Morning journal and courier., 1889-06-19
CLERK1N ON TRIAL.

Tho Case Begun YesIerday-Various
 Witnesses TestifT-COntests Between
 the LaVEyers-Case Continued Until
 Saturday.
 The cases against John J. Clerkin, ex-cierk of the town agents office, and Mrs. Andrew J. Callahan, who are charged with swind- ling the town, came up in the City court for trial yesterday. Judge Pickett was on the bench. Ex-Judge w. B. Stoddard was the counsel for the defendants, while City At torney Daley was assisted by John W. filling. When Clerkin's case was called Judge Stoddard presented the following de- murrer:
 and complaint because it appears that every overt act alleged to have been done by this defendant was done in his capacity clerk of and employe of the board of seiectmen of said New Haven and not as agent t G sd tir6 % asven n @
 First, because it is not alleged what entries were
 Second, because 1t does not appear that such en- tries did or by A any possibility could iDjure wrong
 Third, that each of said counts is double in this that in each count there are charged several sepa rate transactions or causes.
 In this argument Judge Stoddard said that Mir. Clerkin was not an authorized agent of the town, because he was not elected by them. He said that Theron A. Todd was the agent, and he alone was responsible.
 Attorney filling in his argument, tried to show that the law did apply to the clerks of the board of selectmen.
 Judge Pickett did not support the demand to the first count, but did to the demurrers to the third, fifth, seventh, ninth and thir- teenth counts, on the ground that the accused should know on what pages those counts were recorded. Attorney filling said that that would be done, and dates given if de- airad The nurn hAra 0f fhA na00a xuaYa than recorded.
 The complaint was then read, which took up thirteen minutes.
 Clsrkin declined to plead, and His Honor ordered plea of not guilty, to be recorded.
 John Chapman was the first witness for the prosecution. He testified that he got Clerkin to give Mrs. Edmund Kahn an order on the town, but in January, 1889, he in- formed him that Mrs. Kahn had salaried position and would no longer need help from the town. In May witness went again to Clerkin to ask for aid for Mrs. Kahn, and her name was still on the books. Clerkin explained that he forgot to cross it off. Wit ness got another order for $12 from Clerkin. He was shown two orders that he had never before seen, and two of the orders on which some of the alleged Irregularities are based.
 Mrs. Kahn testified that she had never seen the two orders drawn for March and April.
 Mrs. Hannah J.Smith, colored, of ST Eaton street, said that she had received aid from the town, but that Attorney Alling handed her four orders that were issued when she was at Ocean Grove, being employed there She said she had never received any benefit from these orders, nor had she ever seen them before. They represented $16. She did all her business with Clerkin.
 Mrs. Elizabeth Chatfeld, colorel, an aims house inmate, testified that she had never re- ceived $2O as aid from the town, although the books as made out by Clerkin show it.
 The case was continued until Saturday morning. Mrs. Callahan was taken back to jail.