Morning journal and courier., 1885-06-05
Friday, June 5. 1885.
THE COURT RECORD.

The Supreme Court Of Errors.
 This court in yesterday morning at 10 o'clock.
 The arguments were concluded in the case of Henry Futile vs. Samuel H. Armstead. The plain tiff claimed defendant owed him $6O0 Defendant claimed the statute of limitations was bar to re- covery. Judge Torrance in the Common Pleas gave plaintiff judgment for $6666O
 The next case argued the reservation case Of John w Webster of Waterbury, trustee of the es- tate of Arad w. welton, who died at Cheshire in 1871, vs Oliver Welton ct al. This case was tried at the May term of the Superior court. The difficulties existing arise over the division or the trust fund left by Welton to his children and grandchildren. The estate was large ene To the four children of Noah B. Arad's son, the latter gave the of $5 900 each te be held in trust for them until they became of age. But an interesting complication subsequently arose, concerning which Webster concluded to ask the advice of the court. On the 18th day of December. 1872 and after the death of the testator, Noah B. Welton had a fifth child born, Maud A., minor and now living. This complication threw MT. Webster in doubt as to 6y the to he Between the four grandchildren indicated whether he ought other heirs The will prescribes that if any. of the grandchildren die before reaching ther aone sbe others still living To add to this plicaton the ward A. Welton, is the child of Noah the death of his father Judge Torrance heard the case in the Superior court The amount of the prin- Fsd " hers on the July It is about S10O,O00 At the request of all the parties Judge and consideration of the Supreme court. Luzon B Morris appears for Welton Webster & O'Neili The next case considered was the plaintiffs ap- peal of George Brown vs. town of Southbury Doc, little and Bennett for plaintiff and Wheeler and Mansfield for defendant. This is action in which the defendant seeks to S9oo f0s highway Judge Torrance in the January term or the Court of Common Pleas gave the plaintiff S1n-
 The reservation case of Thomas c. Perkins ct al. vs the city of New Haven followed next; Loomis last r O Perkins Co.received judgment against Dr O. Chesley in civil action for S4os tS and and of New Haven garnishee and debtor of said Ches- ley, but the said garnishee rsfused to pay. Where the plaintiffs claiming $1Oo damages The ground for bringing the city into the case lies in the polling place in the Tenth ward of Chesley. The city . of the em M no on city election purposes but for the State and nation f sn of f el am and e carried to the higher court for an opinion on the questions of law.
 The next case argued was that of James H Webb, administrator, Jeremiah Goodyear ct al. This is reservation case brought to this court for the purpose of deciding the proper construction to be put upon will made by the defendants wife, % hc hs % fS Sd Rf ns to to hsg @ a6an ton thereof if necessary for his support. At his death the property was to go to Addie G; Stewart, she to have the entire control and use during her
 fetime and at her decease to go to her son, James W. Stewart, he to have possession when twenty one various claims have been made by different per fon VaIidity and legal eect of certain of the pro visions, bequests and devises contained in the
 The case went to the Superior court, January term 1885, and reserved for the decision of this court Webb for plaintiffs; Doolittle, Bennett and
 Court adjourned until this morning at 10 o'clock. Court Of Common PIeas-Judge Stud-
 This court came in yesterday morning at 10 o'clock.
 The case on trial and which occupied the katten- ton of the court during the day, was that of N. W Merwin & Co.,, of this city, William Neville, of Naugatuck, an action to recover on horse trade. Mervin bought pair of horses of defendant, pay ing $475 on the guarantee that they were sound. He now claims one was lame and the other "crib ber." He sues to recover $500 damages and costs.
 Court adjourned until this morning at 10 o'clock. City Court Criminal Side - Judge
 Pickett.
 June 4-George E. Card. vagrancy, discharged Henry J. Cook, embezzlsment discharged; Thomas ment suspended; Theodore Terrell, nen-support ot wife and child, 60 days in jail or to give bond of $50 for support of child, $61S costs.
 Court Notes.
 Michael Tanning, through James l. hayes, ms at- torney has brought suit against the Morning News, claiming 5000 for an alleged ibelous article that appeared in that paper on the morning of May 30th The case is made returnable to the Septem- Der term of the Superior court.
 In the City court yesterday morning Judge Pick cit rendered his decision in the case of Henry Cook who was tried on Wednesday for the embez- clement of block and tackle from Larkins & Langley His honor said that he did not think there was sufficient evidence to make out the em- bezzlement case and so discharged the prisoner.
 James McDavitt, the man who shot at Policeman Tom Kennedy at Bridgeport last February when trying escape arrest for breaking into Dooittle & Phillips store, is almost through with the sen tence of four months which Judge Deming infiict- of June There fine of $125 also which McDavitt will be called upon to pay else remain in incar- ceration several months more. When he finally shakes the dust of the jail from of his feet he will again be taken into custody on a warrant issued by the Bridgeport authorities charging him with as saut with intent to kill Policeman Kennedy.
 The trial of Thomas F. Kennedy, the Mount Car
 mel stage driver for the theft of the piece of crepe that hung on the bellllnob of Philip Gesswens resi- dence on Kimberly avenue, while the remains of the latter's wife awaiting intorment. occurred in the City court yesterday forenoon. Kennedy was also charged with drunkenness and he pleaded guilty to both offences. He was fined $7 and costs for the theft and judgment was suspended in the drunk case