Morning journal and courier., 1885-04-03
THE COURT RECORD.
Superior Court Civil Side - Judge
Beards1eY.

Superior Court Civil Side Judge
BeardsleY.
This court came in this morning at 10
o'clock.
The case on trial was that of Cremin VS..
Moiloy. 1t is an action to recover So, 900
damages for assault and battery and SANDER.
DR.. NJ. A. Cremin, the plaintiff, alleges that
the defendant Joseph Molloy, on December
10, 1888, when he went into Molloy's store
to collect bill for services performed on the
latter's wife, who died while under DR..
Cremins treatment during her confinement,
assaulted him after paying him $50 for his
services, and at that and other times SLAM
dered him.
Charles H. Hamilton appeared for DIR.
Cremin and T. E. Doolittle and James P.
Pigott appeared for Molloy. The suit
first brought in January, 1884, but demur-
rer to the complaint was sustained and new
suit brought in March, 1894. The trial at
| traeted large gathering to the court room.
The examination of DIR. Cremin had not pro-
ceeded far when an objection was made by
Attorney Doolittle to the admission of evil
dence sustaining the SANDER count. Mr..
Doolittle claimed that the evidence applying
to SANDER referred only to specific cases and
not the general ability of the doctor The
words were not actually per Sc, and were not
therefore admissible, Judge Beardsley over
ruled the objection.
DR.. Cremin was called to the stand and
told his story. He said in substance that he
attended Molloy's wife during her confne-
meni in November, 1888 When he went to
Molloy's store to get his pay Molloy paid and
then grossly insulted him. He then struck
him with the rough edge Of a meat cleayer
and pushed him out of the store, telling him
. at the same time that he (Cremin) killed his
wife. Continuing, the doctor said: 81 had a
practice previous to this affair of Sd, 800
about 81 900 year. My practice was large,
ly in the neighborhood that Molloy lived in
and consisted mainly of obstetrical cases.
The blows left bruises on my shoulder and
grease spots on my coat and l suffered con-
siderably from the shock"
Several other witnesses were called to tes-
tify to Mo1loy's utterances about DR..
Cremin. The doctor was examined further
about his income, and had his cash books in
the court room. He also was recalled to
testify that his income for 1882 81, 233
Joseph Molloy, the defendant, rehearsed
the circumstances attending his wife's
finement. He said the child was dead when
it was born and his wife died a few days af-
ter. He said DR.. Crenin cautioned him not
to say anything about the matter outside the
house. In regard to the assault on DR..
Cremin witness said: 'tWhen DIR. Cremin
came into my store in December there were
no words between us before the bill was re-
ceipted. 1 ordered him out. He said I
couldn't order him out. 1 took the cleaver
and held him with one hand by the collar
and hit him with the fiat of the cleaver; not
hard. 1 didn't intend to hurt him.
Several other witnesses testified. The
case was finished and the Judge reserved his
decision.
Court adjourned until next Tuesday morn
ing at 10 o'clock.
Court OF Common PIeas-Judge stud.
ley.
This court came in yesterday morning at
10 o'clock.
The oath of Office was administered to
Judge Studley by Judge York.
A bar meeting was held in the afternoon
when the court took an adjournment to next
Tuesday morning at 10 o'clock