Morning journal and courier., 1881-09-28
The surts Against Edward Ma1ley

The SuIts Against Edward MaIley. Judge Sanford Orders . Bond Taken fin
 Reasonable Amount-EdvvardJ J. Car
 roll in Court.
 Soon as the Superior Court was opened yesterday morning Judge s. l.. Bronson stated to His Honor that he appeared as counsel for Edward Malley, who had been served with two attachment suits brought at the instance of Edward J. Carroll, acting as attorney for William Malley and others, in which the goods of Edward Malley had been attached for $6O, 900. The attorney charac- terized the suit as malicious, and asked that suitable bond be fixed and the attachment removed so that the keepers now at Mir. Nal ley's store may be removed.
 Colonel D. R. Wright, who appeared as associate counsel with Judge Bronson, then addressed the court. He went into an ex- tended explanation of the business relations and complications between the Malleys, which occupied considerable time, dating back good many years and ran on to the l present tune or when this attachment was | served. A receipt was produced duly signed l by Edward J. Carroll and William Malley re-
 
 | and dated September 9, 1881. Edward J. Carroll and William Malley now claim that | the settlement was not final. They claim ! that Edward J. Carroll should have been paid $75O and William Malley $500. Edward J. Carroll came down here from Windsor Locks Saturday night, and went to the law | firm of Case & Deming, who issued the | writs which were served on Edward Malley | with instructions to the sheriff not to accept l a receiptsman. Edward J. Carroll later at- ' tempted to make settlement with Edward Mallsy for $2, 800, through ex-Judge Blyden- | burgh, to whom he applied. The latter gen. l tleman would have nothing to do with the case unless he was properly armed with au- thority.
 Col. Wright continued by narrating the circumstances attending the proposed settle ] ment. An attachment of $1, 900 in each case l would be sufficient, as the plaintiffs had agreed to take $500 in each in settlement, or $1 ,OO0 altogether. No trespass had been committed in the Ansonia attachment, for ! Edward Malley had never got pin-cushion of the property. The legal title of all the | goods is in the hands of the trustee. William Malley was kept in jail as a civil debtor at I the suit of his son, Peter, 8 doctor-of Penn | sylvania. Edward, on the contrary, had been { 8 loving brother. When Dr. Peter Malley | died Edward stepped in to prevent Williams ] liberty, for he feared he would run away. Edward had obtained an allowance by com I n1issioners of Malley brothers estate and ! sought to recover from William, who was be. lieved to have $1O,OOO belonging to Peter
 He was kept in jail by Edward about thirty days. That was the length, depth and l breadth of the imprisonment. It could not l have been false, for the process was perfect l and had not been abused. And if it was he I has his remedy, for the suit is still in prog | ross. The bond of $5,OOO was reduced to l $4 ,OOO, and Judge Munson of Seymour, ,gave
 bail for him. The bondsman was not indem- nifed, however, until after he had got bail ! piece. Then William turned out a good bond
 and is still at large
 Henry c. Baldwin said he had only seen Carroll until few minutes ago. He was l told by Carroll that he was held without
 bonds and without opportunity to procure counsel. William Malley had not been noti- fled, nor had Judge Munson, his attorney, of to-day's hearing. If William Malley has not
 been notified, no decision should be now ren-
 dered Mir. Carroll has been attorney for
 the Malley brothers, but that may be re-
 voked at any time. He doubted if Carroll
 had the power to settle in court
 Colonel Wright replied. He said all the men were here in court and if this attach
 ment was continued it would be grievous ! IT !
 that it be taken to-day. The attorney for
 Carroll says that the endorsement on the no
 tice to Messrs. Case $ Deming is not correct.
 Yet we say that they have had due notice,
 and if they do not care to follow it up it is their fault. I understand that MT. Coogan,
 CarrolPs attorney, was in town all day yes l terday and did not approve of the proceed
 ings as adopted by Carroll, and that he also
 accepted service or notice of the pendency I of these proceedings, yet he does not respond
 to the call made upon him.
 Attorney Baldwin stated that he had just
 been informed by MT. Carroll that his regu- 1 lar attorney, MT. Coogan, was out to-day looking for bond for the release of his ] client.
 Judge Sanford said It seems to me in all I I have heard that the amount of damages cIalmed, winch IS only Tor trespass, IS excess
 sive. It is, therefore, clearly in the province 1 of the court to fix a bond, and I will, there 1 fore, name the amount in each of these cases at $5,OOO.
 1 Shortly after Francis Donnelly appeared
 in company with Judge Bronson, and was promptly accepted as bondsman by the court
 in the sum named. The bond was not drawn
 last evening. Judge Bronson let the matter go over until to-day, he having other engage \ ments demanding his attention.
 l The bond will be drawn this morning and I Mir. Malleys store will be promptly released While there has been no hindrance to MT. l Malley's extensive business, yet the suit and l the circumstances under which it was brought have been very annoying.