The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-04-29
YESTERDAY In THE COURTS
OPENING OF THE APRIL TERM or
UNITED STATES CIRCUIT COURT.

Trial of the Hoadley VIII Case Resumed
Mrs. Kimberly Overcome in Court
simon Il. Connors Gets Nine Months in
.Jail-Donnelly Arson Case Nolled-Other
\ Court Notes.
\ The April term of the United States
''circuit court opened at 10 a. m. yester-
llday with Judge Townsend on the bench
and the petit jury in attendance.
4 D. f. Marsh of Waterbury and Rob-
ert HARRISON of Hartford were admit
n ted to practice in the United States
&courts.
a After the calling of the calendar and
#docket the roll of the jury was called
land eighteen answered their names, six
&being absent. One of the absentees,
ENoyes S. Andrews of Naugatuck, is
Ndead, and another, Arthur j. Pinnio OF
is out of the state.
III The following is the list of jurymen:
KlGeorge l.. Andrews of Hamden, John
Mr.. Baldwin of Branford, George N.
EBarnes of Meriden, Thaddeus Bell OF
NDarien, John S. Brainard of East Had
Edam, Francis S. Conley of Norwalk,
EDavid III. Clark of New Haven, Walter
MI. Dean of Branford, w. F.. DoWner OF
&Hamden, Henry M. Fitzgerald OF
n Greenwich, Nelson S. Ford of Winches-
liter, Levi C. Gilbert of New Haven,
n Martin Glennon Of New Canaan, j. Z.
#Hinsdale of Meriden, William Lap
\ thorne of Ansonia, William W. Marsh
! and Imley p. Prescott of Bridgeport,
ECharles Pritchard and Lewis Raymond
Eof Waterbury, George Scofield of Green
(Which, Theodore Lyon and John Settles
Eof Litchfield.
Before proceeding with the trial of
eases S. ]. Marsh of Waterbury and
ERobert HARRISON of Hartford were adj
Emitted to practice in the United States
*court. The oath was administered to
Ethem by Clerk Marvin.
The suit of John L. McCauley against
Bthe Shepaug, Litchfield and Northern
3railroad was first taken up. The COM
#plainant was president of the railway
Ecompany named at the time it was alb
$sorbed by the Consolidated railroad,
Hand he alleges that his salary was not
Rpaid from February, 1891, to June, 1892.
HHe is suing to recover.
4 Kellogg, Rose & Smith appear as
Ecounsel for the plaintiff and Henry c.
Hand l.. F. Robinson appear for the de-
Efense.
] The first witness examined was r.
Nv Carr of New York, who was secre-
Etary of the Shepaug road. He testi-
kfied as to the records of the election
Eof directors and President McCauley.
The plaintiff, McCauley, next testi-
Efied He claims $500 is due him under
Ethe contract he had with the railroad.
lille told about his appointment as pres
&ident, and stated the provisions of his
contract.
In the two cases of Strong against
EWhite, which have been assigned for
Hume 26, Judge Townsend is disauaf-
HE'D and Judge Wheeler of the Vermont
&district court is to be called to try the
leases.
Superior Court-CiviI Side-Judge Sbum-
way.
The trial of the appeal from probate
of the will of DR.. Frederick H. Hoad-
Hey was resumed in the civil side of
Ethe superior court before Judge Prem
tice and jury yesterday morning.
THE jury all came in with boutonnieres
of trailing arbutus and a huge bouquet
lof the spring flowers adorned the
#judge's desk.
Mrs. A. H. Kimberly, the plaintiff in
THE appeal, was again put on the wit
mess stand and was questioned
by ex-Judge Stoddard, who is counsel
for the executors.
Mrs. Kimberly testified to several
acts of the testator during life, show
hing that he was mentally unsound.
Judge Stoddard questioned her close
by in relation to these circumstances, SO
CLOSELY that at one time Mrs. Kimberly
burst into tears.
She had not been in first-rate health
lately, and the long continued testify
ling, and oss-examining especially,
made her exceedingly nervous. She
lat one time requested Judge Stoddard,
who was speaking to her In rather
loud tone, evidently trying to- discon-
cert her, to speak in a lower tone. At
terward she burst into tears and asked
Ito be excused The request was grant
led and a short recess was taken by the
I.
ante-room in half fainting condition.
Her husband came quickly to her as
sistance and assisted her to sofa in
the ante-room, where she lay down,
and after a short rest regained her
composure The case then proceeded
Judge Stoddard inquired especially Of
he witness concerning the events which
transpired in the Hoadley family after
the settlement of her fathers estate,
particularly during DR.. Hoadley's resi-
dence at Mrs. Sykes, who lived on
High street at that time.
Mrs. Kimberly stated that she did not
think that DR.. Hoadley was rational at
the time he had will made at Mrs.
Sykes house. She stated that when
she found that her brother was derang
ed she felt mortified and told no one.
When asked if she did not tell her bro
ther's intimate friends of the condition
of his mind, Mrs. Kimberly said that
she did not.
Judge Stoddard then proceeded to
cross examine the witness as to what
She was approximately worth at the
time of her brothers decease. w. c.
Case, her counsel, objected and the OBJ
lection was sustained.
Ex-Judge Stoddard then made inqui-
ries concerning the amount of the es-
tate of the witness mother. This
question was ruled out by Judge Prem
tice, who said that the proper way to