Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-02-01
COURT RECORD.
Superior Court Civil Side-Judge
Prentice,

Superior Court - Civil SIde-sudge
Prentice.
In this court yesterday the suit of Frank
| L. Thomas of West Haven against D. T.
WEIGH, also of West Haven, was on trial
| before jury. The plaintiff claims that
while in the employ of the defendant on
| November "a, 1891, he was struck on the
head by falling coal box and his right
arm broken and bad cut inflicted on his
head. He claims $4,000 damages The cut
| Thomas received il, CT course, entirely
heal-d up now, but there is a long, white
scar extending half way across the side of
| his head remaining. Attorney Hamilton
| appears for Thomas, while WEIGH is repre-
sented by Attorney Bush. The trial was
not finished yesterday and will be resumed
| this morning.
Probate Court-Judge Robertson.
Judge Robertson yesterday rendered his
decision in the contest over the will of the
late Mrs Elisabeth Delaney.
Mrs. Delaney died in November last.
On the 25th of the month she made will
leaving all her property, which amounted
to about $4,000, to her nephew, Michael
| Heffron.
Three days later while on her death bed
| she made another will in which abe gave
| half of her property to come relatives in
| Ireland and the remaining half to the chill
| drep of her deceased husband by hia first
| wife, naming William Montgomery as the
| executor. The last will was offered to
probate and the benefoiaries of the frat
will made on November 20. contested it
on the ground that the testatrix was in
capable of making will at the time she
drew her last instrument and in addition
that she had been uuduly Influenced in
making the provisions. In his decision,
which was q lengthy one, covering all the
points raised, the judge says the questions
| at iaaue were whether the instrument made
! on the 29th day of November was the
| last will made and whether Mrs. Delaney
was of sound and disposing mind. and
further whether she was influenced in its
| execution.
As to the first proposition he finds that
1t was her last will, as i. was not disputed.
Regarding the other questions he says: II
| find that she was of aound and disposing
mind and memory, and without undue in-
| huencs made and exsouted the instrument
| which Is hereby admitted to probate as her
last will and testament" In his discus
sion of the facts involved upon which he
based his finding, the judge was of the
opinion that the cause of the deceased
making second will was that she felt she
had not dealt Justly by her relatives In her
first will, inasmuoh as her husband had
helped to accumulate the property at her
disposal, and thinking better of it at hsr
last moment, decided of her own accord to
set matters right, as she believed, without
being influenced by any outside influence.
Whistler an appeal will be taken in the
case has not yet been determined.
City Court - Criminal Side - Judge
Pickett.
| Fishel Belof and Sophia Baroff, adul-
terry, continued to February 8; Melville F.
Norton and Emma McNamara, lAsci vious
carriage, continued to Februa1y /; James
NJ. Morrison, embezzlement, continued to
February i; Carrie Schmidt, theft, IS fine,
$706 costs; John Moran, defrauding res
taurant keeper, 81 fine, 81 O6 costs; Lewis
N. Schleioher, breach of peace against
George n. Ives, judgment suspended;
George q. Ives. breach of peace against
Lswis N. Sohleioher, nolled on payment
of 50 "a costs; Joseph Bsraker, peddling
without license, IS dne, 81 06 costs; Ga
briala Defslice, breach of peace, continued
to February 1.
THE BARoF TRIAL-oUT ON ONE THOUSAND
| DOLLAR BONDS.
The trial of Mrs. Barof and Count Belof
came up in the superior court yesterday
morning. The counsel in the case were
| undecided whether or not it was best to
proceed with the case. Assistant City At
torney Matthewman settled tbs matter by
asking for a continuance until Friday. He
did this in order that the state might have
more time to secure evidence.
The husband of the accused woman de-