Waterbury evening Democrat., 1894-01-13
VICTORY FOR MRS DRfees
The Motion t1 Have Expunged Certain
 Allegations Promptly Granted By Judge

The Motion tJs Have Expunged Certain Allegations Promptly Granted By Judge Wheeler.
 In the superior court at New Haven yesterday an innocent sounding little mo- tion to expunge certain portions of the allegations of the petitioner in the Driggs divorce case, Mir Harrison suc- ceeded in having the majority of the allegations of erroneous acts on the part of Mrs Driggs swept out of the case entirely, and furthermore, in having counsel for the petitioner withdraw entirely the charge of habitual intemperance and the allegation that she had behaved improperly when with Colonel Burpee in New York city. The granting of the motion to expunge leaves the petitioner with but four in stances to press his case on.
 In explaining the motion to Judge Wheeler, Mir Harrison took occasion to | state to the court that Attorney Terry, senior counsel for the petitioner, had | broken an agreement with him in regard | to filing bill of specifications of the al- | legged offenses without going into court and forcing him to secure an order for such a bill. Mir Harrison stated that he and Mir Terry met in Hartford on December Il, and signed stipulation that he would file | a bill of specifications with counsel for the
  l had been ordered to do so by the court, the purpose being to avoid publicity. The document that MT Terry did file, MT Har- rison said, simply alleged that on divers days from 1891 10 1893, the defendants was guilty of improprieties in New York | city and in Waterbury, and that for three years she had been habitually incorporate. He called MT Terry's attention to the fact that the bill was lacking and asked for a | more specific statement. Thereupon, MT 1 Terry replied that he would not furnish a more specific statement, and that if he, MT Harrison, wanted one he must put the matter on the short calendar and get an order from the court. MT Harrison then explained how Judge Hall had ordered the petitioner to file more specific statement and then went on to say that the docu. ment filed in compliance with that order was not what Judgs Hall had directed tc be filed. The portion of the answer he wished to have expunged, MT Harrison said, was the last paragraph which set uI that on blank days in July and August 1893, the defendant was guilty of i'm proper conduct. He said further that the exact time and place of the alleged acts must be set up in order that the defend ant might be prepared to show where sht was at the time in question. The plaintiff | Mir Harrison said, Tn concluslon, must no expect that he can depend on the gossip oi floating tramps to prove his charges agains this lady of standing, wealth and intelli gence.
 In reply to Mir Harrison's statements MT Bronson, junior counsel for the peti tioner, was very brief, but cutting. Ht said that Mir Harrison indulged in lot o ancient history and his usual insinuations but that 1t would have no weight in tht matter under discussion. The fact was he said, that he was unable to state an! more specifically the places, dates ant time when the alleged otfenses were com mitted. The people who were to testif. in the case, he said, were not the kint that were looking for notoriety in sucl coses, and if they knew more defnitel. they were unwilling to say so.
 Judge Wheeler, after hearing the argu ments, promptly granted MT Harrison motion.