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0URV in boardman-suuuvanCASE RETIRED:AAt the opening of the afternoon ses-_ Bion of court, yesterda]y, the cross-ex animation of Sullivan ; wjas continued. Many- questions concerning the purpoa-, es and motives, in offering the] resolution at the town meetings -were asked and objected to a net the; majoritjy of th objections were, sustained, so that about the only statement standing was that he offered these! rjesolutions to prevent any more damage affd expense by Boardman to the Town of Gromwell.The matter of the resolution offered by the -witness to empower the town of 'Cromwell to -sue (Boardman for damages and expense was: then taken up. Judge Haines asked: '“Did you know that the town of Cromwell had been caused damages and exjpense?” Answer, “As well as I know anything.’’. “That isn’t very definite,” said Judge _ Haines, -with cutting /.sarcasm. The witness then testified that he: considered that Boardman was the cause of these expenses and damages. The wit ness then sta'ted as his reasons for adding the words “If ini their-judgment they can collect the same,” first that ••he had no way to know Boardman's financial standing and Secondly that he had no means of knowing the necessary proceedings.Jndge Haines then took up the third resolution introduced and asked why he had- placed in it the words concerning the violation of his path of office:by- Mr. .Boardman, with the attempt to show that there must have been some personal feeling dn the! matter.Did you say to any one, “You had better comp up to the meeting in Cromwell, tomorrow, to Arthur Boardman’s funeral”? “I cannot say that) I ever 'did.”'. ' •* | ‘Question: “Will yrou; swear! that you -didn’t expect to offer resolutions at that time? Answer: “I had no thought of resolutions at that time.”Question: ‘‘What- did ;you mean by speaking of funeral?” jAnswer: “I don’t know.”Question: “Well, What do you think -you meant?” Objected -to and sustained.Question: “Did you jt ell Boardman that you would support (him for selectman if he would build the road around the hill?” Answer: “I-never;did.” | ' -- [Re-direct examination. Question: “In-what way?” Answer: Bjy placing obstacles in the way of officers injdis-charging their duty and] making it nee essary to go to law, which I consider a .pretty expensive luxury. j !The next witness was Prank Pier son, who holds the position | of repre sentative in that towi. Mr. Pierson-■was on the stand at 3 o’clock. He stated that he approved the work of cutting the road as st-arteid by Selectman Butler. - Mr. Pierson ‘saiid that he ]-was present at the special] j town} meeting, and that in his judgment -there were not over forty or fifty! people present. This is considerably jlbwer j than; the two preceding witnesses, who both placed the-number at; 100. With the examination of this vtiitness| the ; defense rested its case. . jUpon the conclusion pf the evidence for the defense, -there iwas a short recess followed by the introduction! of a couple of unimportant witnesses. ; The case was then given over,-to the arguments of the attorneys.!' Attorney M. E. Culver gape -thereon-eluding argument for the pijosecution, and said: Many confusing] elementshave entered into the! trying of| this . case, caused by -the building of ajroad around Pasco hill by Selectman Butler and the discussion of hjis authoritjy for this action. It-is an action 'based on a 'resolution offered in ajpublip meeting. The resolution was submitted that the plaintiff should be condemned for interfering Wiit-h work already Under . way. Sullivan said- thalt Boardman did •.Interfere. The burden!of proof rests, then, with. 'Sullivan to! show -that the action of fhe selectman had- been authorized. So they offer [the vote passed ‘ several years ago, providing that the road be cut if it could he done] at a cost less than $750 anil at a grape of less th'an 7 1-2 per cent. When jSulli-van suggested it, Butler went to jwork the next day after he had qualified-for office, notwithstanding the fact: thatingHOME AND MONEY GONEMrs, McFee Tells How Fatljier John’s Medicine Saved- Her Life When the Doctors Gave Her Up.“Many , times I have wished I could stand on the housetop and tell the:world-what a blessing Father John’s Medicine has been to.my family.; All my life I’yc been factoring. I had systemic catarrh and four rears ago pneumonia made r wreck of me. Oh,-how: I suffered. . God above knows. I brought my family to want paying doctors’ bills. My bureau was full of medicine bottles. I have had six doctors, but my cough was killing me. Every . few weeks I had hemorrhages. My doctors gave, me up] and my friends looked for me to die. -Ifor my children’s sake I hoped and prayid to get well,neither of the other selectmen elected had qualified. Was there Anything in the vote of 1899 that said that Butler could go ahead and buy land?! Was there anything in-- that act that said th%t they were authorized to Construct the road around the hill?■Boardman knew, that'they Were do-an-unlajwful act. When they brought the injunction, did Judge Elmer say, that it was all/wrong? No. He said: “You cannot buillt;J roads .on old acts. Go home and; see if for qnce ypu can agree upon some course of action.” Mr* Boardman he praise'd for his action. It is about lime the people of Cromwell got their,-eyes open as -to who is making them: expense. These resolutions were inserted to cast blame and censure upon, the character of a man. Sullivan was wiiling to offer a resolution that' fell into his hands mysteriously. • Without consultation of any kind he goes and offers resolution after resolution defamatory to a- man’s character, which he has received from a stranger. It is the act of a man actuated by malice; who is actuated by anger -at the. man. who dares to stop work that he is doing at the town’s expense but for his own benefit.A man-who is. a law unto himself needs' an injunction brought against him. But when this* was brought against him personally, what does this self-sufficient gentleman do.but go down into the funds of the town to pay the expenses, claiming that* it is an act against the town, .Perhaps Boardman has not always acted in the most pleasing manner or spoken in the smoothest terms hut, gentlemen, I think that in stopping that work he was. acting.according to his oath. .. Attorney Danaher, of Meriden, then spoke for the defense. He said; that a case of this kind hardly warrants the expenditure of the time and money that has been placed upon it. From this point, the speaker followed the history of-the. building of the new road around Pasco hill from the time it was first projected down, to the.present He said that the st.eep road over the brow of the hill was dangerous and that there was constant danger of law suits there as-long as it was in that condition. On this ground he; justified the -quick action of his client in going to work as soon'as he had qualified for office, at the suggestion of Mr. Sullivan. Mr. Butler had taken the other selectmen to the place as soon as they qualified and showed them ' what was going on and asked them their opinion. Mr. [Boardman had simply asked the authority for the action and had been referred to the action of the town meeting of 1899. The speaker stated that the injunction had been brought .out of pure personal spke. Mr. Pierson, the other selectman, had given his unqualified approval of fhe work as soon as it was brought;to his attention.The cause of /the placing of the injunction was Boardman’s great find sudden desire to have his importance felt. “He knew more than anybody else,” my friend Culver says. I- say that he knew too much. His conduct makes me think of a wood-pecker who was at work at the top of a tall dead tree, ned ay there came along a heavy wind and blew the tree down, and from that, day until its -death the woodpecker thought that it had been the cause of the fall of the tree.Mr. Danaher then took up the-three resolutions in order' and discussed them, to show that the statements contained therein, were true to. the belief of the person who offered them, and that he had the vote of the town meeting held after the injunction hearing to substantiate that -belief.The court xhen adjourned until 10 o’clock Thursday morning.Court opened at 10 o’clock this morning. After the roll call,^ Judge Haines addressed the jury in argument for -the prosecution. This case is not a personal matter. It is not a case that can-be laughed out of court. It is a charge of proving recreant to a trust, imposed in the plaintiff by the voters of Cromwell. It is'not a charge in a letter orYiews-paper to be read today and passed tomorrow. If this charge had been made upon a granite shaft, it would have been less prominent than it is today. The deed cannot be undone. The, record can never be. wiped out. The only vindication is for'the plaintiff to appeal to you, gentlemen. Was the defendant right or was he wrong when he said that Arthur H. Boardman had violated his oath of office as third se lectman? That requires us to go into the building of the Pasco hill road. The speaker then took tip the interest .of Daniel Sullivan in the construction of. the-road, maintaining that it was •for his own interest that he wanted it built. This desire, was the.beginning of the whole trouble.-The attorney then attacked the statement by, the defense~ihat Butler had been the only- selectman qualified at the time. He said that the records .showed that Mr. Boardman had been qualified for some time before the work was commenced.. After dealing with the motives'that must have actuated the defendant in offering-the resolutions and saying that they were offered- -with basest malice and personal spite.Mr. Haines concluded by reviewing shortly the case from ■the beginning. „ , ■ _- G' Man HWhih New H and sni nervous down a floor, his han it awa; later a the sho one sid-“I sa pocket, wrappe ask voi The for a being s “May sleuth, know.” “Isn’l sp.” “You an old j The 3 his poc ter wit “Tha have—1 have' di it up -I didn’t f saleslalt; “I wi “It willPeop old-fasl our gra four fe stand t before fall is that of when ii inches this wi that tl the ne: '■ The far as particu part o closed becaus and stiOh. “Do last ni ces .me guests away ; leaving Yoi ble we perfect and so are ke to the \ “Wh from tl probah soon a their small i deal oi way olThe P JiAt tl of peo symptt the us meat-e cise, lt;spell “ It tl proper Mi-o-n; snres : ‘ens tl heals i •flammi It is t guarai hies.1If tl blood, filled rangin sickne ing up gabs c hies, : eral w If ylt; ces ai stoma using ley, t! you th Mi-o-n a box priceTh*Wha It is, suffer! gTief hloomiTipnrf-
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The Penny Press
Middletown, Connecticut, US
Thu, Feb 16, 1905
Page 8
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USA 08 Mar 2024
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