Morning journal and courier., 1884-11-25
Court <f COnnnlon Pleas-Tudge For
 rance.

rance.
 This court came in yesterday morning at 10 o'clock
 The case on trial was one growing out of the trial of Herbert H. Hayden for the mur- der of Mary L. Stannard in 1878. Lynde Harrison, yfpo acted as counsel for the State at the preliminary hearing before Justice H. B. Wilcox, of Madison, and who assisted in the prosecution of Rev. MT. Hayden with T. NJ. Waller, the States attorney, made set clement of accounts with the clerk of the Superior court as to the expenses and legal fees connected with the trial.
 The subpoena fees were paid to Lynde liar rison of this city soon ffte. the trial, and have been in his possession ever since. Mir. Harrison, it will be en1bered, was en- ployed by the grand jurors of the town of Madison at the time of the justice court there He did so- The trial resulted in MT. Hayden's being discharged. When the clergyman was rearrested and finally brought before the Superior court, MT. Harrison was employed as assistant to State Attorney Doolittle. For four years their existed grave doubts among the constables of the town of Madison as to who was entitled to the troub- lesome fees c. E. Scranton and Squire Wilcox both laid claim to them, and they brought suit in the common pleas for the court to determine to which the money should be paid. The case has dragged along ever since, and finally Mir. Scranton dropped out of it and the matter now lies between ESquire Wilcox and the State.
 1 \The money in question MT Harrison took l astsapent of the State'' to disburse among those to whom it was due. His understand ing 4sth the clerk of the court, who, by
 statute, is made the person to pay the costs
 of criminal trial, was that should any mon
 ey remainin his hands after paying those to
 whom it waadue, he should nold it sabiect
 to the order o;f th~ 96ate treasurer. He noSv J brings tarns suit to have Judge Torrance say ] whom he shall pay s23. 70 to.
 l After the decision upon demurrer filed some time ago, it Is claimed he had been notified of the claim for the cost of the sub 1 poenas. It is also claimed that MT. Harrison | thought that claims were made for the 1 money improperly.
 l In 1878 Scranton was asked to present his | claim to MT. Harrison, but did not, and Mr. 1 Harrison admits to holding still the $23 70 | in dispute. Recently H. B. Wilcox claims l that the amount was paid over to Scranton. 1 MT. Harrison is therefore ignorant of the re- | spective rights of Scranton and Wilcox Since 1 the service of the complaint on C. E. Scranton, | Mir. Harrison was informed that Scranton s claim had been assigned to Wilcox. In Au- | gust, 1883, when Scranton's claim was set l for hearing, 'sno ap." was entered on the l docket. So Scranton became out of the case
 and not defendant So the case has sim 1 mered down to the point that the State of 1 Connecticut and Wilcox must interplead. l Wilcox'now demurs because the costs were legally taxed in the Superior court and this | Court of Common Pleas can have no iurisdic- | tion. The accounts as collected by Harrison as disburser for the State were at the time examined by State Attorney Platt and al 1 lowed by the court and the taxation became | judgment of that court.