The Newtown bee. (Newtown, Conn.) 1877-current, 1895-09-27

ARREST OF M KS HAZARbs--Ih
SERVED BY CONSTABLE LYON OF MON /
ROE COURT RESUMED A DEMURRER
INTRODUCED BY MEssRS BEECHER AND
CANFIELD, ATTORNEYS FOR MRS HAZ-
ARD.-oVERRULED AND THE CASE AID
JOURNED TILL TUESDAY.--THE HEAR
ING ON TUEsDAY.-FACTs AND INCL
DENTS OF THE DAY.
The Mitchell Hazard case, as it has
came to be known, occupied the atten-
ton of the Newtown Probate Court on
Monday and Tuesday. The case came
up on Monday by continuance. AS is
generally known Mrs Ida M. Hazard Of
Monroe had been cited before the Pro
bate court as witness, at the instance
of Michael J. Houlihan, trustee on the
insolVent estate of Lawrence Mitchell.
At the hearing on Monday, the trustee,
Mr. Houlihan, was represented by Attor-
neys Williams of Derby and Northrop of
NewtoWn, and Mrs Hazard, by Messrs
Beecher & Garfield.
The probate office would not hold all
who wanted to hear the case, every seat
beiug taken while many stood at the
door.
MESSRs BEECHER AND WILLIAMS
had been pitted against each other in the
Hurley case some time ago, and that in
| terestipg legal contest gave many to ex-
pect that this case would not be devoid
Of interest And they were not mis-
taken, for Mr. Beecher fought the case
| with his usual energy and enthusiasm,
and he was met half way by Mr. Will
liams. who has lost none of his charac-
teristic persistence in his clients interest.
Mr. Beecher set the ball a rolling by in
Producing demurrer, and started to
argue iC, when MIR Williams strenuously
objected, and called for the personal APP
| pearance of Mrs Hazard A lively con-
| troversy followed between the attorneys.
Judge Bradley, however, sustained Mr.
| Williams, and called for the appearance
of Mrs Hazard. Mr. Bcecher then pro-
ceeded to argue the demurrer. He first
referred to the decision of the Supreme
court in the case of Cole & Egan.
and" continued Mr. Beecher, ~ take it
when we are trying to interpret new
statute, we at once go outside to consult
the statutes of other states" He then
brought up the case of Holbrook in the
99th of Now York, and also some of the
comments of Danforth, judge.
MR. BEECHER NEXT POINTED OUT
that the trustee in his application did
not allege that Ida M. Hazard ever had
any business relation with Lawrence
Mitchell. What does the trustee say
He believes it to be necessary "A
statement of belief is not sufficient,
said Mr. Beecher with emphasis. "He
does not allege it as a fact. 1t does not
appear that Mrs Hazard ever had dol
lar OF Mitchell's money; that Mitchell
ever did any work for Mrs Hazard; IL
fact, absolutely nothing in the petition
to show that they had any business rela
ton whatever" Here we have the
trustee" said Mr. Beecher, looming in
here in the absence of Mrs Hazard, anC
saying whatever he may please to YOU
honor, in order that his side, by an ex
animation might, like the Texas con
gresham, find where they were at, il
their case in the Superior court.
The second point in the demurrer, EN-
phasized by Mr. Beecher, was that it doe;
not appear, except by the opinion of the
trustee himself, that it would be for thu
interest of the estate to have this exam
nation, sufficient facts not being alleged
that the parties in interest had any bust
ness relation. And thirdly, it does no
appear that Mrs Hazard was party tt
this petition.
At this point Mr. Williams took tht
floor and asked that Constable Glove
be sworn. Mr. Beecher objected, but thi
was overruled. Mr. Glover was asked i
he had served the papers in the question
to which he replied he had.
MIR WILLIAMS
then spoke substantially as follows
May it please your honor, | ask that
warrant be issued for the appearance o
Mrs Ida M. Hazard in this court. 1t i
apparent to your honor that the lady il
question has not obeyed your summons
| shall object to any further proceeding
1 81 Me- I'D Ia in ,,rt
liams then proceeded to call the atten
ton Of the court to the well known stat
ute, previously given in full in thes'
columns, where probate judge may a
all times require debtor to appear be
fore court of probate and to submit Il
) an examination, etc. 81 trust your hon
> or "a a person of common sense" con
!, tinued Mr. Williams, "will see that W,
i cannot deal with Mrs Hazard till she get
here. l therefore ask you to issue an or
der for the arrest of Mrs Hazard"
At this juncture Judge Bradley re
marked that he believed Mr. Williams
ground was we'll taken, and that h,
I. should issue the order. The court ais,
declined to proceed further till she APP
peared as a witness, remarking that
wasn't Mr. Williams or the courts faul
that she wasn't there.
III At this point lively colloQuy tool
place between the opposing counsel. Nj
Beecher, with some force, characterized
the proceeding as unwarranted ant
merciless.
1t was So in the afternoon whei
court re-opened.
MES HAZARD HAD BEEN ARRESTED
by Constable George a. Lyon of Mon
roe. After some technical changes haG
been made In the demurrer by Mrs Haz
ards name being substituted for that OF
, the attorneys, Mr. Beecher again argued
the demurrer, after which Mr. Williams
took up the cudgel. Among other
things he said: 1t does not seem to me
that my friend has done himself Justice
in making these claims, as bright and
astute as he Ia. The jurisdictional point
In question is that the insolvent estate OF
Lawrence Mitchell Is before the court In
settlement. The court may require the
attendance of any person as witness, II
he believes 1t to be the interest of the
estate then in settlement. Let US sup
pose there was horse trade in progress
In Monroe Centre. That Mrs Hazard
was within her flower garden or on the
piazza and overheard the bargain made.
Now, if the transaction was connected
with the insolvent debtor, and Mrs Haz-
ard knew anything which would shed
light on the case, the court could sum.
mon her as witness. He closed by ask
ing his honor to overrule the demurrer.
Mr. Beecher replied to Mr. Williams in
closing. He stated he was also glad to
say that as ingenious as Mr. Williams
was, he hadn't done himself Justice. He
stated that they had no other motives