Morning journal and courier., 1882-07-08
cJournal a1tn Courier.
Saturday Morning, July s. 1882.
The Court Record.
Superior Court-Criminal Side-.Judge
 

Superior Court-Criminal Side-Judge
 Andrews.
 This court came in yesterday morning at | 10 o'clock, when the rape case of the State vs, Clune was proceeded with. Mrs. Annie Garvey, of Summer street, who in February last lived at 18O Hamilton street. was called as the State's last witness to testify that she was the mother of the little girl who ysster- day told of young Clune the night of February putting his hand over her mouth and pulling her hair as she attempted to run into Rowley's saloon. Mrs. Garvey said her 1 daughter told her the story the night l of the occurrence. With this the State rest l ed Attorney John C. Gallagher, of this city, | was the first witness called for the defence | | He testified that he had taken notes of lec- | lures, speeches, etc., for the public press for l six years past and that he took notes for the defence in the present case in the lower | court. There, the witness testified, Mrs. 1 Winson said her assailant smelled of whiskey, instead of beer as she testified in the pres ent case. Mir. Gallagher further said that neither Mir. Winson nor anyone else in the other court said word about there being drunken Englishman in the snow on Nash street the night of the alleged assault nor of his losing hat. Tho witness Wardell was contradicted with respect to the hour he tes 1 house, it being there given at after 9 o'clock instead of before as in the present trial Mir. Gallagher said, too, that Brill in the lower court testified that it was before that night of February that he heard the scream ing on Nash street, instead of just 9.
 Mrs. Margaret Broschells, of the corner of Hamilton and St. John streets, testified that on the evening of February last she saw I Thomas Clune in her saloon between and and again about twenty minutes to 7. The last time she heard Clune ask Mr. Flagg, a l Clock shop contractor, for work, and then ! heard the young man ask the others to drink. l Both drank lager. Clune at the time was | under the influence of drink. He left ten minutes before and went up Hamilton street l towards home.
 Thomas Doyle saloon keeper on February last at the corner of Hamilton and Grand streets, testified that his saloon was between
 Mrs. Broschelle's saloon and Clune's house.
 and that the latter was in his saloon the night of the alleged assault upon Mrs. Win
 son at twenty to thirty minutes past T. In
 the place at the time three young men,
 one named shannon and another Keenan,
 now said to be playing ball with the Alle- gheny base ball club. The name of the
 third the witness did not know CIune ! stayed about five minutes in Doyle's saloon.
 de appeared as if he had been drinking He < got blackboard Ca policy tally board) which ! he carried off with him.
 Edward Shannon. of 26S Wallace street
 testified that he was in Doyles saloon the
 night Clune there and got the black
 board. He knew Clune we'll. He came into 1 Doylo's about 7:3O o'clock and left few
 minutes later. Immediately after the
 witness and the friends with hin
 went out and they Clune who acted a.
 if drunk, fall in the They watched hin
 get up and go towards Rowley's saloon, stil
 carrying the board, where he staggered
 against little girl It was John Higgin
 who was with Keenan and the witness in tn,
 Doyles' saloon when Cluno came in. Tn
 witness saw Clune pass Rowley's and ente
 Naughton's saloon near by.
 Here Prosecuting Attorney Pickett cause, the withdrawal from the room of all tn other witnesses for the defense but Mrs Clune and her daughter, that they might no l hear each other testify.
 Michael Naughtun saloon keeper of IF ! Hamilton street, testified that his place wa near where Clune lived. The night of tn big storm of February Clune was in the sa loon, there being present at the time Morga l Meany, John Saunders, Mir Sullivan an ! others. When Clune came into the place was pretty near 8 o'clock, and as he oper | ed the door he fell on his face on tn saloon floor He was carrying board Saunders helped him up. Clune aske for drink, but the witness refused it. say ing that the young man was too drum E. already and ought to go home and stay i seemed affected by the heat of the sa1oo |J and fell again. Finally Clune concluded t ' Saunders agreed to go with him, and the tw
 went out together. Shortly after Saunde1
 came back and said he had left Clune in th
 house. He did not live more than POO yard away and Saunders returned in five or si
 minutes. While Clune was in the saloon th
 clock struck 8. At g. despite the storm, th
 witness heard the City Hall clock strike an
 he then noticed that his saloon clock was te
 minutes fast. Next morning Naughton req
 of the arrest of Clune and he then spoke to
 friend about C1une being so drunk the nigl
 before that it would be wonder how |
 could get to Nash street where Mr.
 Winson was assaulted by o'clock.
 ! Morgan Meaney, aged twenty-three, test
 | fled substantially in corroboration of Naugl
 ton.
 Previous to the resumption of the trial
 in the afternoon Thomas Robinson,
 Hamden, charged with assaulting Henry Ro] os inson on July ?, and Frederick Daley charge llo with assaulting and resisting Chief of Polit SID Bolles of Meriden on April 1, were put IS IS plead. Both pleaded not guilty and Lawy, ss Asher, of this city, was assigned as counse Cy, The two men will be tried next week.
 In the rape case Signal Officer Sherman ,n. ! of this city, was then called by the defen to testify that on the afternoon and eveni1 of the day of the alleged rape the wind ble from the northeast with maximum veloci ,as 1 of twenty five miles an hour. The snow ia va, to o'clock on the morning of the 9th W oi six inches Snow fell continuously from t F,os os Il that night.
 eis John Saunders, now of New York city ,tes fer fled that in February last he lived in Nc
 Haven, at 193 Hamilton street, and was
 [ Naughton's saloon the Saturday ng Thomas Clune was in there with blac
 board The witness then went on to tell
 Clune being in the saloon very drunk, SUI or- stantially as Naughton and Meaney h
 told in the forenoon, and of followil @eA Clune to him safely home. Seve, du- times the young man fell before he final ,o got into his own house. The witness se 'o' the door close behind him, after which ears returned to Naughton's. It was then abo rom twenty minutes after s. During the crot gent gent examination it transpired that on that d .end the witness and Clune had been togeth >, from to , in the afternoon. Several sho n; witnesses followed on minor points, aft i all which Mrs. Clune, the prisoners mother, a
 her daughter both testified that the accus .ure, was at home and in bed at the time it is at. legged Mrs. Winson raped. The cro
 examination did not materially weaken t. m. force of any of the alibi testimony
 G1ed i'ed At o'clock court adjourned until Tuesd done morning at 10 o'clock
 aiot- Court Notes.
 ,oH' The decision of an important trade-ma syr- suit was announced Thursday in favor of t N. .e' Collins company of Hartford, manufacture Tn. of edge tools and agricultural implemen bied This company recently learned that the ( " yer Ames & Sons corporation of North Ea m. on, Mass, manufacturers of shovels, sfore been for years making one grade of shov with with the brand Collins & Co.," and selli
 large quantities for export only. The Coli Blood company then applied for injunction,
 damages and for an accounting. The An company held that having used it so long
 trade mark ''Collins & Co. :" belonged to tn
 and accordingly refused to cease using 1o, Judge Blatchford grants perpetual inju ,sg,' S1. tion against the Ames company and orders the accounting and decrees for damages and cos + +sl the thus confirming the right of corporation other 'iio 5oie ose oI ies o"n traue-mark. he. Mr. 6 w p.r,[ar1 ha.r 1df. naven' Ven Val, r,: