Norwich Bulletin Newspaper, October 5, 1912, Page 8

Claim Made in Dr. Dunn’s Injunction Case—If Blocked Now | deeciation in which the " Corporation Will Lose $15,000—Dr. Dunn Stands on His Lease—Is Still Occupying the Partly Demolished Building. In the superior court at New Lon- . don on Friday Judge Case resumed the trial of the case of Dr. Frank M. Dunn ‘Manwaring Memorial hospital, a suit brought by the plaintift for $20,000 damagey and for an injunction to re- ain the defendant from further pro- ceeding to tear down the building in which the plaintiff has his’' dwelling and office as a physician and surgeon, and also for a mandatory injunction to compel the defendant to restore the chimneys! the roof, water and electric 1ight, of which he claims to have been deprived. 'Y"l;lll i the case where the hospital are about to erect a large business block on the site of the Dunn build- -ing in which Dr. Dunn claims that he has a lease of the entire second floor for the next lhtret: y::rs.m gt e arguments in the c - nih by Donald G, Perkins for the plaintiff, who claimed that Dr. Dunn, being in peaceable possession of his apartments as a tenant, under the law, could not be removed forcibly by the landlord. He argued that the law in ~ HOSPITAL WOULD EXPEND $80,000 NORWICH BULLETIN, SATURDAY, OCTOBER 5. 1912 true measure of the president’s au- thority were the acts that he was per- mitted invariably to do. | Mr. Shlelds called the attention of the court to the outrage that had beea | done to Dr. Dunn and his wife by the action of the defendants, picturing the | now were | living, without light, withput heat, without water, with their apartments exposed to rain and cold. In closing Mr. Shields urged the court to apply the powerful remedy of injunction to | this case by restraining the defendants | from taking down the building and by _ compelling them to restore the build- ! | ing to its former condition of useful- ness. Julige Case took the papers in ths cause for further consideration and the court adjourned till next Tuesday. Small Fire in Sherman Street. About 12,40 d'clock Friday noon Chemical company No. 3 of Sherman street received word that there was a fire in the house occupied by John Curran and family at No. 19 Sherman street and they made a quick response. The guto chemical also responded, be- ing summoned by telephone, and they reached the house on Sherman street three minutes after being notified of the rire. A mattress in the house caught fire and when the firemen ar- rived it was thrown into the street, where the flames were extinguished by chemicals. “The only damage by fire was to the mattress. It was caused by children who were playing with matches. Major Hadlai Hull in behalf of the defendants argued that the defendants were under contracts already entered into to erect a building on the Dunn site that would entail an expenditure of about §80,000, and that if the de- fendants couid not take down the Dunn building they would suffer a 1oss through thejr contracts of §15,000. He maintained’ that it was not fair nor Just that this great enterprise of the hospital corporation should be held ug for~three vears to come. He urged that the great interests invoived 'to the corporation and to New London ought to weigh against the interfe ence by the court with the defendan! taking down the Dunn building. There was a colloquy between the attorney and the judge in which Mr. Hull claimed that the contentions of Mr, Perkins were not well grounded. He further urged that the court should grant no Injunction, but leave the Dlaintiff to go out or be put out by the defendant and then resort to his legal rights to receive such damages as his dispossession might cause. He fur- NORWICH GOLF CLUB. Opening Day for Events on Ladies Calendar a Success—The Winners. ch cases required the landlord to re- num to legal proceedings and would not justify the use of superior force. He contended that the law was o that even® if the defendants had removed Dr. Dunn by force from his apart- ments the statute relating to forcible entry and detainer provided that the tourts should restore the temant su and that the law relating to andlord and temant and to forcible entry alone established the legal right f possession in the plaintiff and made it ymbent upon the court by in- tion to safeguard that right and tect the plaintiff in the occupancy g’ his apartments as well as to require the defendants to restore the premises to their former condition of good re- pair and usefulness. Mr. Perkins ©cited law cases in support of his con- t'mu DIVORCE MATTERS AT SHORT CALENDAR SESSION Three Men and Two Women Obtain Relegse from Matrimonial Bonds. t the short calendar session of the n:crlar court in New London, Friday morning, elght of the cases on the list were postponed, and in Burdick vs. Burdl on to place on un- mm%m or failure to Qlead, the case went off, Judge Willlam 8. Case P Bonds of $76 in two weeks and a bill nfup‘rfic'uhu were ordered to be filed jn George B, Church vs. Harry Wright. Both motlons were granted in the ey l‘.lwrnl savings DeGolier and others, and 30 days given as the limitation of time for demep- tion, This is a suit for foreclosure of e on four tracts of fendants are sixteen sm‘ I Schofleld of Poughkeepsle, N. Y, In the divorce sult of Anna M, Walk- er va. Henry H, Walker, both of Nor- wich, the court granted a motion for ecific statement of the times, places and persons of the adultery charges, Answer is to be made in two weeks. On the lst of uncontested divorces, Clifford Caswell of North Stonington was granted an annulment of his mar- riage with Susan Caswell, to whom he was married on August 26, 1911, at North Stonington. Documents were produced to show that at that time &he had been married in New York to Houston Flint and that this marriage was still in effect. Attorney Bdward T. Burke appeared for the plaintift. Divorce on the grounds of desertion and the cus of two minor children was given In the suit brought by John Alfred Sawyer of Groton against Lil- llan M. Sawyer, to whom he was mar- ried March 1, 1900, She deserted him, it was alleged, on April 19, 1909. Also on the grounds of Dn Harry M. was granted divorce from Maude Nel- son Lee of Pasadena, Cal, to whom he was married October 5, 1898. De- sertion since May 12, 1909, was charg- ed. The custody of a minor daughter ‘was given to the plaintiff. Mae Belle Howland Marshall of Groton obtained the decree of divorce she sued from James Carlon Marshall of Montreal. The plaintiff charged de- sertion since November 20, 1903, and also habituaintemperance and intol- erable cruelty. They were married June 20, 1901 The custody of a mi- nor was given to the mother. Minnie Barrow of New London, ‘whose malden name was Minne Faulk- ner, obtained a divorce decree from Frank Barow, now residing at Tur- key HIill, Canada. They were married November 5, 1881, and the decree was on the grounds bf desertion, Edwin A. Maynard asked a divorce from Sarah M, Maynard. He claimed that Mrs. Maynard had been guilty of adultery on divers occasions be- tweeny March 1, 1908, and January 1, 1912. Mr. Maynard stated that he had never lived with his wife and had never done anything for their child. Judge Case asked Maynard if he meant to say that he had never done any- thing for his child, and he said that nenipd not, as the child had been adopted by a family with his consent, Mrs. Maynard's maiden name was Sarah May Babcock. The couple were magried December 16, 1907. Town Clerk John C. Turner read the record of a birth to Mrs, Maynard, which occurred in 1811, The only other witness was his father, James R. Maynard, employed by the G. M. Long Co. He testified that he knew his son and his son's wife have never lived together. Judge Case did not think the evi- dence strong enough and asked Attor- ney G. Curtis Morgan, counsel for Maynard, on what conceivable ground | the action was brought. Atmmey‘, Morgan replied that it was claimed | that in view of the fact that Maynard and his wife had not lived together and that she had a child born to her in 1911 proved the claim of adultery. Judge Case stated that he would take the papers. Assignments Made. The following assignments were made: Tuesday, Oct. 8—At New London— Supreme lodge, N. E, O. P, vs. Joyce and others; Rebecca Elionsky vs. Im- an_Elionsky. Wednesday, Oct. 9—Main vs. Main; Merchants’ National bank of New Ha- ven vs. Walton and others. Friday, Oct. 11—Short calendar, bar meeting and assignment of cases. Tuesday, Oct, 15—Special—Conroy vs, Conroy; Rathbun vs. Geary., Tuesday, Oct. 22—Special—Mohican Co. vs. city of New London. Waterford Man Wants Divorce. In a new divorce suit, in which pa- pers have been flled with Clerk Par- ! often. ther contended that the three year lease was Invalid, that Presideni Charles B. Graves had no authority or right to give it, and that it was done without the knéwledge or assent of his fellow trustees of the hospital cor- Poration. Attorney William H. Shields made the closing argument for the plaintiff. He took up for discussion the question Thursday was the opening day for the events of the ladies’ calendar of the Norwich Golf club. There were ten entries in the contest for the handicap cup, and Mrs. Wilis Austin returned the best card, 119. The second best card was turned in by Miss Ada L. Richards, who had a score of 121. Mrs. of the validity of the three year lease | Austin, who is at present the holder of | under which Dr. Dunn was now hold- | the cup, has been the holder of it ing. He pointed out that the presi-4since the days of the old Norwich Golf dent of the corporation in giving the | club. There were several ladies from three year lease in the name of the| New London among the entries. corporation had exercised an authority | The ladies who took part in the con- that was left to him by the board of | test were Mrs. Robert Chappell, Mrs. trustees when they committed the|J P. T. Armstrong and Mrs. Carey whole care and management of their | Congdon of N London, and Mrs. property to him. He pointed out.that | Willis Austin, ‘}3}\., Ada L. Richards, Miss Pauline Chase, Miss Anna Chase, Miss Elzabeth Chase, Miss Lois Per- kins and Miss Helen Smith of this city. The committee in charge—Miss Ada L. Richards (chairman), Mrs. Robert Chappell and Miss Lois Perkins—feel greatly encouraged over the imterest shown in the contest. Later in the season another day will be set aside for playing for the handl- cap cup. It is hoped that many mora| ladies will be Interested enough to| enter the contests, as an attracti programme has been fall season. Beginning the week of Oct 21 play for the challenge cup will commence, and will continue through the week. During the tournament it| will be all match play. . the evidence showed that Dr. Graves had executed in the name of the hos- pital two prior leases to Dr. Dunn for four vears and a lease to Mr. Darrow for five years, that through his brother, James M. Graves, a real estate agent, the preeident attended to all the leasings of the property and to all the collections of the rents, and practically did every act of management and con- trol over the real estate. He called attention fo the fact that the first lease signed by the president to Dr, Dunn was drawn by the Hon. Alfred Colt, then and”now one of ths trustees of the corpération; that Mr. Coit also inserted in the second lease in his own handwriting the term of three years for which the plaintift was to hold, and also that Mr, Colt when the controversy arose admitted to Dr. Dunn that his lease was a legal and binding one upon the corporation and that the president of the corpora- tion himself in his last talk with the plaintiff admitted that he considered the three vear lease as binding and legal. The attorney claimed that the Miss L« Gifts Appreciated. The junior secretaries of the Eastern Connecticut branc hof foreign missions have tendered enthusiastic thanks to | Miss Delia D. Leavens for her inter- | esting and generous, contribution of | Chinese curios to the branch property. 0 . At T EXHIBITION SR ART EMBROIDERY THE WORK OF OUR CHILDREN'S CLASS During the summer months we con- ducted classes in embroidefy for the little girls, free instructions being given. This class numbered between thirty and forty, the average age being eight years. The season of instruction having been completed we are giving in one of our big windows an exhibition of this work. Don't miss it. A PRIZE WILL BE AWARDED TO THE BEST SPECIAL SATURDAY VALUES IN THE ART GOODS DEPARTMENT CREPE NIGHT GOWNS of handsome design and well made, stamped in handsome patterns ready to em- broider. Saturday,. Special $1.00 98¢ and $1.25 CLUNY CENTERS AND SQUARES, edged ang trimmed with inserted bands of German Cluny Lace. The centers are 27 inches in dlameter and the squares are a little larger, 30 by 30 inches. Saturday, Special 50c Free Instruction in Knitting and Crocheting Classes Now in Progress A Special Sale of Fine HAIR GOODS 4Pyt In ~ Lots of Butter’” That's what we wrote our CARAMEL MAN. He wrote back, “Butter costs 34 cents a pound!”” We told him to put in - the butter just the same. We had to pay the difference, but we are bound to sell our customers the best Caramel that money can buy for 29¢c a hox One large dairyman told us, “You can TASTE the BUTTER in those CARA- MELS,” so-he tock home a box for his wife. They are better than chocolates. THE LEE & 05G0OD CO. Retail Department 145 Main St. Opposite The Plaut-Cadden Co. Just a street number, but a number counts a good deal very A visit to 145 Main Street, where the New Branch Store of John Marsa, the Clothier, of Brooklyn, N. Y., is located, | will realize for you a SAVING OF 15 TO 30 PER CENT. ON YOUR PURCHASE OF MEN’S, YOUNG MEN’S AND BOYS’ CLOTHING. Our selection in styles is the most complete ever shown in this vicinity, and our prices are unheard of, ranging from $5.00 to $22.50 per Suit. CALL AND CONVINCE YOURSELF. Look over our just received shipment of the newest crea- tions in WINTER OVERCOATS for all ages, in dozens of desirable colors, made in our own factory, of imported and domestic woolen fabrics. Plenty of the much wanted Plaid Back Scotch Cloth Oyer- sons of the superfor court, Gurdon T. Miller of Waterford asks a decree from Sadie L. H, Mtller, now of parts unknown. Sadle L. Holmes was the malden name of the plaintiff and the couple wag married on August 1, 1906. " She deserted him, it is charged on Sep- S ! Joln Marsa coats in gray, tan and brown, at $15.00, $16.50 and $18.90. | A Word to the Well Dressed Woman It is your pleasure, in the matter of dress, to make the very best appear- ance, and yet your hair which should be your crowning glory is not always what it should be. Do not hesitate over buying one of these switches, puffs or transformations. They are made of the finest imported halr, beautifully made and blended. Custom made quality at department store prices. PERFECT MATCHING OF DIFFI- CULT SHADES AN UNUSUAL DISPLAY OF GREY " SWITCHES With the arrival of the first grey hairs difficulty is experienced in se- curing a perfect match as the grey is unevenly mixed with the natural color. | WE CAN OVERCOME THIS DIFFICULTY We have at present a quantity of beautifully made switches of fine qual- ity in such a wide range of grey shades that you will find no difficulty in securing one to match your hair. VISIT US WHILE THIS DEMON- STRATION IS IN PROGRESS REY SWITCH of fine quality, Glmpm‘led hair, 24 to 26 Inches GREY SWITCH of same quality as above, 26 to 28 inches long..$7.50 SPECIAL SATURDAY VALUES 20 to 24 INCH TRANSFORMA- TIONS made from a fine grade of wavy hair in any shade. The halr in these transformations is 16 inches long $1.00 to $5.00 28 to 32 INCH SWITCH of beauti- ful wavy hair of fine quality in all shades. This is a regular $6.00 value—Special $ 32 to 36 INCH SWITCH same as above in quality and variety of shades. Value $7.50—Special...$5.98 BUY YOQR SWITCH HERE AND HAVE YOUR HAIR DRESSED IN THE MOST ARTISTIC MANNER FREE OF CHARGE. SOME UNION CLOTHES Car fare returned to out of town customers 145 MAIN STREET Trolleys Lead Beautiful Winter garments, warm, wooly Underwear; soft, down Coverings and Draperies. With these and all oftheleuercoldwelthercomforhwenefullym RUG AND DRAPERY DEP'T. Fall Opening and Sale of Floor Coverings and Drap- eries. MATCHLESS BARGAINS. SOME SPECIAL SATURDAY VALUES. WINDOW SHADES of oil opaque, strong and durable, in six differ- ent shades. Regularly 25c each. Saturday, Special 20c ALL WOOL INGRAIN CARPET of the best quality. This grade we usually sell for85c a yard but for Saturday we have made a startling price. ‘Saturday, Speocial 650 Made and Laid Free $1.45 SCRIM CURTAINS for $1.19. Beautifully made Curtains with dainty Cluny lace edge and inser-. tion. Saturday, Special $1.19 1$5.00 SUIT CASES for $3.76—Gen- uine Leather Suit Cases with heavy bell rivets ‘for strength, short straps and full linen lined. A genuine §5.00 value. Saturday, Special $3.75 * INFANTS’ WEAR DEP'T. A SPECIAL SHOWING OF COATS AND HATS, INCLUDING SOME BEAUTIFUL MATCHED SETS. MOST EXCLUSIVE LINE IN THE CITY. GALATEA DRESSES for children from 2 to 5 years old. These are splendid play time Dresses, as the material wears like iron and launders well. There are two de- signs, both in Freach style with pleated skirt. Saturday, Special 50c CHILDREN'S GALATEA ROMP- ERS in assorted patterns, sizes 2 to 6. Give plenty of freedom to active legs and bodles, Saturday, Special 50c FELT HATS FUR CHILDREN—A small lot of Ilats which are marked very low for this day's selling. Fer children from 3 to 6 years cld. Saturday, Special 50c DOMESTIC DEP'T. $3.50 HEAVY WOOL BLANKETS —They are heavy too. A spleh- did winter weight and the regular price was particularly low. We can give you these In either gray or white. Saturday, Special $3.19 Our present Millinery display will interest you. wildering array of dainty Hats for all street, outing or social wear. Every day sees fresh arrivals, for the rush is on and they do not stop long. Let us demonstrate to you our ability to FOR SATURDAY A special showing of practical and inexpensive Hats for Misses and for school wear. Velours, Velvets, Plushes, Felts and Cor- duroys are shown in great profusion. please you. the most fastidious miss. The Busings; ‘ Conter of Norwich OCTOBER FASHION NOTES Mr. Jack Frost has been visiting in town recently after a Summer spent in the north. He declar i pleases him and he will return for a lengthy sojourn with us. We are gy by - our store from basement to roof with the garments and fittings of state prepared to do him honor, as we have filled y Blankets and Comfortables; beautiful Floor BOSTON STORE GARMENTS A woman came to us one day this week and said: “I have been to all the shops and have at last come back to you. Your gar- ments look good.” That one word ex- presses it simply and effectually. They are good. Good styles—good workmanship— good values, Smart Suits which show the little deft touches, which mark the work of the best designers. Pretty Dresses expressing dainty femininity in every line, Swagger Coats—some rough and wooly-—others which were in- tended for dress occasions, Stylish Waists in great variety for all uses. We are taking great pride in our Waist section this season for the entire assortment is a little out of the ordinary. To $2.00 COMFORTABLES for $1.79— Made in anticipation of Jack Frost’s arrival. Warm and heavy, they are made large enough so you can tuck them well around you. Saturday, Special $1.79 WASH GOODS DEP'T. 17¢ SERPENTINE CREPE for 13¢ —We have just received a new lot of this popular material in a fine assortment of colors. Light green, tan, navy, pink, old blue, lavender. black and white. Solid colors and satin striped. Saturday, Special 13c LACE DEPARTMENT. PURE LINEN LACES for use on window drapéries, doylles, center pleces, etc. These Laces are from 1% to 2 inches wide and sell reg- ularly for 12%c and 16c a yard. Saturday, Special 5c HOSIERY AND UNDERWEAR DEPARTMENT WOMEN'S FLEECED VESTS and PANTS of full bleached cotton. A weight made for early Winter selling. These garments arg nice- 1y made and in the correct size will fit. Regular 35c quality. Saturday, Special 25c MEDIUM WEIGHT VESTS AND PANTS FOR WOMEN — Made from a light weight cotton and wool mixture which will not irri- tate a sensitive skin. These gar- ments are ribbed. The vests are either long or short sleeve and the pants ankle length. Sizes 4, § and 6. Value $1.00 a garment. Saturday, Special 87¢c CHILDREN'S T!VINTER WEIGHT VESTS—Straight ribped of Peeler cotton they are spldndid under- garments for the growing child. The sizes run from 20 to 28. All regular 25c and 30c qualities. Saturday, Special 21c NOTIONS, TOILETS, ETC. NICKELED SEWING, EMBROID- HRY AND POCKET SCISSORS —These Scissors in all sizes are splendid 26c, values. Saturday, Special 19¢ CLOISONNE COLLAR AND CUFF PINS—These Pins in the delicate- Iy colored Cloisonne enamel are really beautiful and so cheap. We show a large line of designs. Reg- ular 20c values. Saturday, Special 14c LINERY There is a be- The styles will please! be slangy they are “classy.” SPECIAL SATURDAY ATTRACTIONS Sale of Holland Grown Plant now while the ground is right. These Bulbs if properly planted will surely blossom in the Spring. SINGLE HYACINTHS—White, vellow, red. SINGLE TULIPS--Red, white, yellow, variegated pink. DAFFODILS CROCUSES—White, blue, yellow. SNOWDROPS COSMO BUTTERMILK SOAP for the complexion is unexcelled Sells every day for 8c a good sized cake and there are three cakes in a box. Saturday, Special a box 17¢ ~ STATIONERY DEP'T. BOXED PAPER OF 26c QUALITY + —A fine Correspondence Paper of good weight and excellent finish. KITCHENWARE DEP'T. DRI-MONIA—One package of this wonderful cleanser equals 8 pints of liquid ammonia. For washing and cleansing generally and for the tollet. Full directions on every package. Value 7o, Saturday, Special 3¢ HALF POUND PACKAGE OF BORAX—High grade Borax, fres from adulteration, put up for household use. Saturday. Special 6c GLOVE DEPARTMENT THE “HEROINE” GLOVE for women. The two clasp style which is generally worn. These special Gloves look and wear lii the dollar kind. Either white or tan shades, Saturday, Special 69c CHAMOISETTE GLOVES in the § two clasp length. High grade Chamoisette which will wash well; in either white or the nat- ural yellow. Value 50c. Saturday, Special 42¢ MEN'S FURNISHINGS DEP'T, ‘WINTER WEIGHT RIBBED UN- ION SUITS—Now is the time to get the heavy underwear. You may need it any day. Sizes 38 J} to 46. Regularly $1.26. Saturday, Special 98¢ MEN'S AND BOYS' SWEATERS— SLIGHTLY SOILED. To dispose of these few slightly solled Sweaters we have marked them way down for Saturday’s selling. $1.00 Sweaters— Saturday, Special $2.00 Sweaters— Baturday, Special $1.10 $2.50 Sweaters— Saturday, Special $145 BULBS FOR FALL PLANTING blue, A dozen 45¢ A dozen 15¢ A dozen 15¢ A dozen 120 A dozen 125 (On Sale In Basement)