Morning journal and courier., 1890-06-21
TEE COURT RECORD.
Superior Court - Civil Side - Judge
 Robinson.

" oIKumoAto Aox eno cxocutOIb Ok tne i'll. Henry T. Blake and Rev. pr. Beardsley. [e asked for dismissal of the petition on 10 ground that the court had no juriadiction , the premises. He claimed that the pe- tioners were premature in their action. The rustees had ss yet no trust fund to aduinis- 'r. There could consequently bs no charge [ misappropriation or maladministrstio it. hscity of New Haven had not yet dea. itely decided to refuse to accept the trust. 'urther than that, he claimed that the pe- tioners had no standing in court. The tate's attorney appeared for one interested arty, yet the proceeding was one in which he state of Connecticut or its attorney had 70 rights. The interests of the state as . sedinR was an advsrss proceeding and the tate cannot inteyfere. If there were mal- administration of the trust fund, and the in. ercession of the court even prayed for, now trustees should be appointed. There were 10 such statement of facts here. Indeed the | trustees did not come into court and ask for | instruction. This court had no right to | ,oint others. Unless some consummated | lotion were taken and certain condition of | 'acts existed, he would submit that the peti. ,ioners had no standing in court. The action | was positive declination of the trust by l both boards of the court of common council l and the signature of the mayor. Those cons ditieus did not exist. Attorney John 0. Alling, for the petition CTS, said wrong and illegal act was threat- prevent it. He said the state attorney rep- resented the indigent poor. Under . su- prsms court decision he had the power to aot. The state attorney can always interfere In where trust funds are prejudiced. The books, he said, were full of such cases. He was acting as the attorney general in this case. The court of common council, he said, had no power to refuse the trust in question. The indigent poor can say that the court of The menbers of 1t were not elected for that purpose. The board of aldermen has said to those needy poor, "we will not give you this money. These other benefoiaries ought to have It." "But," say the poor, "Mr. Marstt told you to give 1t to us. "Yes, but MT. Marett didn't know what he was doing." Are we to subscribe to thatl asked MT. filling. Is the city of New Haven to be allowed to construe MT. Marett's will for common council to do Q wrong thing. He believed that if the city refused to accept that trust the court would appoint somebody else In its place.
 In the afternoon ex.Judge Stoddard sup- plemented his argument with a few closing remarks in which he presented the case of the executors as 1t has been repeatedly been given at the public hearings. Attorney AL ling also closed his argument. He main tained that the common council could not legally rejsot the fund, and that by so doing they would prevent the intent of Philip Marett and also deprive the poor of the city. whom thoy represent, of the inheritance left them by this generous donor.
 Henry T. Blake, one of the executors, closed the arguments. He stated that the intent of Philip Marett was to benefit the poor of the city. But rather than have his money made the prey of political rings and given to the care of the oity, he would sooner have 1t go to the other benefciaries men. tioned in the will. The proper authorities to whom the money Is to be paid are not definitely defined, and in case the city com mon council should accept the bsquest, the transference of the money could not legally be accomplished, and the oity would be in great danger of losing the entire amount.
 Judge Robinson reserved his decision.
 OTHER BUSINESS.
 Yesterday morning . divorce was granted to Rose Ahl from Henry Ahl of Waterbury for intsmperance and cruelty. This is the second time these people have been divorced from each other. Two and half years ago decree was given divorcing this couple, but a few months later they met again and were re-married. But soon again the courts were petitioned for relief.
 A divorce was also granted to Jane Dutton from Henry Dutton of Meriden.
 Cisy Court - Criminal side - Judge
 Th0mpson.
 Patrick Cashin, theft, 30 days in jail, $S. 70 costs; Charles Harty, breach of the peace, nolled; Luke Doyle, breach of the peace, con- tinued to June 23; Patrick Murphy, breach F. Cunningham, breach of the peace, nolled; Edward Stanford, breach of the peace against Peter Hammond. nolled; same, drunkenness. q fine, $9. .52 costs; same, re. sisting officer, $3 fine; Edward N. Shara, breach of the peace against Patrick Murphy, @ fine, $6.24 costs; Edward MoErron, breach of the peace, continued to June 21; Thomas HcErron, vsgrancy, judgment sus. pended.
 Court Notes.
 THE PROBATE COURT.
 The examination of Joel A. Spsrry and Joseph Porter regarding the estate of Luz cien W. Sperry was postponed by Jadge
 
 afternoon.
 BEFORE CoMNIssIoNER WRIGHT.
 A hearing was given by United States Commissioner Wright yesterday to Mrs. Will liam H. Thorp of 60 Union street, who was arrested: for refusing to answer the ques- tons of Census Enumerator Joachimson. The enumerator said that che positively re- fused to answer his questions or receive him. Mrs. Thorpe said that on the morn ing in question she was in the hallway of the second story of the house at which she occupied apartments, when . strange man appeared with book under his arm. She thought that he was an insurance man. He she told him Ito look at her there. i" She replied that if he had any busi- ness to transaot he would have to transact 1t there. The enumerator said that he could not write there and became insolent. He said that he would report my name to the United States government. She asked him then what his business was, and he replied that he was an enumerator. She told him that the government had better. send gentle- men to do such work
 Commissioner Wright found probable cause and bound Mrs. Thorpe ever to the dis. trict court, which will convene on the fourth Tuesday in August. A bond of $200 was given by Hugh Daley, her counsel.
 DIR. LINoUIsT ARRESTED.
 Another arrest for violating the census law was that of Dr. Maurice F. Linquist of 122 Olive street, yesterday morning. He re. fused to answer the question of the enumer- ator, MT. B. E. Elmstedt, as to whether his house was mortgaged, and wrote upon the census paper 1T decline to answer" He ap- peared before Commissioner Wright and gave bond of $200 for his appearance before the commissioner at o'clock Tuesday afternoon.
 State French soeletiss' Reunion.
 The first grand reunion of the St. Jean Baptists societies throughout the state will be at Savin Rock, June M.
 
 For she Chilarsn,s ward.
 The Busy Bees, consisting of four little misses, Bsssie Psndsrtop, Bessie Gallagher, Nazie Augur and Louise Todd, gave lawn party at 121 Dwight street, yesterday, from 10 .. m. to 9P. n. They superintended the sale of cake, ice cream, etc., the proceeds of which go toward defraying the expenses of . bed in the ohlldrsA's ward in the hospital. The girls will repeat the affair today, If pleasant. They have worked assiduously and with unweArying patience in getting up the articles for the affair. Many friends and | l~Av r~k~ AL>