Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-03-08
COURT h ECORD.

Sunday school. I have two brothers and three
sisters My village is Jamg1r. My eldest brother
is a farmer. love my friends Yours
Pooh JABA S1TARAM.
COURT r. RECORD.
United States Supreme Court.
The following decisions in New Haven
cases have been handed down by the su-
prems court at Hartford:
Theodore L Smith vs.. John King. No error.
Asa L. chamberlain and another vs. willett
Hemingway and others. No error Reasons by
Charles Gerrish VS.. New Haven Ice company.
Nc Reasons G 6y An nd Ss
ror. Reasons by Carpenter, J.
Henry Fritts VS. New York and New England
Railroad company. Error on plaintiffs appeal
No error on defendants appeal. Reasons by
Fem, j.
United States Court Judge Town
send.
The suit of Ambrose Van Esten of Jer-
sey City against the town of Westport &C.
cupied the attention of this court yester-
day. Damages are asked for injuries to
the barge W. G. Squires. The boat was
going up the Westport river and owing to
the failure of the drawbridge keeper the
draw was not opened, and in consequence
of q delay an ebb tide Get in, which al
lowed the boat to ground. The amount of
damages asked is $500 and for pay for the
use of the boat for fourteen days at $25 a
day while the owners were getting off the
ground of the river.
City Court Criminal Side Judge
Pickett.
Charles L. Kepley, theft from person,
bound over to the superior court under
5000 bonds; Thomas McCahery, breach of
the peace against Katie Radon, So fue and
costs; Douglass Ferguson, reform school
complaint, discharged; John Jackson and
Patrick McGsrten, begging, Is days in
Jail each, Sc "a costs; Thomas Burns,
| violation of Sunday liquor law, con-
| tinued to March 9: Walter Bald win,
| breach of peace, S. fine, SO Sc costs; Mich
AL Roach, breach of the peace, continued
to March "A; Frank Barton, non support
| of wife and children, continued to Aarch
81, nisi: Dennis Grady, assault on John 7.
Moakley with intent to kill, 81 days in jail
| $31 fine and costs; same, demurrer, judg
ment suspended.
| Court Notes.
Henry Oohs of South Norwalk, charged
with violating the United States license
laws, was on Monday bound over to the
United States court under bonds Of $500
in default of which he went to Jail. Yes.
terdsy Herman Quiltner of South Nowalk
gave bonds for him and he was released.
In the United States court yesterday
James ]. O'Rourke, the well-known ball
player, was, upon motion of Attorney Cur
tbs Thompson of Bridgeport, admitted to
practice in the United States court.
| The case of Morse vs.. Austin was on the
docket for trial before the jury in the
court of common pleas, civil side, yester.
day, but on account Of the illness of At
torney Arvine it was continued until next
Friday for reassignment and the jury was
excused until Monday, when the Carroll
Brady suit will be taken up.
James Oates of Canal street, has brought
| suit against Peter Leandra to recover three
| months rent of the house Canal street.
Leandre, through his attorney, Gets up q
| counter claim of repairs. The case will be
| tried before Justice Jamea Bishop, March
lis
Charles h. Webb of 1O2 Davenport
the board of compensation in assessing
benefits and damages caused by the widen
ing of Orange street, between Humphrey
| and Pearl streets. The board declared
| benefits and damages equal. Webb wants
| 81, 200 damages. A hearing on the appeal
is set down for March 20 before Judge
Simeon E. Baldwin.
The suit brought by Charles Obendorfer
against his father in-law, Wolf Williams,
to recover 81, 600 for nine years board, has
been withdrawn from the docket of the
| city court and the disagreement, which re-
| suited In the suit being brought, adjusted.
SARGENT & co. MUST PAY.
In 1868 Sargent & Go. built a sewer to
accommodate their factories on Water
street A few years later the city built a
| sewer in the strest, which destroyed the
outlet of the private sewer. and compelled
Sargent & Go. to use the big sewer. An
| assessment was levied by the city sgainst
the company, amounting to about 81, 300.
| Sargent & Go. then brought suit restrain
ing the city from recovering for the as
sessment.
In the superior court 1t was held that
Sargent & Go. had no remedy but to pay
| the assessment. An appeal was taken to
| the supreme court, which has just decided
! that there was an error and that the as
| sessments must be enforced. Sargent &
20. felt that 1t was hardship after having
built a sewer at their own expense to be
assessed for another sewer.
END OF THE sLU1CEwAY CASE
| The supreme court has rendered dscis-
ion in the sluieeway case of the canal,
which finally disposes of the matter. Asa
L. Chamberlain brought suit against Will
liam Hemingway to restrain him from fill
ing the sluice that flowed under East
Grand avenue. Hemingway went on with
the work. however, and an Injunction was
| secured restraining any further continu-
ance of the filling. Hemingway secured
the dissolution of the Injunction last Sep
tember and the case was then tried on it's
merits before Judge Prentice, who held
that the plaintiff had no ease and could
not legally insist upon keeping the sluice-
way open. Chamberlain appealed to the
supreme court, which has Just decided
that there was no error In the court below.
Thus finally ends this much contested
case.
Judge Stoddard and Samuel A. York.
j., appeared for the defendant and 81. g.
Newton for the plaintiff.
Funeral OF Ernest whitney.