Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1890-04-04
-.r COURT nECoRD.
superior COurt-Oriminai Sf
Phelps.

Court-Criminal Sade-Suoso
Phelps. .a |
rh. c.se against Elijah Austin, . coiois
.,n,b for burglariously entering she n0u.e
- pr,r q Peck, 118 High street, on Inc
-. .n.n;ry bsfore Christmas, was noh Triier
oSy 49, 10 insneacient evidence. n,n,,no he.
.s,sd N nroye an alibi for MN, ar OMIT,
vent home from church with n'. IN inc
night in question.
..,.r,or Cours = OWL side - Judge
Robinson.
The decree was yesterday signed granting
Judge York's application for clearer in-
depreciation to the last will of the late Will
liam B. johnson Of North Haven, who died
In 1872. Mrs. Herbert p. Smith, step
daughter. would eventually come into poa-
sesston Of the entire eetate, amounting to
about 5000. Mrs. Smith applied for Q
termination of the trust and to be put into
sole ownership Of the property.
Court OF Common Plsas-Civil side-
Judge studley.
The case of Rev. Peter e. Mills against the
A. ". E. church In Sperry street for 5000
back salary was decided yesterday. The
plaintiff was given $11 damages and $11
costs. He claimed to have been paid $3.50
on his salary and the payment of $11 will
make the salary 5000.
Judge Studley also decided The case OF
Thomas j. Henehan against Elm City ooun-
oil, Knights of Columbus, awarding $75
damages. Henehan claimed he was entitled
to various sick benefits sggregating several
weeks, during which time he was disabled
by accident. The order, through Lawyer
Plunkett, made three points in defending
the suit, one of which was that Mr.. Hence
han had not exhausted all the powers of re-
dress within the order before bringing the
suit, which he promised TO do when no
Joined the order. The promise was "to
abide by the decision Of the board Of direot-
tween the council or the order and himself
on account of dues, assessments, sick bene-
6ts or endowments, and thereby waving the
right to bring suit against his council or the
order In any court of law or equity In this or
any other state or the United States"
Judge Studley regarded the contract be-
tween the member and the order on those
against the law. The point In question is
similar to that made In the recent
base ball suits, where the ball players
reserved by the National league clubs
jumped to the Brotherhood and were sued
In courts Of equity, and where the National
league clubs prayed for tnjunotions restrain.
ing the players from playing with the Broth
erhood. In all the base ball cases brought
the courts have ruled in favor of the Broth
erhood. The real decision of the courts was
that base ball law was of no validity when it
conflcted with the common or statute law.
Judge Studley's decision in the Knights of
Columbus case Is of about the same effect;
that Is. that the laws of the order are of no
effect where they conflict with the common
or statute law. 1t is understood that Elm
City council will appeal the case.
Judge Deming yesterday tried the cases of
Henry Boylan against Il. Boroughs Beach
and Joseph B. Beach of Birmingham. The
plaintiff sues for $500 for digging their cell
lars.
The case of Gerhard Pohlman against Herr
man Heubel was tried. Pohlman owns the
premises "a Ashmun street, in which the de-
fendant keeps q saloon. Pohlman claims
that at the request of Heubel he cut a door
In the rear wall of the saloon at cost of $15.
Heubel agreed to pay half of the expenses,
but had never complied.