Morning journal and courier., 1893-01-24
COURT RECORD.
Probate Court-Judge Robertson

COURT RECORD.
 Probate Court-Judge Robertson. The hearing of the estate of the late Ed ward Mitchell in this court yesterday morn ing was unusually interesting. Edward Mitchell, we'll known down town, died some time ago and left his entire estate, valued at $10,O00, to Patrick Higgins of Grand avenue and East street, who had been appointed his conservator. Notice was immediately served upon the execu- tors that the will would be contested by his relatives. Yesterday morning the hear ing came up in the court and Attorneys Tilton E. Doolittle and James B. Martin appeared for Higgins, and Senator Fox and William A. Wrighs for the contestants.
 The ground of the contest Is undue in- fuence and mental incapacity. Many wit nesses, including Rev. Father Kyle of St. Patrick's R. c church and Dr. Luby, were examined.
 There are fourteen cousins who object to the probatipg of the will as 1t now stande: James Coyneen, Mrs. Ellen Laden, Gather inc Coyneen, Thomas Coyneen, Julia Coy neen, Mrs. Mary Stanford. Mrs. May Will son, Daniel Coyneen, Mre. Bridget Lena. han, Mrs. Catharine O'Connell, Michael Coyneen, Margaret Coyneen and Annie Coyneen.
 Judge Robertson continued the oase un- til next week.
 City Court - Criminal Side Judge
 Pickett.
 Thomas F. Maher, embe zz!ement, $ fine, SIS 90 costs; Thomas M. Roche, John Emerson, breach of peace against Charles B. Thayer, judgment suspended Charles B. Thayer. breach of peace against John Emerson, 30 day s in jail, $7. SS costs; George De Yarmond, resisting officer. con- tinued to January 29; John H. Chase, breach of peace, $5 fne; same, drunken nsss, $5 fine, $706 costs; Cornelius Ohearn, breach of peace, n"lled on pay ment of costs; Thomas Ellis, breach of peace. $1O fine; same. drunkenness, $1 fine, $6 24 costs; Morris Mesler, allowing horse to run at large, discharged.
 Court Notes
 Application has been brought in the probate court for the removal of Sidney L. Hayden of Windsor az trustee of the fund left by the late Mary A. Townsend for the Come ctiout hospital for the insane at Middletown. The hearing was to have been held yester- day, but was indefinitely postponed. Itis probable that the case will be transferred to some other court.
 WILL CLAIM DAMAGES FOR FALLS.
 John Mooney of 149 Liberty street, through his attorney, James A Wood ,yes- terday served notice on City Clerk Martin that he will bring suit for damages agains! the city for damages for injuries sustained by falling on an icy sidewalk on Orange street, just above the railroad bridge, Jan. 1 uary g.
 John MoDonald, through his attorney c. H. Fowler, served notice on Town Agent Garrity and City Clerk Martin that he con: templated bringing suit for damages fol injuries sustained by fall on the ice las, Saturday. McDonsld was one Of tue hete rogeneous gathering which assembled in the slleyway south of the city hall last l Saturday waiting to obtain work on the | town. Near the stone steps he fell on the ice and broke his left arm st the wrist. 1 MAHER OUT ON BOND OF $1OO. l In the city court yesterday Thomas F Maher, who was tried for embezzlemen Thursday last, was found guilty of em bezziing $2, and received sentence of $t fine and costs, making a total of SIS 90. II default of this amount Maher was sent t. jail. but was subsequently, during thu afternoon released under bonds of $100 furnished by friends, and an appeal wa taken to the next term of the common pleas court.
 The case is a very peculiar one, az a re cital of the facts will show. A week az Saturday night Maher went into the Git, l market to make some purchases of Fl. L Andrew & Co. H. L. Andrew is the sol of F. s. Andrew and both do bushes side by side in the City market Mahe had worked for H. L. Andrew for eigh month up to last August.
 While he was in the market F. s. An drew called him into the off .e and accuse, him of embedding $5 or s6 Maher denied 1t and refused to pay up. F. s. Andrey is police commissioner. He called al officer and Msher was arrested. His hom Is in Meridsn, where he has wife and si: young children. He could not secur bonds, and staid in jail until Thursday when ths state was ready to hear the case l A number of witnesses and the books o the firm were produced in court, and oI examination of both witnesses and book ths alleged embszz!ements dwindled dow, to the sum of $2, which Mir Bacon o Clinton claimed there was some mis take about, and Andrews & Go claimed they had besn cheated out of b, Maher. On this solitary sum the stat | claimed 8 conviction, but Attorney Pigot asked for Maher's discharge, saying tha no embezzlement had been shown, that mistake might have been made, but ther was no one's word to take about 1t excep Mir. Bacon's and Mr. Maher, and on ought to be believed ss well as the other Attorney Pigott further said that durin, the eight months that Msher had worked for MT. Andrew he had collected betweel $1O,0 and $12, ,000 as Mr. Andrews book themselves showed, and as he had turned over all this money to Mr. Andrew the pre- | sumption was that he was honest and tha if there was only $s lacking it should b. put down as 8 mistake ratGer than an em b. bszzlament. But in addition to this Mr Pigott claimed that the state had pot clear ly shown that there was $2 lacking.
 Judge Pickett on full review of tn, case decided yesterday morning that tht case required some punishment, and pro nounced sentence $S fine and BIO 90 costi as stated above.