Morning journal and courier., 1892-12-08
COURT RECORD.
Superior Court-Judge Hall.

Superior Court-Judge Hall.
Judge Hall in the superior court yester-
day granted the motion of Attorney Fowler
for the defendants in the suit of George P.
Carroll, trustee of the estate of William R
Hunt, sgainst E. h. Weaver, ct al, owner
of the schooner Sylvia Hall. The motion |
was to strike out the plaintiffs answer,
wherein it set up the claim that Weaver |
had no right to pay certain creditors of
Hunts, inasmuch as he had been gar
nisheed by other creditors. Attorney
Fowler, who appears for the defendants,
made the defense that the claim of Trustee
CAROLS for So, 900 had been paid, and Judge
HALLS ruling on the answer of the plain
tiff was clean victory for him. The case
will now be tried to settle whether the
claims of the plaintiff have been paid or
not.
Attorney Charles q. Fowler for Albert
@. and Emelie Scheimedeke yesterday filed
a remembrance against the decision of the
commissioner, in their case against the
New Haven Water company. Lands be-
longing to the plaintiff were condemned,
and they asked 81, 900 damages. The COM
missioner appointed by the superior court
awarded them $3.50.
In the remonstrance it Is claimed that it
is unconstitutional to Condemn the prop
erty of private individual for private
corporation,- and that the commissioners
were not proper persons, because being
residents of the towns of New Haven,
Orange and Woodbury., they were bene-
| fioiaries in the condemnation, and there
| fore incompetent to try the case fairly.
Court of Common PIeas-Civil Side
Judge Studley.
| A judgment by default was granted In the
| court of common pleas yesterday morning. It
was in the case of Nathan W. Merwin VS.. George
sum of &S06.25.
| Probate Court-Judge Robertson.
Judge Robertson has appointed Attorneys G..
| W. Robinson and ]. j. Buchanan and Patrick
Bree distributors of the estate of the late John
| Ratigan of Mt Carmel. The estate is valued at
| about 81, 900 and is to be divided among four
| heirs.
City Court - Criminal Side - Judge
| Pickett.
| William F. Levere, breach of peace, not guilty
Pred se
peace, noIled; Edward 8. swayne, gaming. 5;
| r.
intent to kill, 80 days in Jail, appealed; Mchae
Rosso, discharging firearms in city limits
DE- sHsf
$500 bonds: James Hyland, theft. Judgment sus
| pended; John Beale breach of peace agains
| Isaac Gyniek, continued to December 8; Johr
O'Neil, breach of peace against Mary O'Neil
6ezsement. centnued to Deeember u 5; Ja@ 9
MeCabe, theft from sap person, bound over to supe
Court Notes.
THE CASES OF THE RIoToUs YALE sTUDENTs-T H
CASES NoLLED.
! The cases of the students who were arreste
| for their riotous and disgraceful conduct on ga
t urday night at the New Haven opera house wer
J. all nolled in the city court yesterday morning
u recommendation of Judge Pickett. They wer
charged with breach Of the peace and usin
8 abusive language.
= | When Assistant City Attornew MatthewDa
i | began to read the complaints Judge Pickett il
IS terrupted him and said the students had bee
u guilty Of riot and that the police should have a
~ | rested more than four out of over fifty person
~ | He recommended that the cases be nolled, an
w said that by common law the disturbance Of ar
" | Interference with a theatrical performance by
| party OF persons constituted riot. He did n
6elie eve that four persons f5 should be singled o.
49, more persons and the affair at the opera hou
~ appeared to have been riot. He recommend
l
| ance be arrested.
h Assistant City Attorney Matthewman said tn
Hendricks and Leutilhon at 730 Saturday eve
ing used abusive language to an officer. TT
state also claimed that Wierhouser threw a tc
pedo on to the stage of the opera house.
;; Judge Pickett said that q riotous assembly b!
been carried on. He insisted on his recomme
of dation that the cases be nolled.
a nolle in his clients cas- There ere. Were e 9th
than c cell n that box he
continued "is Charged with a specific offent
,s- His name has been heralded abroad and l
- % reputation should be indicated. He don't wa
Il" nolle. have found out that he is not guilt
and say it on my honor a man"
ad Judge Pickett insisted that there had evident
~, three persons went to theater for the purpo
VI of making tnaudible the performances they we
riot, and il the police could not find more tn
four persons who participated in it they shot
iss Assistant City Attorney Matthewman enter
is. | a nolle in each case and the students and sp
tators filed out of the court room.
W. WHAT THE CITY ATTORNEY SAYS.
H. City Attorney Dow said last evening that
nd | would prose ute every one whose name he C
-. find and that the affair would be thoroughly
~ | vestigated.
of | 1t is stated that the city attorney has alrea
secured the names of forty freshmen who we
concerned in The disturbance and that he D
mo poses to continus his Investigations until he 1
~ oss secured the names of all who were concerned
VI it. He will then issue warrants for the arrest
be the eutirs number, charging them with havi
ho engaged in riot.
CASES.
All cases in the civil court of common pie
ne which have been pending one year, unless ca,
ce can be shown for their continuance, will
- stricken from the docket at p n Friday,
IL cember 16.
IL Westvtlle.
ed At the fair and festival of West Ro
n, lodge, No. 4S, A, o. wv, held in Maso,
hall, Westville, the season ticket preser