The daily morning journal and courier., 1894-07-19
WAS L0OBY ISFLUENCEDs
Suit Alleging Fraud Against J. J. Red mond and Wife on Triai-Interesting Tasftmaax


 Suit Alleging Fraud Against J. J. Red
 mond and Wife on Triai-Interesting Testimony.
 Before John W. filling, n committee of the superior court, yesterday was partially heard the suit of William Luby, jr., as conseryator for Peter Looby against James J. Redmond and wife asking for reconveyance of cer- tain real estate deed by Peter Looby to Redmond and his wife in January, 1893. All the parties to the suit live In Wall tingford, the plaintiffs being represented by ex-Judge Hubbard of Wallingford and Doolittle & Bennett of this city and the defendants by ex-Judge Stoddard of this city and Attorney Harrison of Wallingford.
 The suit was brought year ago and Is instituted by William Luby, as con servator. The allegations are that on January l, 1890, Peter Looby was the owner of two pieces of land and several tenements in Wallingford valued at sl6,000. His mental powers became weak and further that he was incapable of managing his affairs. The allega- tions further are that Mir. Redmond in- gratiated himself into Peter's good graces, collected his rents and paid out money for him and eventually came to have full charge of all his affairs. It Is then alleged that by cunning and arti- flee Redmond induced Looby to deed the property to Elizabeth T. Redmond, and that he obtained absolute control and influence over Looby. It is alleged that Looby is, by reason of his age, weakened and imbecile. A conservator was ap- pointed, and it was he who instituted the suit to recover possession of the property through State Attorney Doo- little and ex-Judge l.. M. Hubbard of Wallingford.
 It is also claimed that although the defense claim is that there is but little equity in the property still at a previ- ous trial in the Wallingford probate court the defendants testified last fall that the property was worth at least SS, 700. It is also claimed that no money was paid by the defendant for the property and no consideration given ex- cept verbal agreement to give Peter LoOby S20 month as long as he lived.
 The defendants deny the claims of the plaintiff and set forth that the prop erty was transferred to them by Looby of his own free will, they agreeing to pay him $2O month aud care for him. Looby, it is claimed by the defense, had had some trouble with his family and did not want them to get his property.
 Judge Davis of Meriden -whO was on the bench of the Wallingford probate court at the time the hearing was held there was the first witness yesterday. His testimony related principally to the testimony given by Redmond in that court last fall. He said that Redmond admitted that he had been Looby's agent since 1890, collecting his rents, nego- tiating mortgages, etc., and that he had not the slightest evidence in writing or any record of his business transac- tions between them except a few per- sonal checks.
 It was also brought out during the trial that Redmond had negotiated two
 
 tenements in 1890, and when asked what had been done with the $1,0oO thus secured stated that $500 had been used to pay for sewer assessments, curbing assessments and the payment of a $200 bill to J. P. McGarry, the builder. What had become of the other $500 he was unable to state. It also came out that he had negotiated mortgage for $4.000 on the property to the Pennington Savings bank and few days later gave a second mort gage of $2,0O0 to his brother-in-law, named Benton, residing in Enfield, for which, it is claimed, he never received a dollar.
 To offset the claim made by the de- fense that there was no equity in the property, Judge o. J. Martin, H. B. Todd, J. P. McGarry and Warden B. A. Treat, all of Wallingford, testified that the property of MT. Looby was worth at least $16,00O.
 At this point, as Referee Allling had to be in in attendance in the common pleas court room at the drawbridge hearing. the case was continued until this morning.