Waterbury evening Democrat., 1894-07-16
JUDGE ROOTS HOUR.

The Case For Embezzlement Against IF.
 J. smIth,Continued Until Tomorrow.
 The case of Bryan J. Smith. charged with embezzlement. occupied nearly an hour in the police court to-day. Smith pleaded not guilty. He was prosecuted by Attorney Cole and defended by Attorney O'Neill. Judge Root rendered no decision adjourning the case until tomorrow. The following were the papers and evidence introduced: First. a certified order of the probate court that Smith was and is exc cutor of the estate of the late Bridget Smith; a certified copy of the will. to show that George J. Smith is one of the legatees under the will. This was objected to on the ground that it was not a true copy. It WAS corrected and allowed. The administrators account showing a balance of s2. I09.25. was objected to be- cause it was not the original. It was sworn to by Clerk of Probate James Cassin and allowed. Smiths own account. when presented in probate court, was allowed. The distribution account. showing order of court to distribute s2.O00, was objected to because no notice was published accord ing to statutes. As an appeal was taken from it which was overruled. it was al- lowed. James J. Cassin swore to all the papers. also to copy of appeal and to ap- peal filed by the appellants. Objected to
 
 guardian, ,Lwho had appealed Attorney Cole said that if the order had not been appealed from, let it stand as it is. Clerk Cassin further testified that the order of distribution bad never been revoked. Smith was not present when it was issued, but came in and got copy later; wrote it himself At this point Judge Root said: "It comes to my mind that l had some- | thing to do with the estate and if either side object 1 will retire." There was no ob | jection. Judge Lowe thought Smith was present when the order of distribution was issued. George Smith. the brother, and one Of he legat. es. said: Il never receiv, d one cent from my share. Saw B. J. Smith Friday ,asked,him for my share. and was told l would get hurt. John Lane was with me. '" Lane testified to the same. That closed the evidence. Attorney O'Neili asked to have the prisoner discharged, The state alleged that he embedded S666.66 They | have not proven it. No evidence at all | that one cent has come into his hands. | was offered. The statute saSs he has got to appropriate it to his own use. If he has paid claims that were all owed that does not nlaEe him an embezzler. He has got to be guilty of criminal act. I don't | think he has one cent. II don't think so, either. said Attorney Cole). You have got to prove we misappropriated that money. He went over the administration account and the amounts disallowed." Attorney Cole made a sarcastic argument. He said in opening: This case reminds me of the story of a son whose father got his lawyer to talk to him on his wild habits and that he would be cut of without any | of his estate unless he amended his ways. The son said. all right, you make me ex- ecutor of my fathers will, and I will be | satisfied That is Smiths case exactly. He has set out to rob this estate. He would be all right if he had a probate judge he could handle. but he ran up against a snag in Judge Lowe" Attorney Cole referred to Smiths charges of Si33. 50 for nursing Patrick Smith for one day. also his charge of S3 900 as executor. At torney O'Neill wound up the case by say ing ''they have not proved solitary thing" The case then went over.
 The case of Alice Drlowery. charged with forgery, Prosecuting Attorney Rus sell asked to have adjourned until Friday morning on account of the indisposition of the accused. The following doctors cer- tifcate was sent to the court:
 | WATERBURY, July 16. '9i.
 I hereby certify that Miss Alice Delow- cry is suffering from great ner rous pros tration, and is in such a feeble condition that it would be unsafe for her to leave her bed. There is evidence of an unsound mind, many of the incipient symptoms of acute mania being present.
 | J. F HAYES, NJ. D.
 Michael Lyons for drunkenness was sen- fenced to thirty days in jail. Maurice Connolly was fined S1 and costs
 Louis Yapalucea was charged with as- sault on Martin Sobor, a milkman. He was fined Sl00 and costs. An appeal was taken.