Morning journal and courier., 1883-09-24
Court Notes.

On Saturday morning beforesJ Justice Tyler there was civil suit brought by the parents Of Grace Murdoch, ten year old child, who on August was knocked down and run over by one of Hemingway & Bradlsy's teams in front of Howes' pavilion at Savin Rock. The plaintiffs claim $1OO damages. The de- fense set up that the accident was unayoid- able. Many witnesses were examined and the trial was very spirited one. w. P Niles appeared for the defendants The case will be decided some day this week.
 In the suit of Charles L. Ullman vs Joseph schappa for professional services, judgment was given Saturday by Justice James I. Hayes for the plaintiff to recover S13. 20. The defendant did not put in an appearance.
 On Saturday morning Judge Studley rem dered decision in the case of John 0. Mackey, the prize package tea dealer, who was tried few days ago for violating the lottery laws. His Honor suspended judg- ment, but said that he did so, not because in nls opinion there had been no violation of law, but because there had been misunder- standing between Mir. Mackey and the prosecuting power as to his right to carry on the prize package business. will be recollected that Attorney he would not be arrested, but Mir. Daley, assistant city attorney, had prosecuted the defendant on complaints made by citizens, and without consultation with MT. Gable, his brother prosecutor. The court, it will be seen, decides that the offering of prizes to in- duce trade is an infringement of the law.
 In the City court Saturday Lawyer Whe- don stated that Edward Daley, the old man assaulted last month, as alleged, by Charles Cornell, Gregory Miller, James Cunningham, James Herman and John H. Higgins, was not well enough to come to court to testify. The trials vent over until October 4. All the V1eTF ma ks,kO 4,aka k-Sva la bond of Higgins was reduced to $I00. MT. Dailey's hip was broken at the time of the assault and he was nearly killed.
 A man giving his name as Thomas M. Simpson and his home New York, and Alice, the wife of William H. Webster, of this city, were brought from Branford Saturday forenoon by Deputy Sheriff Lindsley, and lodged in the New Haven jail, both being charged with adultery.
 As near as can be learned the particulars surrounding the arrest are as follows: Last Thursday Simpson applied for board at differ ent houses in Branford. He had with him hie EGnAR Wife "hg% aa nav he fonbd saId bosrd at the house of Albert Rogers. He said his wife was an invalid and he had come to Branford on account of her health. Friday evening Webster arrived in Branford and had some interviews with two or three of the people there. His business appeared to DC Kept pretty secret. At o'clock Saturday morning Webster called the grand juror of the town from bed to sign warrant for the arrest of the couple who were arrested at 4 o'clock at the house of Rogers They were taken at 5 o'clock before Justice Zink and bound over on charge of adultery to the October term of the Superior court. The bond in each case was fixed at $1OO.
 On Saturday forenoon in the Superior court room, before Edward I. Sanford as judge, came up the matter of the proposed shore road from Tyler's place in West Haven to Oyster river. The road had been voted to be built by the people of Orange, and the surveys and layout had been duly filed with the town clerk. A number of persons own ing cottages along the shore are at tempting to prevent the town from making the road. Messrs. ange, and T. E. Doolittle for some of the private persons in interest. O. R. Whedon also appeared as counsel in the case John W. filling, another attorney, said that the road ought to be made and this was as good time as any. The Selectmen of Orange were present, as was Lawyer Newton, as still another counsel in the case. John W. AL ling asked for postponement of the hearing until after the fourth Monday in October, when the owners would go before 8 town meeting and there would be no further trouble. After the other counsel had been heard Judge Sanford decided to postpone the hearing until after the October town meeting in Orange. He said he would be engaged at that time and would like to have some other judge called in for the hearing To this no objection WAS made and the proceedings for the present were closed