Morning journal and courier., 1891-11-12
THE COURT RECORD.
Superior Court - Civil Side -Jud.
Thayer

SouEt OlSh sue - = uusc
Thayer.
The motion to quash the writ of mandamus in
the Guilford drawbridge case filed before At
torney Lynde Harrison was argued before Judge
Thayer in the superior court yesterday. Mr.
Harrison argued that nothing exists in the lease
of the Shore Line railroad to the Consolidated
road, to prove that the Consolidated is compelled
to maintain any drawbridge and if any party is
acting contrary to law, it must be the Shore Line
road, whose name is not mentioned in the pa
pers. Then the attorney for the Consolidated
expressed his willingness to drop the motion to
quash, and fight out the matter on the federal
court basis-that the is beyond the jurisdic-
tion of the superior court, that it is within the
province of federal jurisdiction and should be
tried there.
The attorneys agreed to amend their papers
and take a new tack in the superior court. If
unsuccessful they will return to the one argued
yesterday.
Court Common Pleas Decisions.
In the common pleas court the judge announced
his decision yesterday in the of Joseph H.
Fairchild against William B. CatHn The de-
cision was for the defendant. The case was a
suit for rent alleged to be due.
In the replevn suit of E. C. Bennett vs. Clifford
s. Phelps, the plaintiff is allowed to repevy and
Phelps, but claimed by Mr.. Rennett as his prop
erty.
Criminal Court of Appeals.
Robert Payne of Woodbridge, who was accused
Of selling cider without license to sell intoxi-
| eating drinks, was acquitted yesterday by the
| jury, who brought in verdict Of mot guilty"
| William Hill paid $50 and costs for an as. ault
on Mrs. Ida Roberts.
| Thomas McCahrey of Hamilton street settled
the case against him for resisting officers by the
payment Of $40.
| John Harripan n saloon keeDer at he corner
| of Wallace and Humphrey streets was charged
With d selng Liquor on SUNDAY This is one of
| jury.
| Wynkoop who testified that in the evening,
about $3.50 o'clack of August %, they visited Har-
| rigan's place and bought two bottles Of lager
Harrigan passed the liquor out of the back door.
| Attorney Hamilton crossexamined the wit
nesses very sharply, but did not shake their tes-
| timony except to bring out the fact that they
sorbed good deal Of beer into their systems.
| Probate Court-Judge Robertson.
The investigation in the insolvent case OF
Morris Ehrich was conducted by Attorney O.
| K. Bush on behalf of the trustee, Charles
Kleiner, yesterday in the probate court. 1t was
shown that on the 10th of September, 1891, Nor
| ris Ehrlich owned three stores, one of which
| was located in st. John street, another in State
street and the third in Waterbury: These stores
1
| a claim of $500 against Ehrlich.
| The investigation concerns the transfer Of the
| stores.
City Court Criminal Side Judge
| Pickett.
William P. Dudley, breach Of peace again 81
| William Cook, continued to November ID; sam e.
| drunkenness, continued to November ID; Edward
| N. Bowman, breach of peace nolled on payment
of costs; William Cisco, breach of peace against
James Freeman, 81 fine, S7.O6 costs.
| Court Notes.
| MRS. CASES CHILDREN.
The four children of A. D. Case, who for the
| past month has resided at 1341 State street, and
| formerly lived in< Hamden, were in the city
| court yesterday morning. On account of alleg
| ed cruelty the Humane society has endeavored
to have the children committed to the county
home. The trial of the case has brought out
Ss ersns se sr
P. Case, aged two years and four months, who
died last Friday. Soon after the death, applica
ton was made before O'Clock in the morning
for burial permit, which was refused, as DR.
Smith, who had sttended the child, thought that
aminer White About noon another application
was made for permit. The coroner and med
ical examiner then began an investigation and
decided that the child died from tubular menin
The child was buried on Sunday last.
| Mr.. Case appeared in court yesterday without
an attorney, but as Judge Pickett gave him hall
an hour to find one he returned with Attorney
Wolfe Mr.. Wolfe asked for continuance, but
a compromise was made whereby the witnesses s
for the Humane society were heard yesterday
| and the defense will be heard later.
Many of the large number of witnesses who
! were called testified that the children had re-
ceived cruel treatment from Mrs. Case, who is
their step mother One of the witnesses testified
that she had seen the mother drag the children
| by the ears and had seen one of the children
| knocked from the high steps to the sidewalk
Some of the stories told in court of the cruelty
are horrible to relate. Anothar witness testified
to the existence Of scabs on the boys head, the
result of blows. The witness stated that he had
seen the Scabs removed by a penknife.
The testimony went to show that Mr.. Case
who is not charged with cruelty, was not aware
of the treatment to which his children were sub
jected.
The three girls and one boy are Jennie, aged
eleven: Duey, aged nine; Elsie, aged seven, and
| Mabel, five years old.
The case is to be resumed to-day.
| PETITION TO FILE CLAIM.
DR.. Robert Crane appeared yesterday in the
probate court with a petition to file his claim
of 81, 900 against the Bunnell & Scranton estate
which claims he neglected to file at the proper
| time Juege Robertson assigned a hearing fol
| November IS.