Morning journal and courier., 1886-05-29
THE COURT RECORD.
Superior Court--Civfl Side--J JudG

THE COURT RECORD. Superior Court--Civfl Side--Judge
 Park.
 This court came in yesterday morning at 10 o'clock
 The first to appear before the chief justice Hon. Augustus Brandegee of New London. He said to his honor that in the of Cottng against the New York and New England railroad there is a question involving the validity and right of the d rectors of the road to issue dividend preferred stock. An amicable case has been arranged and now move that the matter be referred to the next term of the Supreme court to be held in this city.
 S. E. Baldwin, the counsel on the other side. made objections, and the matter was so referred.
 Talcott H. Russell thea asked the court that James P. Pigott, attorney for E. L. Kimberly one tine West shore Land and Improvement company, be compelled to disclose the motion of his defense He said that some time ago he obtaiEed an order from the court ordering MT Pigott to disclose the nature of MT. Kimberly's defense and 0. K. Bush to disclose the defence of the West Shore Land lm- proVement company.
 Mr Bush answered that be had no defense, and think that MT Pigott ought now to disclose wheth- CT or not he has defence There is no defence, of course unless they dispute the titles Of the conpa-
 Mir. Pigott admitted that there could be no dis pute as to the title but said that the reason he know whether he had any not. He and his client examine eSa the improvement m compa1ys books, and he had order from the court ordering the com R Rot be found In closing M Pgott ntimaed that he thought the ejectment suit was brought as much for the beneft of the company as for the benefit of
 Justice Park said that he considered that MT. Rus sell was entitled to judgment, and gave it to him. MIR. HAMILToN's CASE. The case of Attorney Charles $. Hamilton who in February last was disbarred for one year from praetcing in Connecticut courts by order of Judge Andrews and whose case Judge Phelps ordered re- opened for the introduction of newydiscovered ev-
 ExJudge DsFoTest, of Bridgeport and Ex-Judge Sheldon, of this city, appeared for MT. Hamilton while State Attorney Doolittie represented the President watrous of the Consolidated road was ton of MT. Hamtons reputation, and remarked that he should feel bound to say that it good Watrous said that for eight years past he had substantially retired from Dracticing at the bar He had, he thought, been associated with Mr. Ham, ilton in the trial of cases.
 Detective Reilly was called. He was asked if he Lynch one of the principal witnesses against MT. Hamilton when the case was originally tried. He equal to that of mankind generally. Mir Hamll knew about Lotta Clark or Lotta Lynch. MT. Doo- little objected and the question was ruled out:
 %ass E. and bases aoEe8 testified that the reputation of c. Horace Lynch was very bad.
 Presi 'ent Bradley of the Yale National bank, and sometimes client of Mir. Hamilton ex-Judge Hol- lister Pho Bennstt & J. Sar ptn and dai pfes that Mir Hamilton,s reputation was very good, certain '- conversations ] ~ of William R. Hubbeii, bonCisman for Lynch in the case of Lynch Annie Irwin. It is out of ;his particular case in the Court of Common Pleas that the whole trouble concern ing MT Hamilton grew. MT. Hamilton appeared t m that ease and the County Bar G va b % m applied to the costs in the case had not been used bell had told her that ex Judge Par1ee directed Hubben to pay an additional claim of costs that he Pardee1 wanted to get something against Ham, ilton.''
 Mrs E. A Bushnell was called and confirmed much of the testimony given by Mrs. Beecher.
 At this point the plaintiff rested, reservng, how ever, the right to introduce the evidence of news pader reporter who had made affidavit concern ing certain statements of Lynch that might terribly lessen the importance of Lynchs testimony
 Mr Doolittle called Mr. Hubbell. He stated to the court that he had paid to Lynch twentylv dol ars that had been demanded of Lynch by Hamil- ton. Before doing so he consulted eX-Judge Par ice about the propriety of paying it, and the latter security for the loan to Lynch stem winding watch that he considered well worth the amount Lynch had borrowed from him. But he denied that ex7Judge Pardee had directed him to advance somsthiolt % aganst @ Hamilton He also denied Mrs Beecher's statement concerning conversations with this witness testimony the reporter had arrived to testify regarding the statements in his affidavit. He told the court in response to Judge DeForests inquiries that Lynch in interview with the wit ness stated that Hubbell had not lost anything by his tHuhbells) connection with the transaction be- tween Lynch and Hubbell
 At this point the court too until o'clock. reading the testimony taken in the case when it was tried before Judge Andrews and in the exam
 
 committee in reference to Lynch's statements be- fore them.
 The arguments were made late in the afternoon, the opening one being by State Attorney Doolttle, who briefly reviewed the case and the testimony
 Judge Sheldon made the opening argument for the defendant. and in the course of his remarks between MT Pardee and MT Hamilten The court may suspend for just cause, but is there anything to show any cause whatever in the testimony that has been brought out in this hearing? It for your honor to decide from all the evidence whether there is just to intIct this awful penalty up on the accused, and under which he has ceased to labor for four months. Had the penalty been five thousand dollars fine it would not nave been ) severe and cannot but believe that your honor will arrive at the conclusion that the defendant has been punished enough, a"d that you will find the judgment that should have been found in the beginning.
 being petition for trial, is without any foun- daton in fact. We here on the original pro by W. P. Hubbell. The charge is twofold; that Hamilton received money from Lynch for specific that Hubbell had been obliged to pay this money twice one execution. We say the evidence in a dog. The truth is Hubbell never had to pay cent bondsman. He simply bought watch and paid We ask that we shall not be convicted the un- supported evidence of a convicted frequenter of a house of ill-fame. If we are to be sworn down and out of profession then heaven help us all. We have brought in evidence to show that MT, Hanl tons character for honesty and integrity is above repToach. We have brought in men of standing in the community and they have not brought any evi deHce to prove to the contrary.
 MT. Doolitte in his opening remarks said: The committee who intelligent found for presenting charges An intelligent judge found evidence sufficient to suspend Hamilton from the bar He insisted the petition for trial the ground of newly discovered evidence and nothing else They say he has got a feud with buke from the court for the abuse of Prof. Town seEd. The on the other hearing was presented with much force and ability as it could be. I say when lawyer receives money for purpose ing else l say if Mir Hamilton took that money from Mr Hubbel to pay the costs and did not do it he dishonest, and nothing else
 Judge Park took the papers reserving his decis- ing
 A PROHIBITION CASE.
 Attorney James I. Hayes next appeared before his honor with petition of prohibition based the following facts: Some ten or twelve years ago Carrie A. Bailey of this city, then minor and soldier s orphan, received from the United States government pension which amounted from the date of her fathers death to the time the same granted to about one thousand dollars. This money time passed it over to Charles Hitchcock, of Southington. uncle of Miss Bailey. The latter has repeatedly tried to get an accounting from Mir Hitchcock, but failing to do so finally brought suit. Mir. Hitchcock then brought a petition for a conservator to be appointed over Miss Bailey and that petition is now pending before the Probate court in Southington. The petition presented to Judge Park sets orth that being resident of New Haven the Probate court in Southington had no jurisdiction in the appointment of a consarvator her affairs Judge Park issued the prohibition order and summons to the Probate judge of Southngton to appear before some judge of the Superior court in New Haven county to show cause why he should not be permanently restrained from proceeding in the case.
 The court adjourned without day.
 The R. l.. Spencer Company.
 To-day at 10 m., in Middletown, there