“Boisterous” gatherings on Bethesda Farm on Stolle Rd., Town of Elma, were described today as “a public nuisance.”
Mrs. Electa Wells, daughter of the Rev. and Mrs. Albert J. Albano, whom the Town of Elma seeks to restrain from conducting religious services and distributing holy water “with a curative value,” testified in Supreme Court:
“I have no objection to a quiet meeting and no objection to water, but I do object to noise and having a parking lot outside my door.”
Justice John S. Marsh is presiding at the trial of the Town of Elma’s action alleging that Mr. Albano, a non-denominational preacher, and his wife are violating the town building and zoning ordinances.
“Shouting and Singing”
Mrs. Wells, whose home at 1190 Stolle Rd. adjoins her parents’ farm, testified that there were meetings in the summer of 1958 with “as many as a couple of thousand” persons. She said many came in buses, which were parked along Stolle Rd.
Questioned about the noise that reached her home, she said in appearing as a town witness against her parents: “The windows and doors were shut and the TV was on but the noise from the outside would almost raise you off the couch.”
The noise was described as “shoutin gand singing—if you could call it such.”
An audience which filled the courtroom to overflowing Tuesday caused Justice Marsh to direct that all seats be reserved for witnesses.
35 Witnesses in Prospect
Robert E. Walsh, counsel for the town, said he expects to summon eight or ten. Wilbur P. Trammell, counsel for Mr. and Mrs. Albano, said he will summon about 25 to testify that the services are conducted in an orderly manner and that the water has a curative value.
Max Frey, Supreme Court clerk, who also is a commercial photographer, was summoned as a witness by Mr. Walsh. Mr. Frey testified he took photographs of a well on the premises and also of various signs on Mr. Albano’s property for the Town of Elma.
He testified that one sign read “God’s spring water,” and another “You are on holy ground, no smoking.”
“I Wasn’t Thirsty”
He testified that he did not hear any noise when he visited the premises and that several persons took water away with them when they left but none paid Mr. Albano any fee for the water. He added that the premises were clean and tidy.
“Did you drink any of the water?” Mr. Walsh asked the witness.
“I wasn’t thirsty,” Mr. Frey replied.
Ralph Simme, town building inspector, testified he issued a permit for a sign which read: “God’s spring water, come in and drink freely.”
Says Permit Limited
Mr. Simme also testified he issued a permit for a springhouse as a structure but not for any public use of it.
Supervisor Merle E. Reuther of the Town of Elma said in a supporting affidavit that, when the town sought an injunction restraining Mr. and Mrs. Albano in June from distributing the water, “there was an accumulation of cars, litter and trash upon the premises.”
Mr. Albano said in an answering affidavit that the premises were declared to be “land belonging to God and opened to all religious persons of all races, creeds and nationalities” since November 1956.
