Morning journal and courier., 1884-06-04
The Court Record.

 10 o'clock, Chief Justice Park presiding. Prayer was offered by Rev. Dr. Harwood of Trinity church.
 Sheriff Gates opened court, it being his maiden effort in that direction. He per formed his duty faithfully and showed that he was well up in the sheriff's duties. The first case heard was that of Andrew P. Rotohkiss vs William E. Higgins. In his capacity as deputy sheriff. the latter attached lot of goods in the possession of John B. Northrop, of Branford. Hotchkiss claimed that $15O worth of these goods belonged to him and replevined them from the officer The trial of the case in the Court of Common Pleas resulted in a verdict for Hotchkiss, who appealed to the Supreme court on the ground that the lower court made erroneous rulings in regard to the admission of evidence.
 In the afternoon arguments were heard on the quo warranto suit by which Ezra B. Dib- ble seeks to establish his title to the office of assessor as against Elias P. Merriman Mir. Dibble received majority over his compet- itor. but MT. Merriman refuses to recognize his claim to the office on the ground that he was elected for three years and that his term of office has not yet expired The brief in which A. Heaton Robertson and Hot bart l. Rotchkiss present Mir. Dibble's claims is the longest and, in several peculiar features. the most remarkable of those which have come to the attention of the present term of the court. Their position in general is that the legislative enactment extending the term of office of assessors is unconstitutional because it conflicts with section of the constitution which requires selectmen and local police to be elected annually. As the legislative enact ment conflicts with this provis- ion it is unconstitutional and void, because. as the plaintiffs attor- neys say, assessors are police in the legal sense of the term. To establish this claim they review the history of Connecticut as regards local government from the time of it's first settlement The constitution framed in 1918 is also treated of exhaustivsly, and the original derivation of the word police from the Greek is given, to fortify the claim that when the word police was inserted in the State constitution, the word had not then the meaning which it &C., quired several years iater. There is also a very extensive citation of law authorities in support of the claims made. The document fills twenty good-sized pages and gives vast amount of law in it's preparation. The de- fendant in the brief, submitted by Hugh Daley, his attorney, does little more than deny that the office of assessor was not one
 to be legally voted for at the last election. Yesterday Mir. Dibble visited the assessors office and demanded to be admitted 8 mem- Der of the board. The demand was not en-
 tertained
 Among other cases disposed of was that of Charles l.. Mitchell vs Frank Witzman which was non suited.
 In the case of Emory B. Taylor ct als., ap-
 peal from probate, there will be a motion to postpone.
 The case of John B. Guthrie vs Alfred N Wheeler ob als administrators, is withdrawn. Court adjourned until this morning at 10 l o'clock.
 City COurt-Cr1mInal SIde-Judge Stud ley.
 June 3-James Murphy, escape from off | OCT, nolled on payment of $4 5e costs; Will liam J. Bowling, assault and battery, judg- ment suspended; Thomas Daley, pasturing | COWS on street, $5 fine, $6 39 casts; James | Brophy and David Sullivan, assault and
 battery, continued to June 4; Edward A. | Duff, breach of the peace against Mary Ma
 her, three months in jail, $6.18 costs, | appealed; Frank McGowan breach of the peace against Daniel Sullivan, to June :; Michael King, breach of the peace, $6. Is costs, three months in jail Patrick F. De- 1 laney, violating the liquor law, to June 7 |; Spencer D. Harris, attempt at rape, probable
 cause found and bound over to the Superior court, bonds $500; Spencer D. Harris at loLnps Io couAlG rape on 1llne N0gO8uer,
 nolled on payment of $11.41 costs, appealed. Court NOEes.
 The suit of Charles w. Crosby against General George H. Ford to recover SIC, 1000 for alleged islander was returned yesterday to the Superior court of Middlesex county. It will probably not be tried for several months yet.
 James Murphy, who walked out of the dock in the City cour. some weeks ago with out paying bis fine. WAS nharoad hafnre that