The daily morning journal and courier., 1896-02-08
COURp RECORD.
Superior Court-Civil Side-JudGe Shum-
 way.

 Superior Court-Civil side-Judge shum-
 way.
 At ten minutes of seven last night Judge Shumway adjourned the supe- rior court, civil side, after granting eight divorces and listening partially to arguments on series of motions. The judge certainly is a most faithful magistrate, for all day yesterday he lis- tened carefully and attentively, not missing point and without the slight est indication of annoyance.
 The motion of Judge Harrison, acting Tor the state of Connecticut, to make the state a party in the Marett will case was argued. Judge Stoddard appeared for Yale college and James T. Moran for the St. Francis Orphan asylum. The debate was between Attorneys Harrison and Stoddard and consumed four hours of the courts time. It was mostly on legal technicalities. During the course of the debate Judge Harri- son referred to the English episode and compared Yale university
 
 ing with the university with Great Britain.
 The controversy is said to be an at tempt to have the general assembly of next year accept the trust of $70,000 left by will to the Lakeville School for Im- beetles. There is to be a petition to that effect presented at the next legis- lature. Yesterday morning B. Frank Marsh, chief clerk of the state treas ury departm ent made a demand upon Henry T. Blake, trustee of the Marett estate, for the money.
 Judge Stoddard first argued that a Judgment in accordance with the ad- vice of the supreme court setting aside the order of the probate court, which held that the money should be held in trust for the Lakeville school, should be granted. Then Messrs Mclean and Harrison presented their motion to make the state of Connecticut a party to the proceedings on the ground that the state had never been notified of the hearing before the judiciary con- mittee, and that had not been pre- sented in the litigation over the fund.
 Marvin H. Sanger, state treasurer in 1893, testified that he had never been l notified of the trust of the bequest of MT. Marett, nor did he know of the Judiciary committee hearing. l Attorney Stoddard cross-examined MT. Sanger sharply and asked him if he had not heard the governors mes sage read that year. MT. Sanger re- piled that he had, whereupon Judge Stoddard read from the message where Governor Morris called the attention of 1 the legislature to the fund. | MT Sanger admitted that he had no | knowledge of it nor had his clerks, whereat Attorney Stoddard said: "The whole office ought to be reorganized."
 MT. Wood, a member of the judiciary committee which held the hearing, stated that MT. Henry T. Blake was the only person to appear before that committee on the matter at the public hearing.
 Mr Blake stated that he had not noti- fled MT. Sanger, but had given notice to F.. Stevens Henry, the hold-over state treasurer. MT. Henry refused to accept it, as he doubted his right to do so.
 Judge Stoddard then laid in copy of Governor Morris message, in which he referred to the trust. Mr. Blake was called to the witness stand again at this point and he testified that formal demands had been made upon him by the other beneficiaries for the amounts due them under the supreme court de- cision.
 Henry c. O'Sullivan testified that Comptroller Staub in an interview had replied when asked for the judiciary committees reason for advising the re- fusal of the trust: q suppose they didn't want to be bothered with it."
 Judge Shumway reserved his deci- ] sion.
 Nine ex-parte divorce cases were dis posed of at yesterdays sitting. In each case the decree was granted. They were as follows:
 Nellie D. Northwood of Waterbury from William H. Northwood of Hart ford for assertion. Plaintiff resumes l her maiden name Nellie D. Kelly. Par ties were married May 17, 1888, and Northwood disappeared August l. 1892
 Carrie c. Liney from John L. Lney both of Cheshire, on statutory grounds She also takes custody of the child.
 Lucinda A. Pierce from Ivory w. l