Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02
rmR COUNT RECORp.
CITY Court Criminal Side Juds
n

City Court = Criminal Side - Judge
Thompson.
Forgery-Charles w Sherwood from F. E.
Brooks, bound over to the Superior court.
Carrying concealed weapons-SilasJ. Stowe,
decision reserved.
Breach of the peace-Bernard Gaffney, jr.,
continued to April 2; Thomas Degnan, So
fine.
Theft-Louis STANCE, 81 fine, 1924 costs.
8 Breach of the peace-John Curran, David
Fitzgerald, Patrick Clifford, 81 fine, $2.70
costs.
Court Notes.
Emma Carlson, aged twenty two, has
brought an $4,000 suit against DR.. W. Chip
man, Waterbury dentist, claiming that he
criminally assaulted her in his Office, where
she went to have teeth filled. DR.. Chipman
Gays the charge is wholly without foundation.
The girl is employed in R. P Balls silk fac
tory. WATERFOWL, is a Swede and a member
of the Baptist church.
An Attachment Granted.
An attachment for 1926 has been grant
ed against the Shelton Brass Hardware COM
pany, New York and Birmingham, in favor
of w. II. DeForest, jr., who endorsed the
company's paper. The company's statement
in July last showed assets $50, 900, liabilities
$50, 600
Stole Coal.
Louis STANCE, tramp, was fined 81 Satur-
day morning and sent to jail for stealing some
coal from Joseph Argell's blacksmith shop on
Commerce street.
Hamilton VS.. Ives.
In the Court of Common Pleas Saturday
the trial of the suit of Hamilton vs. Ives was
resumed before Judge Bradstreet of the Wa
terbury District court. The plaintiff is the
trustee of the estate of the insolvent firm of
AIling & Warner of Hamden and sues to re-
cover money alleged to have been improperly
advanced to the defendant.
Sherwood Bound Over.
Charles W. Sherwood, of Clintonville, was
bound over to the Superior court on Saturday
on the charge of forgery. Last week he went
| into T. E. Brooks hat store on Chapel street
and had fraudulent check for 500 cashed,
purchasing $40 worth of goods. This is the
first crime that the boy has ever been known
| to commit. Attorney Blydenburgh tried to get
| the case continued, as he said MIR. Brooks
would be paid the money back again. Judge
| Thompson said the only place to alter the
| complaint was with State Attorney Doolittle
| and City Attorney Daley. It is probable
| that Sherwood, who is only twenty years old
| will not be sent to State prison.
| The stowe Case-An Interesting Legal
Contest.
| Inc demurrer TO the complaint charging
| Silas J. Stowe, the spotter, with carrying
| concealed weapons was argued before Judge
Thompson in the City court yesterday morn
| ing. Mr.. Arvine opened for Stowe and
claimed that the city had no implied power
| to prosecute criminally for a breach of q
| by law. That the charter did not grant the
power in terms, and that even If the city had
| the power the bylaw prohibiting the carry
| ing concealed wespons had provided for no
criminal punishment. The offender was to
forfeit and pay sum rot less than five dol
lars nor more than fifty. This was forfeited
| to the city and became debt to the city II
| was civil liability. Mr.. Daley read Sec
tons of the charter abiding to breaches
| of the bylaws as criminal matters.
Judge Blydenburgh argued that the bylaw
| was unconstitutional as it contravened the
| clause in the constitution of the State which
provides that the right of the citizen to beal
| arms shall not be infringed. The bylaw did
/ not forbid the bearing of concealed weapons
for improper purposes, but for all purposes
| Last November Judge Torrance, holding The
| Superior court in Waterbury, decided that {
criminal prosecution for the breach of city
| bylaws could not be maintained. The CLAUSE
in the charter of Waterbury relating to tkt
power of the city in the matter reads thu
| same as that in the charter of New Haven
On March IA Judge Studley decided in tn
| criminal side of the Court of Common Plea
! that a criminal prosecution for a breach of
| bylaw of the city of New Haven would ne
| stand. This decision disposed of five appeal
1 from the City court. Judge Thompson con
| tiuued the case a week for decision.