. lnsteadofbslnz ‘. massi- a Wmammhnnmossnse . warrant W 00' Mir marinade-fiction extends to woo ‘ In cases tried at home promptly. MUZDIflslfl‘ML‘" ,andatfsrlsssoxpenas;and 0‘ W film-é” °‘ F'" mmmjmmaortosmit : ”A W “W ammunition“ tbsirlntelllgenco b a!“ the m 0! and 1'5“”. i WWW“ (totalitarianism nottobo behind ’ 1 More.” M q' not Esmhntaugbttbrasmany ' H~I~WW m m M M Mom “I.“ "Wm“m m Mufflasmhasabaodonsdlls Cl 1,” M It mum-shackle tbaoidayststn. Hmflflsb’pfl'w ”bath“ for than will be good for ”substantial. Willia- condos. who was opsrstsd spsssttas Walk hospitable» Fri- ra now-tarsus» say, tor spy-alum died there last ' .fldwm mmmmommmm- «swarms-stash was. lfawss lusting sully rmrdsr. ’ aslthsphyaiolsastlloaabtbiacondltion My layman. Tbs to were brass is lbs horns of his .fir. and Ira. Thomas Omelet. Multan. liswas seventeen stanavsrybslallt sad promis- mm. listsavsssIamoulb- l is i l 3‘ l l l l liit Ii 3 I. i a 3 r i i i i i any. i. a. o'astrs ranches on was motion comics. lei-s Plain Wards fie-«nil: the frame in lsrwaik has llavs Caused Wills- ayrsad Discussions-muses llaarrl Iro- Othsr Pulpit- cl the Dialer clues. Rev. '1‘. ll. O‘Brien preached s forcible sermon tcliqucr dealers. at St. Kitty's church. yesterday morning. so- verely csnsurlng and criticising them. llaremuked that at a convention of Catholic priests in Baltimore recently. . rules and regulations were . adopwd os. inciting the rum ssllora' trade. . The way the tradlc is carried on was antral genus, be said. and brought reproach upon all good Catholics. lie spoke in plain words concerning the condition of affairs in the town of Norwalk. and cited one case where a young man. a son of a saloon keeper, recently died at the age of twenty-five with hardly any knowledge of Christ. Many Catholics are engaged in the rum business. he said. and their actions in many instances are so dis- grac: ful that the better class of people looked down wttb scorn upon them. He wanted to see a different order of things and the law and the rules of the church better observed among Catholic saloon keepers. Tbs discourse was one of the abloat that Father O'Brien has over preached. and has caused widespread discussion. Be is pralsed for the stand he has taken in the matter. and good re" sults are looked for. South Nor-wall Congregational. The South Norwalk Congregational church was well-tilled at yesterday‘s ser- vices, which proved of great interest. the sermons being of a helpful character, and the music especially elaborate and attractive. In the morning the opening anthem was P. A. Schnecksr‘s "Bright eat and Best," and the tiisrtoire solo. sung by Mrs. Wheeler. “My Dear Ro- deemsr,” by Dudley Buck. The pastor's topic was“0ur Responsibility forOthers." l‘wo quarteitss comprised the special music of the evening. They were Por- ter's “L) the Cures." Mrs. Wheeler. Mrs. Collins, Messrs. Leland and Morgan. and Lscbner’s ”My Faith Looks Up to Thee," Mrs. Wheeler, Mrs. Collins. Messrs. Holmes and Morgan. No. 50 of the Congmgatioualist‘ sveniids services was used, and the pastor preached on "What it Means to be a Christian." florwalk Oongrrgntlnnal. Yesterday morning. at the Norwalk Congregational church. Rev. T. K. Noble chose for his subject, “The Prayer of Nabskkuk." He took for his text Ha- bakkuk iii.. 5. Portraying the signifl cance of the prayrr and dwelling upon the occasion of it, he raised the question whether, in viow of the profanation of the Sabbath, the neglect of the sanctuary. the low state of religion in our churches, and the grave social and civil problems which are a standing menace to our wel- fare as a people. we ought not all to lift to (led the prayer of Habakkuk. In the cvcniug he gave the last of his series of discourses upon “Tht American Home." His text was John xi. . 5. and his subject. “Some Practical Prescriptions for a lisp- py Home." The music, as usual in this church, was of a high order. and much enjoyed by the large congregations. Booth Norwnlk Baptist. "Forgive us our debts. as we forgive our debtors" was the text from which Rev. it. 0. Sherwood preached his flab bath morning sermon. The choir rsu» dared effectively “Tire Holy City," Shel- ly. alto solo. ducts and chorus. and “The God of Abraham Praise.” by Buck. The Junior Christian Endeavor meeting was hold at ii p. m., and the monthly conse- cration meeting of the Y. P. B. C. E. at 6 p. in. Au earnest sermon was preach- ed in the evening. These anthems were sung with expression and sweet-impres- sivensss by the choir; “Callsat Thou Thus. 0 liastsr." Macy; “Evan Ms." bass solo and quartelto. J. 0. Warren, and "The Friend who Waltsth Nigh.” Macy. The after meeting was largaly attended and abrisf season of sons. prayer and testimony was enjoyed. Nerwnlk Ialhodlst. Rev. A. H. Wyatt preached two able sermons at the Norwalk Methodist church yesterday. The morning text was from Hebrews at, 87. showing that many do not fear Christ. who Is invis- abls. but to tboas who love and keep his commandments his prssencs is always manifest. In the evening his text was “Y6 came to seek and to ssvs that which is lost," or Christ's massage to his people. loath Norwalk latbodlst. At the First lioibndist Episcopal church. ysstsrday. ltsv. A. 8. Item nagb preached to large congregations. lntbamcrolnr his discourse was upon tbsdlssassof sin and its cure; in tbs evading on the unity offircy and truth. Attila area‘s; sat-vice s new musical silillé“tu<stt‘tn;fif . NUARY Wm ' ‘ mun sauna. tifully rendered by lira Dunning. the W0. who has a charming voice. and her artistic singles yeeuirdsy will not soon b6 forgottln bythose who'hssrd liar. liar. Olin Hallock road the annual pastoral letter from Bebop Williams at bothasrvloss. T ' erasure» WITH A s'riut'rro. A fled-inspired” Quarrsl Istwisn ‘I'wa Italians at Spflnflwotld. Michael Dolloli. an Italian. was arrest ed last night about ll o‘clock. charged with clubbing Charles Hanks. Both men were in the burn on the place formerly occupied by C. F. Tolles. at Bpringwood. a'nd bad a dispute. during which Deliott draw a stiletto and plung- ed it twice into Banker's hand. making frightful wounds. Ho aimed ablow at Henke’s brad, but the latter skillfully dodged. and the keen blade penetrated to the depth of five inches in the flank of a horse stabicd in the barn. Er'lends luckily interfered, and Con- stable Inland arrived shortly and arrest ed.thc mun. although officers had bern sent down from headquarters for that purpose. Dr. J. F. Kenneiy was obliged totake eight stitches in Hanku‘s band. Justice» Barrett motioned the case until 4 o'clock this afternom. TWIN 'cm rocks Pleasant Parnlraphs About Nor-walk Pso- nle and their lrlsnds. Joseph N. Spicer started Friday for St. Augustine, Florida. via the Clyde Line steamers. having secured his ticket and stateroom through George F. Besrss, who is their local agent. Miss Lizzie Rice. who returned to her former home in Denmark. six months ago. is expected to arrive in South Nor' walk this week. coming to New York on the "City of Paris " Courtlsnd E Hilsdon. of Elizabeth street, returned home today from a visit in Brooklyn. accompanied by his sister. llrs. Otho F. Bartholow, and children. Mr. and Mn. Charles DeKlyn, Ford DeKlyn. sons and nurse. of Danbury. are at Rural invibe Pines. at Lakewood, N. J . for lira. DeKlyn’s health. lilac Wyih A. Vroom, of Brooklyn Jennings, of Gerard place, has been spending several days with lfiss ldslla K. Kroc. Bridgeport. In. Henry S. Whitlook. of Water street. has been spending the week with her mothsrln New Canaan. lira. 8. B. 8. Bimell, of Newark, is spendinga few days with Mrs. C O. Bette. on the Green. Mrs. A. F. Emery. of Newton. Mass . is the guest of her daughtcrfllirs. W. 0. Evans. Gerard place. bliss lda Kirby. of Dsnhury, was a guest of her brother, Fred A. Taylor. of Orchard street. yesterday. William L Porter, of South Main street. h rntcrtaining his father from Beverly. Mass. F. E Rsadmon, of Norwalkupsnt Sun. day in New York. the guest of his sister. . Recital and Musicale. Aflbakespearesn recital from Henry IV., in connection witba musical. was given Saturday night by Mr and Mrs. Ar- thur A. Graham and Mr. and Mrs A. F. Wheeler. at their residence. 140 Elm- wood avenue. Mr. Graham delineated the character of John Falstaff in such a manner as to bring out the quaint and irresistible humor of one of the great post‘s favorite characters. Mrs. Wheel- er was in excellent voice. and never sang more sweetly or to the creator delight of her auditors. The numbers chosen were "When the This Course in." by Millard. and "Sing Little Bird.“ by I). E. Dis- brow. ultb instrumental accompaln- most by the composer. The Gounod Quartstte also sang several beautiful se~ loctiona. An elaborate collation was served, and the many guests were most bospltally entertained. A Iowans. Couple Inrrlsd. Saturday afternoon Walter lrwln Arm- strong,of Rowayion.camo to Norwalk and visiting Attorney John J. Walsh's cfllos asked llr. Walsh if he would marry him. lir. Walsh declined. saying that be had never Illl'f’ltld a couple. but di- rsotstbhlm to Justice Alfrsd E. Austin. llr. Armstrong secured the required license and waited impatiently for his prospective bride. Ills! Susan E. Boe- rum, who came up on the ll o‘clock trolley car from ltowayton. At quartsr toslx the marriage csmmony was per formed. The couple. i'took‘. ills next trolley car for home. We might tell you more about One lflnats Dough Cure. but you probably knowsbatltsnrss aocuab. Brag one dosswbcbasussdlt. ltlsspssfsst rained for acids.” is umvzlssfsrmmm a-nlslaks my _ “a. Attila seniors at Trinity church. no ‘ ~ tsrdsyg tbs'ofleriory solo was most beau- lBE tisIEESTBElLIV. gusts conscious layouts is f\A'l’ilemlllll sass. It the claim an out lstats. 'r‘aam Ono Not II has). Shahr’s 1”va claim ‘I'hat gleam. Was lat Pro. parly malarial in Ital-ford. The cars of thbs Shaflor. of Brook- lyn. vs. Benjamin floors. of that city. and William B. Reed, of Sputh Norwslk. was on trial for three days lssl; weak in the Superior Court, before Judge Pran- tlco. The evidence is all in, and argu. ments are to be made tomorrow. From novel paints of law raised. as wall as from the effect which the decision will have upon the title to many aerosol oyster grounds in Connecticut waters be sides those in litigation. the case is of much more than ordinary intrrestmnd a history of it, furnished by the Stamford Advocate. will be very generally read by the nyatcrlnsn of Norwalk and vicinity: The suit was brought to foreclose two mortgages on certain oyster-grounds in Long island Sound, part of which are in the town limits of Stamford, and part within the limit controlled by the state. The mortgages were given to secure a note for “.000 from George H. and Jac- WShafler. of Brooklyn, in 1880. When the proceedings first come into court, Read demurredto the complaint upon the ground that the mortgage on the town land had not been returned in the right way. and that a mortgage on state ground. from a' non resident to a non- resident, is vold. J udre Sbuinwsy over- ruled this demurrer. giving a decision for tho piaintifl. The defense now set up by Reed.“ appeared from the evidence. is that there is no provision in the statutes for mort- gages to be given upon oyeirr grounds; that oyster grounds and oysters upon them cannot be considered as real estate. but as personal property; that, being por- aonal property. on mortgage “iron upon grounds and oysters would be of any effect unless the mortgages took posses- sion. Reed claims that the property be- longed to George H. Shaffer at the time of his involuntary assignment. and was in Shalfcr's possession until that time, and that it came into Reed's pctsrssion when the latter was appointed trustee of Bbalsr's estate; therefore the mortgages: «snot hold the property upon which she took possession of them and bold them too. The plaintiff holds that the oyster- grounds and the oysters cultivated there- on are ml coastal. and have been so re- garded by the Legislature in almost every statute relating to the laying out of oystergrounda and cultivation of oys- ters thereon: that they are taxed like real satiric. and attachments and execu tion are levied upon them in the same manner. and are )‘l quired to be recorded in the some way, as those on real estate; that grants srwmsdo in writing, describ ing the premises by motes and bounds and in quantity. the some as in real es- tate. and that the decisions of the courts favor that view. Assuming this posi tion, the plaintil‘ contends that mort- gages given upon the ground in question are as valid as though given upon real estate. and therefore a dscree of fore- closure ought to pass in the sums way as foreclosure on real estate. The plainiilf not only rests confidently upon the claim that oyster-grounds are real estate, but is rqually certain that oysters are real estate too The court knowsa good deal more about oysters now than ever before. It has bsen shown how oysters are planted and cultivated, how, at a certain season each year, they spawn, and before that mason comes the ground is harrowrd. stones shells and everything upon the are 'bottom are taken up. cleaned. and returned. This work, it was told. was psriormod to prepare the ground thoroughly for the spawn. which adheres to the rough substance and in a few days ”Mill." forming small oysters. Captain David B.Dscksr,wbo has work- ed upon these grounds twelve or thirteen years. testified that nearly all the oysters found at present have been produced in this way. and are really dsscsndrd from the oysters first planted on the grounds. He also informed the court that oysters could not exist without water. and neither could they saint without land. The plaintiff claims that. this being the case. the oysters are as much a part of the real estate M before they are gather- ed as any crop cnliivstsd upon dry land. Shaffer, at tbstilse ks went into in- solvency. owasd onelhalf tbs grounds (some 900 acres). and captain A.I. Prior. of Stamford. owned the other its". The latter had for years worked the grounds. cultivated tbsoystsrsand mark’sd tbsm,’ and. after acting sapsnssa. the not proceeds were divided squally bstwssn Prior and midst. arm the insolvency. Wrsndcrsd monthly reports both to tho pisistlfiand to tho Madam. also. nurtured topsy half the noun to either/but added to deposit it in s Stanford back until lbs III M to w unurity was given. The pi“ says. tiasrl. is bits-sat. ”mom i ~, ~- pay ltto Read, spool“ Illa ‘ " bondtorsfnnd icing-ll m that the mossy boloilatlllo ’ Captain Prior has ”film monthly automaton“ so to mil my. on. to ills: was». Another claim setup ”team; is, that the mortgage given mum grounds is void and of unityan lt was not recorded in a. mm by the scleotmen for that purposs. “It tor layouts and transfers. in. printed . forms, but none for recording We ‘ on oyster grounds or transfers of mob, mortgages. except the one on which this that even vyslel' layouts and transfers, had been recorded in the written books claims that, as no other book had been provided. the mortgage was properly re-. corded. and, further, that. even though the town clerk should record; norm sfl‘lcs. bis allure to comply witbtbs statute would not invalidate the mortg- age in ”the least; and. besides. if the grounds and oysters are Intrusions claimed by the plaintiff, the proper place for such records is the “had Records” of the town or a hook wherein deeds of land are recorded. Another of the defendant’s claims is that, as the mortgage on the' State grounds was from a non-resident to a non-resident, it is therefore. under tbs statute, null and void. ~ The plaintiff holds that the statute forbidding layouts to non residents was enacted merely to prevent non-residents from coming into Connecticut waters and having grounds laid out to them. If the lids are were origin l laid “out to A.i there w the a ' Id. ' prevendllri‘g bill” a ‘ trad titls fora bis conveyance to " y . . legal and the mortgage from the Win Phoebe Shaffer was valid. 11 George B. ‘ Bustier had no right to mortgage the property to Pbm‘is Sbafler. and if he gained no title from the conveyance of Prior to him. than Reed. his trustee. tr. ceivsd no title from life involuntaryaa- signmcnt of Sbafier, and had nostnnd- ing in court, so plaintiff claimed. The evidence in the case is compara- tively limited. though the 1933' points are numerous and complicated. The note was introduced and its execution was proved. and it was shown what in consideration was. Tho mortgage was produced, its execution was proved. and evidence was presented in support of the claim that the plaintiff has been and la in possession of the disputed premises. On ilieoiher'hand, ewdoncs was intro- duced to show that Trustee Reed has bran and is in ptneerslon of the premises. A great many points of law raised dur- ing the trial are to be nrgur-d next Tua- day. . The case is exciting much interest among owners of oyster ground and those engaged in the cultivation of nyl' win. The result of this suit will affect hundreds of thousands of dollars' worth of oysltll’ ground in Connecticut waters. I) finally have to be determined by the 8s promo Court of the slate. Counsel for the plaintiff (th'zs Shaf- fer) is lion. James ll. Olmstsad. of Stamford. The defendant (Reed) is rep- resented by J. H. Perry. of Bridgeport. and Colonel Russell Frost. of South lion- walk. WM"... . _ ”A... _ .. success In user soawask. " flu lawsuit the rest Disc and had latlsr's Grocery liars. The West Norwalk post office and tbs larceny store of Fred llatbar wars burs glarizld Saturday night. Tbs past ones occupies a portion of the am. and tits postmaalrcs Jamie Bates. Tbs gained an antram to the build 6 y breaking out a window. They it sucked the till and post office money drawer. gsttlu luall bullion“. Tbs postage stamps and tbs matador of theme locksd lathe safe. This was not molested. The slot of tho store wassoattersdallovsrtbs building. Obssiscftsswaraforcsdupsusid their cannula emptied into sacks. Oasisd tom. oils-r. dam N M, M taken. almost drplatlag Ir. We stick. Upwardsoft‘il nostalgic-Ir- lsl ars nil-slap. originally laid out to inhabitants of A Slate, as was bucolic wjtk twig ‘0 was recordde a book labelled “Town ' Records." used for such omissions matters as would occur tbsprlnlsd 5 forms in the various books provided for record! in the town clerk's ones. A. special book had been provided for on? 1 T ‘ mortgage was recorded. it appeared ~ when not adapted to the printed forum ' ‘ marked "Town hoards.” Thsyplalntlfl' ,, ‘ ouoyster ', ride in other books not t" lilooksaslf ibscusstlonof law woul‘, r i‘ ll
Norwalk Chronicler