The daily morning journal and courier., 1896-10-10
YESTERDAY IN THE COURTS
CASES DISPOSED OF IN SUPERIOR COURT, CRIMINAL AND CIVIL.

Come Up This Term-Probate Court News-oth Court Notes.
 A suit to recover an alleged shortage of $1, 400 from the former tax collector Roger s. Austin of Wallingford, came before Judge Shumway yesterday morning on a motion to require him to produce rate and tax books and pa pers to throw light on the condition of the towns accounts. It will be remem- bered that Attorney c. A. Harrison was appointed as committee of the bor- ough and town of Wallingford to in- vestigate the condition of MT. Austlns accounts. He found that there was a shortage of $3,700 to the town and $l,400 to the borough of Wallingford. Mr. Austin made good the shortage to the town, and it is said, agreed to do so to the borough. but has failed to do so The borough has recently brought suit for the S1, 400 and interest, amounting to $400 more.
 The borough has asked for the pro- duction of the books, but MT. Austin has refused to produce them.
 Yesterday morning Judge l.. M Hub bard appeared for MT. Austin and stat ed that he was entitled to three weeks in which to make reply to the notion for the production of the books. Judge Shun,way granted Mr. Austin that length of time in which to reply.
 ONE YEAR FOR ASSAULT.
 The case of Christopher Gregcr, an Italian, charged with assault with in- tent to murder George Brusch in Mer- iden on September 8, was called in the superior court, Judge Thayer yester- day morning.
 The jury retired to consider the case at 20 o'clock After deliberatirg an hour they returned with verdict of guilty of assault with intent to kill. Judge Thayer sentenced the prisoner to three years in the state prison.
 At the conclusion of the trial Juror Edward J Bird of Branford was ex- cused for the term on account of ill., ness Juror Bird was taken ill while listening to the charge in a previous cease early in the week. At his own request MT. Bird was excused for the term
 DIvoRCEs.
 By reason of Judge Shumway's de- cisions in the superior court, civil side, yesterday afternoon, five couples were freed from the marital ties.
 Isabelle Hunt was granted 8 divorca from John L. Hunt on the ground of desertion and cruelty. She testified that her husband had contributed nothing to her support since 1891. Da- vid Childs of Edwards street corrob- orated the testimony of Mrs. Hunt and also told how he had found the woman in the snow where her husband had I thrown her. MT. Childs took Mrs. Hunt \ into his own house and cared for her. \ Mrs Emma E. Newbold, the wife of Thomas H. Newbold, was also freed from her husband on the ground of de- sertion They irtermarried in 1877 and the desertion took place in 1892. The petitioner resides n Springfield, Mass, with her sister, and the defendant is a N sergeant in the New Haven Blues. Mrs. H Newbold was allowed to assume her maidentname, Emma D. Hawkes.. Anna G. Cook and Thomas c. Cook K were married in Guilford in 1883. He was a widower and had a. boy by a X former marriage. Three months after K their marriage Cook sent his wife A'NA K husband only once, by letter from E Kentucky. The divorce was granted on N the ground of desertion.
 On the same allegation Kaisa Salina E Karlstoder Mangs-Pihl was granted a divorce from Jason J. Pihl, alias John- son They were married April 10 1884 Daisy M. Hull. young and pretty K blonde, told Judge Shumway touching l and sad story. She was allowed a di- K vorce from James A. Hull on the grounds of intemperance.
 IMPORTANT CASES TO COME UP
 THIS TERM. The trial of Dr. J. Edward Lee, who E is charged with seducing Berdie Maud \ Palmer is assigned for to-day, but il ! will probably be continued one week. \ as Miss Palmer is not able to appear { in court. She is still confined in the hospital and is very weak.
 State Attorney Williams has assign ed the Morse arson case for trial in the superior court for next Wednesday morning.
 Thomas F. Ripple, who is charged with killing his wife, Mary Ripple, last January, on Silver street, will be tried about the last of the term. State At torney Williams is preparing for the trial now.
 A JUDGMENT ASKED FOR.
 The Fair Haven and Westville Rail- road company yesterday morning asked for a judgment in the $5, 900 suit brought against 1t by Clifford Baldwin and wife The company has filed two demurrers to the plaintiffs complaint, and botf were sustained. They therefore asked for judgment. The court refused te grant the motion, as the plaintiffs counsel, Attorney J. P. Goodhart, stated that he proposed to file another com plaint.
 The suit was brought because of in. iuries received by Mrs. Baldwin. Int car upon which she was about to step moved and she was thrown down. The company demurs on the ground tha the conductor was not responsible fol the accident.
 OTHER CASES DISPOSED OF.
 Charles Hull was found guilty and was sentenced to six months in jail He has been in state prison five times for similar offenses.
 Fred Hill of Milford was sentenced to one year In prison for theft.
 George H. Donnelly, burglary, one