Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-06-01
GgURT IL ECORD.
superior Court - Civil Side Jud
Wheeler.

Wheeler.
The attention of this court was yester-
day, and will be for several days to come,
with the quit of the Craft Refrig-
Grating Machine company against the Quip-
nipiac Brewing company. The plaintiff
sues for $l5, 900, and in the counter suit
the brewing company demands $40, 900.
The brewing company negotiated with the
refrigerating machine company for two
machines, each of which was to be capable
of cooling $50 barrels of beer and of main
tanning an average temperature of IS de-
grees. When the machines were put in
they did not meet the requirements of the
contract, 80 it is alleged, and the machine
company was ordersd to take them out
They then brought suit for $4,000 for
payment for the machines. The brewing
company alleges that 1t was obliged to ex-
pend $4,000 for ice, etc., in keeping their
beer cool, and that they were damaged to
the extent of $4,000 more in tho delay in
the various changes and in putting In ma
chimes to take the place of the Craft ma
chimes. Bristol, Stoddard & Bristol appear
for the plaintiff, and Case, Ely & Case and
Attorney Edmund Zacher are counsel for
the defense.
Judge Wheeler, the jury and all the
lawyers took carriages about II O'Clock
and visited the premises of the Quinnipiac
Brewing company. The casa will be re-
sumsa this morning.
Probate COurt-Judge Robertson.
Two will contests ara brewing in the
court. One Of these will bs over the will
of the late Mary Ann Forbes of Fair Ia
ven, which will be contested by Mrs. JAS
per Ames, niece of the deceased, on the
grounds Of undue influence. Mrs. Amea
had been living with the deceased for the
past>four years, taking care of her, and
had been promised that size would be re-
membered in the will, but was cut of
without cent. She has retained Attor-
ney George P. Ingersoll to contest the will.
q contest over the will of the late Laura
Thompson, formerly a resident of East
Haven. The contestants are Mrs. s.
Barnes and W. Fl. Thompson, a brothe,
of the deceased, both of this city. The
grounds on which the contest will be
| based Is that the testatrix was not cap
able of making will, and ss proof of thii
| assertion it is claimed that che has dis
posed of more property than she wal
| worth.
The will came up in the probate cour
yesterday morning and the hearing wai
| continued in view of the contest which
| two of tho relatives desired to make. 40
| cording to the terms of the will the tesla
trix disposed of her property to her othe,
relatives aside from Mrs. Barnes and vii.
liam 81. Thompson. The former was not
mentioned in the will, while the latter was
given the sum of $500. The amount dis
posed of is nearly $12, 900.
Miss Thompson was former resident OF
this city and is a native of East Haven.
She owned house In Fair Haven, some
land in East Haven, and common stocks,
| which are alone worth $1,000. Several
years ago Mics Thompson went to Pendle-
ton, Ore, to live, and later took trip tc
southern California, where she died. On
January II, 1888, she made will in which
she divided up her property among he1
brothers, sisters and nieces. She also
made one public bequest. 1t was the sum
of 81 900 to the trustees of the Society on
Donations and Requests for Church Pur.
poses Of the Protestant Episcopal Church
of the Diocese of Connecticut. She pro
vided that the income of that amount
should be devoted solely to Christ church,
| East Haven.
Miss Thompson failed to mention Mrs
Samuel 81. Barnes, wife of ex-Aldermar
Barnes, who was niece, and gave William
81. Thompson, nephew, only 500. Mr.
Thompson and Mrs Barnes will contest
the will on the ground that Miss Thomp
son was mentally incapable of making 6
will. To substantiate this they will try
| to prove that Mics Thompson stated thai
she did not think that she could make 6
will which would stand. They believe thai
Miss Thompson has exceeded her assets
in making her bsquests and will cite that
as an evidences of mental incapacity
County Commissioner Hiram Jacobs /.
named as executor of the will, and will en-
deavor to have the will sustained.
The instrument itself has had three tripl
across the continent. The FIRST one was
when it was sent from Oregon to Mr.
Jacobs. 1t was then sent back in orde,
that the witnesses to the will might be
sworn to and then it came back to New Ha
| ven. Mr.. Jacobs took the precaution t6
have the will copied and left in the pro
bate court before 1t was returned to Ore
gon. It was three weeks after it had beer
shipped for New Haven by express that il
reached the executor and 1t was only found
then when tracer had been put onto the
case.
City Court - Criminal Side Judx.
Gable.
| Agostino Giooro, cruelty to animals, dis
charged; same, fast driving, So fine, $11. A
costs; John L. Simpson, resisting police
officer and drunkenness, continued to june
/; Patrick Gleason, breach of peace agains
| Ellen Gleason, continued to June 1; Thomal
Mcdonnell, breach Of peace, IS fine, So 81
costs; same, breach of peace against Jamel
Sullivan, s. fine; Salvatore Arduso, breaol
of peace against Thomas Mcdonnell, dis
| charged; Charles Upton, breach of psac.
against Nary Upton, continued to June l
Barney Vim, William Lawler and John J
Farley, interfering with officer, s. fine
1854 costs; Pasquale Finite, assault OF
giuseppe Denimfo with intent to kill
bound over to superior court.
Court Notes.
Constable Charles r. Spisgel yesterday
attached property of Mary z. Alvord In g
suit to recover an alleged debt of 5000.
In the probate court yesterday Joseph
Goebel of Is Church street, who recently
made an assignment, was granted the sum