The daily morning journal and courier., 1896-01-10
C0URr RECORD.
Superior Court-rriminal side--Judge
 Wheeler.

Wheeler. The case of Charles r Church was given to the jury yesterday morning, Church was found guilty and was sen fenced to one year in state prison. How | ard, who was associated with him in the theft, was given one year in jail. While the jury were deliberating on thl Church case several prisoners were put to plea. John Cummings of Mill ford, charged with assault with intent to kill, was the first.
 1 Cummings assaulted his wife with q knife about two months ago, infiicting a cut four inches long on the back of | the neck, and another wound eight lilnches long on the side of her neck nearly killing her. Judge Wheeler inn posed a penalty of two years in state prison. Counsel for the defendant, J. r. Goodhart, asked for one year in 1 jail
 l Martin Birmingham, an eighteen year-old boy of Wallingford, who, in company with an older man, visited I Mrs, Vincey Stoves house in that town and assaulted and robbsd her, was giv- en an opportunity to change his plea, l and he said guilty" C. H. Fowler, his lattorney, who appeared for him, brought the lads mother before the ] judge and urged that light sentence be imposed, on account of the youth of l the accused and the fact that he was led into the crime by the older man, who so far has managed to escape the police.
 | State Attorney Williams read the 1 statement of Mrs Stowe. who Is an 1 aged lady. Ii appeared that they bound 1 her head and hands and tied her to a | door knob while they ransacked the l house, and they threatened to cut fer with razor if she persisted in her out cries. Judge Wheeler amposed a sen tence of three years and six months in state prison -
 Louis 4 Beyer of New Haven. &C., cused of burglarkzing 8 store on Wash ington street. was sent to jail for one year on plea of guilty l Luigi uccelli,i an Italian of Branford was sent to jail for one year for in ! decent assault.
 Oliver Wood of Milford was sent to | JtiIl IOI OIlG OttE LOi duuIlGIy Oll a Dltl of guilty.
 William Turner, an East Haven tranlp, was sent to state prison for four months.
 The case against Mamie Duffy Dona- varo Van Lue, accused of bigamy, was nolled, and she was released from cus- ltody. She has been in jail about two 1 months. Duffy is her maiden name. Donavaro is her name by her first hus- band and Van Lue Is the name of the lcolored man she married in this city | last August She is white ard 90 is her first husband, who is a steward on a boat running out from Boston. He re- fused to appear against her and the | state could not prove it's case without | him, so it was nollsd.
 | John Flaherty of West Haven was on l trial during the afternoon session for Iburglarizing the Ssa View house at Saw
 in Rock.
 Court was adjourned before the tes- timony was finished.
 Superior Court-Civil side-Judae Shum-
 A writ of habeas corpus was argue
 before Judge Shumway in the superior
 court yesterday The case was that of
 Frederick D. Miller.
 Frederick D. Miller and wife, Char lotts k. Miller were divorced six years
 ago. He remains in New Haven and is contractor. Mrs. Miller retains her residence in Waterbury. They had one child and the mother has had the eus- ltody of 1t.
 Since their divorce the child. girl
 has remained with it's mother, but the father has contributed nothing towards
 it's support A short time ago the for Inner wife caused Miller's arrest for
 non-support. He was taken to Water
 bury and the case was continued until yesterday. In the meantime he was re-
 leased on bonds.
 Wednesday night a writ of habeas
 corpus was prayed out by Attorney c.
 $. Hamilton, requiring the sh=riff tc produce Miller in court at 10 o'clock yesterday morning. This order, oi
 course, took precedence of the prosecu-
 tion in Waterbury and that case could
 not be heard yesterday. In the habeas
 corpus action it is alleged that the pros
 ecution'is illegal.
 On Monday the whole case will be
 heard at length before Judge Shum.
 way.
 MT Michael Daley of Waterbury, whc
 was sued by his former wife for the
 custody Of their children, has come out
 the victor in a decision of the case by
 Judge F. B. Hall
 The court finds that Mrs. Daley is not
 a fit person to have the custody, o
 the children. and that the father is 2
 fit person, and has cared well for them
 The contestants were divorced sever
 al years ago by. mutual consent, an(
 the father has since retained the GUS
 tody of their four children. Mrs, Dale5
 recently applied to the court askins
 that she be allowed the care of them
 She alleged that the father was not {