Morning journal and courier., 1884-06-05
The Court Record.

supreme Court of Errors
 This court with Chief Justice Park on the bench came in yesterday morning at 10 o'clock.
 The case of Emory B. Taylor ct als., appeal from probate, was the first case taken up in the Supreme Court of Errors yesterday morning. It is Waterbury case aud was originally tried at the May term of the Su- Osborn, of Thomaston, died in Waterbury and left her property to her husband, Ben- nett E. Osborn. This will was admitted to probate and approved, and thereu D on Em- ory B. Taylor, for his wife and Selina M Plumb, her sister, all of Plymouth and sis. ters of Mrs. Osborn, took an appeal from this decision, claiming that the decree ought to be reversed because the pretended will was made by her when she was not of sound mind, but suffered from want of mental capacity, and that her bus. band exercised an undue inA uence over her in the matter. They also put in that her mind had been injured by long and excessive use of chlorsl and other.drugs; her reason had become impaired; that the will is void, and that they were her heirs-at-law Bennett E. Osborn hes died since the legal battle was commenced, and Israel B. Wood ward is now administrator of her estate, and now moves that the above entitled cause and supposed appeaT' be swept from the docket of the court, as the appellants do not appear to be heirs-at-law of the testatrix. Probate Judge Gillette, of Waterbury, was counsel for the appellees. The appellants counsel then claimed that he, in describing the ap- pellants in the appeal, omitted the words ''heirs-At-law" from the record, and after that became counsel for the appellees. A writ of mandamus was asked of the Superior court to cause Judge Gillette to correct his record, which was granted, and Judge Gil- lette then appealed from this judgment and the appelle0s' appeal was argued to-day. The estate is a handsome, but not large one.
 The matter of Edward F. Cole vs. Charles E E. Cans was then taken up. Cole is 8 deputy judge of the District court of Water bury, and an assistant of Judge Bradstreet. The latter, acting as probate jndge, asked Judge Cole, who was before him as counsel for the Farmers and Mechanics association, l, to whom he delivered certain note. Judge Cole said: "I decline to tell on the ground that what took place between me and my client is privileged in character. '" Judge Bradstreetlheld him in contempt of this and ordered him to be sent to jail till he should answer the question. He was met in New Haven with writ of habeas corpus and taken before Judge Andrews in the Superior court, who decided to hold the case for de- cision on the law points before the present term.
 The following case was the defendants ap- peal in the case of $. E. Merwin X Son vs. James D. Dewell and John A. Richardson, 8 New Haven case.
 Court Of COlnmOn PIeas-Jadgs Tor rance.
 This court came in yesterday morning at 10 o'clock
 The case on trial was that of John Maher vs. Ernst Rasche. It is an action to recover three months rent. MT. Rasche sold out his business to 8 man who did not pay the rent
 and 80 the landlord took these proceedings to | get his money. For plaintiff, Bollman; for
 defendant, Zacher
 City COurt-CriminaI s1de-Judee Stud- ley.
 June 4-Halmar Dohlback. breach of the
 peace, judgment suspended; same, drunk, $5 fine, SC 6S costs; James Brophy, breach
 of the peace, nolled; David Sullivan and | Frank McGoWan, same, continued to Junf | II; Michael O'DonnelI, breach of the peace against Robert Shaw, 30 days in jail, $6 1s costs; same, drunk, $lO fine, $5 & costs; Patrick Condon, breach of the peace against Thomas Rand, $7 fine, $6 1S I costs; same. drunk, judgment suspended | Thomas Rand, breach of the peace. judg. ment suspended; James Connors, breach oi the peace against Bridget Connors, 20 dayl in iail, $5 39 costs; John MoakIey, breacr of the peace, nolIed; Martin Gallon. theft continued to June g. Oarlina and FIomenC
 Yuckino, breach of the peace, judgment sus' ! pended,