Morning journal and courier., 1892-03-11
THE COURT RECORD.
Pleas Court-Criminal Side
 Iudee Demtn4.

Pleas sCOurt-Criminal Side-t
 Judge Deming.
 The case against O. Wilbur Fields of Branford, | charged with non support of his family was concluded yesterday, tho jury in the case re- turning verdict of guilty. The arguments in the case were made by Prosecuting Attorney Gum and Attorney Zacher for the state and At torney Pigott for the defense. The latter gave l notice of an appeal to the supreme court, and in | consequence no bond of support was fixed by the l court | charges against Albert Fehlberg Congress ave- | nue grocer, accused of violating the oleomarga- rine law. Attorney Kleiner claims in his brief as follows:
 The complaint Is entirely based on claimed violation of the second condition of section 2615 of the general statutes.
 It seems to have been the theory of the plead CT that simple omission by any and every per son to comply with the conditions Of said section, irrespective of any and all other circumstances, prescribed by section a619 AS to the correctness of this theory we shall advert later on this dis This complaint, we assert, is absolutely insufh- cient, both as to substance and form It neither state nor if the facts alleged constituted such onense and they are not properly sta'ed 80 as to
 The complaint is insuficient fer the following
 ..sectien se1s says any person knowingly vio, lating sections 2e15 and 616 shall be fined, etc., l We claim that there is no liability unless per son violates both of the sections referred to in said section ss19, which must appear from the | This statute was originally enacted in 1886, and in case of the violation of one or the other sec ton. The language was changed from the dis
 in e m 1889 the general assembly, to correct such mis- takes as had been made in revising the statutes: passed ian act correcting errors in the general statutes" Other errors were also corrected by l separate acts.
 l No change having been made in this section evidently this was not an error, but deliberate change in the law. No other case of exactly the are to be constrped strictly against an e offender @ | and literally in his favor. This can only be ac- complished by giving them @ literal construc-
 the of from the words of the act. In extension of the
 S
 be prevented or redressed, as against the offend
 The second point is that the law requires that
 Allegation Rhss Ss ddns sSsRs Keep 'Gs is
 Another point is that they allege that he did
 sign. Another is that there is no allegation that
 he knowingly committed crime. The defendant
 statute. The last point is that the law says that
 any man who sells or exposes for sale imitation
 butter without complying with the requirement.
 not alleged that he exposed for sale or sold any
 imitation butter, but merely kept it. Keeping
 date, when Prosecuting Attorney Gum will
 Kleiner is an important one and if it prevail.
 will nullify the effect of the .'oleo laws in
 gas at psesed ssse. Gn
 complaint drawn up by the city attorney.
 The case of Peter McHugh, charged with viola
 tion of the liquor law, was then taken up and re l suited in a verdict of acquittal
 Probate Court-Judge Robertson.
 In this court yesterday morning the Coleman , will contest was again taken up and evidence 1T support of the claim that the deceased was in
 capable of making will was given by David 0
 Sanford and John Dursten.
 Mrs. Coleman, wife of the deceased, wa!
 called by the contestants and examined 8 , length upon the drinking habits of Mir. Coleman 2 during the latter years of his life. She ad mitted that he drank considerably, but tha
 the last two months of his life he was not unde 8 the influence of liquor, although she had ad
 ministered it to hi n in small doses during hi 8 illness.
 t During the course of the examination of thi . witness quite a spirited breeze arose be
 tween Druggist Conway and At 8 torney Goodhart, the latter claiming tha : for some time he had noticed tha | Mir. Conway had been endeavoring to influence the witness (Mrs. Coleman) by telegraphic signs 1 Mir. Conway and Mrs Coleman both insisted tha 1 the charge was ungrounded and uncalied for
 ments, during which MT. Conway took occasion
 to say that MT. Goodhart was lying.
 8 "If you think I lie,'' warmly remarked MI 8 Goodhart, "I won't argue the question with yo1 here, but will settle it with you at some futur | time"
 : The contestants to the will rested at o'cloc r and evidence in support of the will was intro Q duced. Attorney William L. Green was the f1ra witness called. He drew the will of the desease and his evidence was mainly as to his acts and t @ the mental capacity of the deceased at that time a l He testified that so far as he was able to judg was perfectly capable of making g will and i
 devislpg or his property was exceptionally cleal n The case is still in progress.
 o THE LAFFINawELL WILL CASE. a The attorneys representing the next of kin ( V William Leffngwell, deceased, in the contes e l award appeared in the probate court yesterda d ! morning and asked that the case be feopened o
 the ground Of newly discovered evidence. Th
 newly discovered evidence is composed of dec n bia, which, in similar tried there, held ths
 the spoatiOn awards should go to the next kin and could not be distributed under the wi y of the original claimant. This evidence had onl were made. Judge Robertson reserved decisio upon the application until this morning at @ o'clock.
 h City Court - Criminal Side - Juds Id Pickett.
 George P. P.Wiley, theft from Charles Munson Go l' continued to March 12; same, theft from Charle t, Snipes vagrancy, ,nolled Dennis Hallissey breac
 of the peace against Jane Reilly, $10 fine, S7.s