Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-01-06
COURT RECORD.
Superior Court-Civil Sfde-Judgs
Hall.

COURT RECORD.
Superior Court-Civil side-Judge
Hall. |
The case of Giacomo Rossi was con-
sidered yesterday morning by the grand
jury impanelled to hear the case. Rossi
is the Italian lad charged with stabbing
and killing Thomas Cochrane on Wallace
street on the afternoon of July 8. Judge
Hall carefully instructed the jury as to
what constituted the various degrees of
murder. The jury then retired and heard
the testimony of several witnesses of the
state. Rossi, the accused man, was allowed
in the room with them with an interpreter,
but as is customary no counsel was allowed
In the room. The jury after mature con-
sideration yesterday found true bill
against Rossi of murder in the second
degree.
Attorney Phillips of Boston, counsel for
Rossi, was in town yesterday looking after
his clients interests. He secured the con-
tinuance of the case until the April term
of the superior court.
After the dismissal of the grand jury
Judge Hall recalled the petit jury, who
were sent out at the opening of the court
to-day to reach a verdict in the case of
George Schenok, who was tried Wednes-
day on the charge of embezzling trunk
from E. A. Brooks. which was given him
to deliver to the Union depot. No decis-
ion could be reached, therefore they were
dismissed from the case. Schenck still re-
mains in custody and will probably be
tried next term.
Edward Skinner, colored, charged with
mayhem, in biting off the ear of John
Cornell of James street, on the 28th of
December last was the next case. The
arguments were made and the charge was
delivered by Judge Hall. When these had
been finished 1t was 4:45 o'clock, 80 the
jury did not consider the case, but will
take it up the first thing at 10 o'clock this
morning.
Henry Ellerson. colored, formerly en-
ployed at the Yale commons, pleaded
guilty to stealing $135 bicycle from the
property of DR.. w. G.. Anderson, the in
| in the state prison.
Probate Court-Judge Robertson.
The Margaret Delaney will case was
partially tried again yesterday, and then
continued until Monday morning. The
deceased left two wills drawn within three
days of each other, and the contest is over
the validity of the last will drawn. In the
fret will she left all her property to a
| nephew and named him as executor. In the
| second, she remembered some other rela-
| tives as we'll as her nephew, and named
| w. Montgomery as executor. There was
| large number of witnesses sworn yester-
day, and the principal evidence introduced
was in regard to the condition of thu de-
ceased at the times he had each of the wills
made. The principal evidence WAS by
church, who said that he was the first one
to suggest making a will to her when he
visited her three days before she died
He saw her two days after and asked hel
If she had made her will. She answered
that she did not remember, and appeared
to be in semi conscious state. From the
conversation of the attendants he Judged
that she had made it three days before
when she was perfectly capable of attend
ing to it, but that the day he saw her last
the day the second will was drawn, he be
lieved that she was unaware of any thing
that was going on about her, and would
only speak when spoken to. This evidence
was introduced by the nephew, who wishe
to prove that when the second will wa
drawn she was incompetent to make sucl
an instrument and that therefore the frs
should be admitted to probate.
, ii. Q. Bates was yesterday appointed
trustee on the insolvent estate of james
, Boozang, the College street grocer, VIII
, made an assignment week ago. T. E
McEverney and L. G. Cannon were ar
pointed appraisers. The liabilities ar
! placed at $1,000 and the assets at abou
$4O0.
3 City Court - Criminal Side - Judg
Pickett.
William Haywood, obtaining money ur
der false pretenses, continued to Jsnusr
. 10; James O'Brien, kindling bonfire,
3 fine, So 40 costs; James Murphy, stealth
!; poultry in night season, nolled.
o Court Notes.
: An attachment was filed in the tow
+ clerks Office yesterday forenoon in SD
y. brought by James NJ. Brown, the nj
9 ohinist of 1888 Orchard street, again
James Boyle to recover damsges of $1,5
for breach of contract. The attschmer
was for 81, $780, Boyle and Brown entere
y into An agreement over the purchase of
certain piece of real estate and after it hs
y been partially fulfilled the defendal
failed to complete the agreement and tt
/ suit is the result.
o The report of Edmund Zacher, who hi
i been hearing the suit of Frederick A. Bet
= Vs. John D. Mallory, George D. Mallory an
: w. L Mallory as committee, was filed
f the court of common pleas yesterday. tt
f suit was for a feed bill running from 1876
q to January, 1892, against the Mallorys, WI
are bakers.
The report finds judgment of $149 s.
j. with interest, in favor of the plaintiff
g against John D. Mallory, but not as again
4 George D. Mallory or William L. Mallor.
Judge Thayer sent down two decision
yesterday. He awarded Patrick McNicho
g $1,000 damages against the New Have
d Rolling Mill company. McNichols We
n injured by falling door on August
= while employed in the Defendants mil
, Since that time he has been disabled E
o claimed $4,000 through Attorney j.
q Tuttls.
The Judge granted judgment for the d
PENDANT in the suit of S. & D. Chapman "
: B. N. Rowe & Son. This action VIZ
:. brought to restrain the defendants frol
!. | removing some DuCys uaeu TO marx IL
\ boundary lines of some oyster lands. The
Q claimed 5000 damages on account of tt
removal of some of the buoys. In b
memorandum Judge Thayer stated that tt
plaintiff had failed to establish their line
? and therefore he granted Judgment for tt
!; defendant.
Albert J. Kane, the Greenwich mail THE
will have hearing before United State
Commissioner Wright in this city ne1
4 Monday. He is in the county Jail here
Q default of 81 900 bail.
DR.. Holmes Improving.
WATERBURY,, Jan. 5.-Dr. Walter Han
: lin Holmes, nephew of Hannibal HamliI
? who, while suffering temporary aber'
L ton from overwork and loss of sleep, fe
J.: or threw himself from his Office windo'
twenty feet to the ground last night,
resting quietly this afternoon and h
;, physicians expect to see bin about in
: | week
Will Use Dynamite.
Superintendent Ostrsnder of the Conso
= idated road yesterday obtained permissio