The daily morning journal and courier., 1895-12-12
Court Notes,
Court Notes. SCOTT,S FINE MIST BY PAID.

'SCOTT'S FINE MUST BIZ PAID.
 A notice of appeal from the decision of Judge Wheeler given in Waterbury last Saturday was filed yesterday after noon by Walter Scott, proprietor of the Waverly house, in Cheshire, from which q large stock of liquors was contiscated and who was fined for violation of the liquor law. Judge Wheeler'S decision declared that one of the mittimuses was entirely good in form and that the other was irregular, but that the defect in it is waived because the counsel for MT. Scott did not demu to the sheriff S return.
 Judge Wheeler does not sustain the claim of Scott's counsel that Justice Beadle took Scott's promise to pay and that this was in effect a payment. He dismisses the writ of habeas corpus,
 Scott was convicted in two cases; first for selling without a license, and second for having liquor on his prem ises with intent to sell.
 In the last case the mittimus omitted the expression with intent to sell" This, Judge Wheslr says, is an irregu- larity, but even if Scott had demurred the sheriff would be bound to hold the prisoner till the justice could issue another and correct mittimus.
 As to the question whe ther the mitti- muses were improperly used because Justice Beadle allowed Scott to have ten days in which to pay and to be allowed his liberty, Judge Wheeler de- nj fbo+ !, l,; ;t timus at any time.
 SUED RUSSO FOR LIBEL
 Paul Russo, editor and publisher of La Stella D'Italia" was yesterday sued for libel for 5000 by Dominice Pettino 0f Providence. R. I. The claim is based on the publication of an article in the Providence edition of the paper declaring that Pettino had disappeared, and connecting him with the loss of $500 belonging to his. employer, B. Buffalo of Providence. Mr. PettnO claims that he has been in Providence continually, and produced evidence from his employer to show that there had been no mis:ir.g money Pettino's counsel is Philip Pond. 2d, of this city, anu ltlE ease lS ltlul iId Dlt III lllt Su- periOr court the first week in January. WALLACE CASE NEARLY CLOSED.
 The evidence is all in in the $500, GOO suit of c. C. Jackson and wife and oth- CTS against Wallace X Sons, Thomas Wallace and John w. Thompson and several others and Tuesday afternoon arguments were begun. For arguments each side was allowed six hours. Tues day night John w. Alling for the plain tiffs opened and talked a little over two hours. Yesterday morning ex-Judgo LTnde Harrison in behalf of some of the defendants, addressed the court. He was followed by General Stephen B. Kellogg of Waterbury and Attorney Perkins of Hartford. Ex-Judge Stod- dard will close for the plaintiffs
 DESERVES "A WHIPPING POST.
 The case of William Gibson of the an- neX for assault upon his wife, was con- tinued by Judge Dow yesterday to De- cember 31. The judge said he deserved the whipping post, but would not jail him as his family would suffer the most by it.
 OVER A BUILDERS BILL.
 In the court of common pleas yester- day the trial of the suit of F. P. Brett, the builder, against Mrs. E. s. Beecher is in progress before Judge Hotchkiss and a jury. The suit is for $900 for services and the defense is that the bill has been paid and also that it is out iaWed
 A DRUNKEN LOT
 The lodging house known as Three Star at the corner of Fair and Prindle streets was raided yesterday morning and James Reynolds, James B. Golden, Marshall Whallay, Claudius Wilson, Thomas Rally, George Mason, Daniel Driscoll, James Flynn Thomas Murphy, and Mike Lynch, was arrested. all charged with Vagrancy. The prisoners were all in various stages of intoxica- ton. Driscoll and Golden lay on the floor with both arms around each others necks. The growler in the shape of a two gallon pan was in evidence, and while waiting for the patrol wagon the police let the men finish the beer. The arrested men were drunk and offered no resistance.