Morning journal and courier., 1889-03-26
xE.a COURT lxECoIss
Court of Common PIeas-Civ1l Sid
 IndOa RaFnTnu

\ Judge Dem1ng. l Yesterday the trial of the case of Edward | O'Sullivan vs. Clinton Bennett continued :! developments occurred. O'SulIivan sues to
 recover horse and carriage. His counsel, Attorneys Hamilton and Callahan, claim
 that the sale is illegal and that their client is the victim of questionable transaction. ' MT. Bennett is clerk in the freight depart 1 ment at the new depot and lives in West Ha- ! ven. O'Sullivan lat one time chief statis- tician of the road and lives in Rhode Island, and is employed there. When the case was first heard last week ex-Judge Stoddard, counsel for Bennett, in disputing state. | ment made to Judge Deming by Mir. Hamil l ton, said that in his (Judge Stoddsrd's) opin- ion Mr. Hamilton was lying. There was l fre-up in the court room, the result of which was that Judge Deming ordered MT. Stod- | dard to withdraw the serious charge. He did | withdraw it, but reluctantly.
 ! Judge Stoddard, before tine witness began yesterday to testify, informed the court that l he had withdrawn from the case, and then 1 read the following:
 The defendant makes a motion to remove the
 trial of this case to another judge of this court fer 2 the following reasons:
 This was trial bsfore the court on Satur- to March 25 1889.
 That just prior to the adjournn nnent of the court on March 16 Mir. Hamilton, plaintiffs attorney, stated to the court in substance the following acquaintance of the defendant brother in Omaha, There was no evidence in the case tending to prove said statement. Said attorney not under ment made in argument before the ceurt S"iu Said statement was intended to and of necessity would prejudice the court against the defendant The defendant immediately. claimed said state ment was not true and asked the protection ot the court against the conduct of said attorney. The court listened to the aforesaid statement of ordered said statement to be withdrawn, and has not given the defendant any opportunity to contra journed court without acting in the matter.
 court for eight days and necessarily must have pro duced effect in the mind of the court unfavora Therefore he prays this court will not further proceed with this cause.
 Attorney for defendant. MT. Hamilton spiritedly argued against the motion. It was an anomaly in court proceedings. It would be injustice to bis client to start the anew. MT. Stoddard supported the motion and said that the language used by MT. Hamil- ton in charging that the defendants brother was friend of a woman alluded to in the case, was unbecoming, illegal and un- called for. ''And the attorney" continued MT. Stoddard, "was not even rebuked for it
 
 Mr. Hamilton replied, stigmatizing the motion as an insult to the court. The court had already ruled out the objectionable comment on the relation between the defen- dant and the woman in question. It was hardship also to his client to have the case gone through with again.
 Judge Deming said that the court had been placed in an unpleasant position by the remark of Judge Stoddard when he com- mented as he did. The rulings, however, Hn1 I4a- s.- c. zE ' r. H. The court was averse to delay in the case and hoped that his brother, Judge Stoddard would reconsider and withdraw from the case.
 Judge Stoddard replying, said he had been obliged by the II ding of the court to witn- draw that which he thought was the truth, and argued that the false statement, as he termed it of MT. Hamiltons, was jumped over, while he received rebuke.
 After Judge Deming had again requested the attorney to remain in the case, Judge Stoddard said he was firm in his purpose to withdraw. MT. Hamilton filed an answer to the motion, and about half an hour later Attorney Arvine took Judge Stoddards place and the hes ring of evidence in the case. The arguments were made in the afternoon and were still in progress at o'clock.
 Bound over.
 George E. Dubbs and Charles o. James were charg ed in the City court yesterday morning with the theft of gold watch and $30 in money from James E. Mcguire while he was intoxicated. James pleaded guilty and was boand over to the Superior court May term under $500 bonds. Dubbs was dis charged, ,there being mo evidence to hold him. On the part of James it was shown that he had traded the watch with Max Rosof, secondhand tailor on George street, for suit of clothes wo rth $10 and $4 in cash. James confessed to taking the watch. He said when they got to McGuire's house he saw the watch hanging out of his pocket and SoS Soek It. City Attorney Daley gave Max Ro- soH severe reprimand.
 For Stealing S71. koran, or Eioughran, was tried in sns sns ei'y court yesterday morning for stealing S'i in olils from Thor mas H. Coy oe, a brake man "no works on a road in tlte northern