Morning journal and courier., 1894-04-04
COURT RECORD.
Superior COurt-Crimfnal Slde-Judge
 RObinsOn.

tie bench warrant was issued for Charles | L. Bill of Branford, who recently assault ed a man with an axe. Bill has served 1 ten years in prison for killing his brother. Albert Furtmiller of this city was charged | with stealing bicycles. There were three counts against him. Furtmiller pleaded | not guilty, but later changed his plea to i guilty and was sentenced to two years in I state prison.
 Eugene W. Smith of Bethany, charged with having committed adultery with Mrs. Marion L. Perkins, pleaded not guilty, but no date was assigned for his trial. Smith has been confined in jail, while Mrs. Per- kins is out on bonds.
 William Ashley, charged with burglary in the machine shop of Edward Burgess, at first pleaded not guilty, but afterwards changed his plea and was sentenced to eighteen months in the state prison.
 James Carroll of New Haven, charged with entering the saloon of Frank P. Green, No. 160 Grown street, pleaded guilty and wss sentenced to eighteen months in the state prison.
 Henry Jackson, colored, pleaded guilty to . charge of burglary at the homo of was sentenced to five years in state prison. He already has 8 jail sentence which will last until February, 1895. After this time Is served he will serve the five years in prison. Jackson is the man who perps- trated the burglsries in the western part of the city and in Westville.
 Cornelius Taylor, Orange, charged with trespassing on railroad car, fifteen dave in jail.
 Charles Carlin, charged with burglary in Chapel etrest restaurant, pleaded not guilty. He will be tried tomorrow.
 Edward Maban and Auguetus Koschu- dy, both of Meriden. charged with burg lary, guilty, sentenced to six months In jail.
 Shortly after 4 o'clock yesterday after noon the court adjourned until 10 o'clock this morning, when iary will be em- panelled.
 Superior Court - Civil Side - Judge Prentice.
 In this court yesterday there was a short but decidedly interesting bearing on the application of State Attorney Doolittle and Attorney John Doolittle, counsel for Mary Elizabeth Lyon. who sseks to have a committes consisting of doctor, lawyer and layman appointed to inquire into the l mental condition of her husband, George A. Lyon, whom she claims is being kept in custody at his mothers house on Or ! arge street and herself not allowed to see him or have a physician of her choice visit ! or treat him.
 Judge David Callahan, the eonservator of George A. Lyon, refused to permit Mrs. Lyon to see her husband or have any other physician zee him until Dr. W. G. filling, who is attending him, advised him go to do. Upon receipt of this informs- | ton MT. Doolitt1e brought the application on which counsel were heard yesterday Friday afternoon Judge Prentice signed an order summoning the interested par ties to appear in court yesterday morning at 10 o'clock. At that hour Conservator Callahan and Attorney Hamilton, who appeared for him, William A. Wright, representing Mrs. Lyon, senior, Mir. Doc little and John A. Doolittle and young Mrs. Lyon and friend presented them | selves in court.
 Finally 1t was decided to allow Dr. Bis sell to call and zee Mir. Lyon and upon his report will depend future proceedings. The trial of the suit brought by John Hurley of Derby against D. M. Bsssett George P. Clark and Dr. R. J. Barrett was begun and will probably occupy several days. Hurley sues to recover $l5 900 dam ages in conse quence of the death of his pox in the fall of 1892 When taken sick
 with the dissase the csss was reported tc l .he seleotmen and the town health author. ities of Derby and the boy was removed te temporary pest house, contrary to the
 wishes of his father. The boy died, and his father claims that his death was due te the careless manner in which he was treat ! ed. Attorney 0. Fl Fowler of this city |. appears for the plaintiff and Attorney Wooster, Williams and GaRer for tho de fendants.
 Supreme Court of Errors.
 A private consultation of the judges oi i supreme court of errors was held in thif city late Monday afternoon and several de. cisions were arrived at, but none of these decisions were handed to Clerk Anketell until yesterday morning. The decisions were as follows
 In the Holland county case of Mullen against Reed no error is found. The lquestion at issue was whether 8 widow Is sn heir at law. The superior court de. cided in the affirmative and the decision of the lower court is upheld by the supreme court. The opinion is by Judgs Torrance.
 In the case of Smith against Delaney the court of common pleas is advised to render Judgment for the plaintiff, in which deci- sion tho judges all concur. The opinion ia by Judge Fenn. It was a Bristol liquor case, tho question being the liability of a bondsmsn of licensed dealer
 The case of Nelson against Pomeroy is finally decided. It was argued at the Jan usTy term and was sent back for an addi tional finding of facts. Horatto K Nelson of Sufield made will in case his ''present investments increase or decrease in amount or value then each devisee or legstee or party hereto to share in equal proportion, as given above, or pro rata" The finding of the superior court did not give state. ment Of what his present investments were and the case was sent back for an addi tional finding. The real question at issue was u what portion of the estate the term pro rata" applied. At the time of the tx cution of the will the estate largely ex- ceeded the amount of the legacies and the point was raised whether the term applied to tho residuum existing at the time The supreme court advises the superior court that the clause quoted above is void for uncertainty and rhe property undis | as intestate estate. The widow is entitIe to share in this intestste estate. The git, to each minor grandcbid rested in the trustee named at the teststor's death and must bs paid to the trustee when tn. other legaoies are paid. The trustee must give bonds and his trust is limited to tho sum he takes under the will. In this de cision the judges all concur. The opinior Is by Judge Hamersley.
 City Court-CrlmtnaI side-Jude. Cable.
 John Beresford, breach of tho peace
 bound over; Patrick J. Ktnsella, common
 drunkard, forty days in jail; same, resist ing officer, 8 fine, $7.44 costs; Patrick J Heating, violation of liquor law, $50 fine
 SIS A costs; Vtncenzo Uacacio. soliciting
 $5 fine, $8 86 costs; James J. Kane, drunk
 $10 fine, $6. A costs; resisting officer, jadg ! ment suspended; Patrick Mcdonald, ,brsacl
 of peace, $3 fine, $6 24 coats; John Ours
 ton, non support, contiaued until April : Patrick Hennessey, breach of peace, judg
 nent suspended.
 
 Given Permission to Extent. ,. Smith Brothers and Frank I. Lane, oyz ] ter dealers at City Point. have been erante, , ! permission by the harbor commissioners t. , extend their several buildings out over tn ! waters of the harbor by means of spilea etc.
 at fh.n