The daily morning journal and courier., 1896-05-01
YESTERDAY IN THE COURTS
ETIDENCE PRESEN7'-
 ED IN THE HOIDLEY WTEL CASE.

Another Divorce Suit-John LaWior Sen- fenced to Six Months in Jail for Theft Montgomery Will Case-Marett Fund ' l-other Court Cases. < In the case of the appeal from pro- bate of the will of the late Dr. Freder- ick H. Hoadley A. II. Kimberly, whose ! wife is contesting, was put on the wit ness stand again yesterday morning, MT. Kimberly w& one of the appraisers of the estate of George Hoadley and !, testified as to the distribution of the estate. His evidence tended to show that there was no breach between Mrs Kimberly and pr. Hoadley over the dis N tribution of the estate. In regard to the personal character < istics of MT. Wilson, the first husband N of Mrs. Kimberly, MT. Kimberly sald N that he was temperate and upright N man. This was in connection with the N testimony by Mrs. Kimberly to the ef- M feet that Dr. Hoadley had told her that N she had disgraced him by her first mar riage.
 N MT. Kimberly also told of the travels N of pr. Hoadley and Mrs. Kimberly be- fore they went to live at Mrs. Sykes, MT Case, counsel for the appellant, then demanded a copy of the will made by pr. Hoadley at Mrs. Sykes boarding " house, in which he left the estate to Mrs. Kimberly.
 K Ex-Judge Stoddard, counsel for the E executors, however, refused to comply with the demand and the matter was dropped.
 IA MT. Case later produced the original will and it was identified by MT. Kim berly.
 pr. Frederick B. Smith of Norwalk was called at the close of the cross-eX- animation of A. H. Kimberly, which oc- cupied the attention of the court until 4:30 D. m.
 Dr. Smith is the proprietor of pri- vate institution for the cure of persons affected with nervousness, habit cases, etc., in Norwalk.
 In 1888 he was engaged in the same work at Rowaton. On April of that year Dr. Hoadley came to his house for treatment. He stayed until July of \ the same year. He was there again B from August 31 to October 26
  a patient at pr. Smiths institute was in K January, 1891. He was there about two weeks The witness had met Dr. Hoadley several times in New York at Dr. Brewers
 The jury was discharged until 10 a. m. next Tuesday.
 SUED FOR DIVORCE. Frederick Schenck of Gamer street "A E against his wife, Hattie Schenck, on N scriptural grounds. The case has been \ brought by Attorney Louis E. Jacobs | and a copy of the petition has been sent E to the defendant, who is now in Phila- H delohia.
 N The couple were married in August
 1892 and in April of the year following \ Mrs. Schenck deserted her husband Tn 4 his complaint Mir schenck names a MT E Miller of Philadelphia as respondent.
 MT. schenck claims that there are one \ or two other men who have been atten \ tive to his wife.
 Superior Court Criminal Side-Judge
 Shumway. The trial of John Lawlor, accused of l theft of $20 from the person of Michael \ Carney Westville farmer, in Herr mann's saloon on March IA, was begun in the criminal side of the superior
 court yesterday morning before Judge
 Shumway and jury. This is the last
 of the jail cases to be tried this term | and is also the last case which Judge
 Shumway will try this term, as he
 opens court in Norwich on next Tues
 day.
 The case was given the jury at 5 o'clock and at 6:15 verdict of guilty had been agreed upon. Attorney F'ow- Ter asked the court to exercise judicial clemency in passing sentence upon the prisoner for the sake of his aged mother and sister. He did not think that Law Tor should be sent to state prison and thus become hardened criminal,
 State Attorney Williams argued that no such clemency should be shown the
 prisoner.
 Judge Shumway sentenced Lawlcr six months in the county jail
 Court of Common Pleas-Civil side-Judge
 Hotchkiss.
 The replevin case of Frank Nussen-
 holtz of this city against Charles Let
 jeskey of Ansonia was 'esumed in the
 
 court of common pleas yesterday morn
 ing before Judge Hotchkiss
 The complaint alleges that on July 9, 1894, the defendant came into the pos
 session of horse, harness, wagon ard
 eight barrels of flour valued at SlD0,
 the property of the plaintiff The iat~
 ter recovered the goods on writ of
 repIevin and the present proceedings
 are to prove his title. The defense
 is that the defendant bought the goods
 from Joseph Prosky, who, it is set up,
 was then partner of Nussenholtz.
 Probate Court-Judge Cieaveland.
 The application of Maher 6 Conlan
 for the removal of W. J. Montgomery
 as administrator of his wife's estate
 met with vigorous opposition in tine
 probate court yesterday morning by
 Judge York and Attorney John l. Cler-
 f,;,, oo,1ucoI for MoDtoOnpry