The daily morning journal and courier., 1896-05-19
IN THE COURTS YESTERDAY
CASES BEFORE JUDGE HOTCHKISS-
 DEMURRER OYERRULED.


 Busy Day--Judge Cable Speaks Ills Mind About the Sacred Heart T. 4. and E. Affair.
 The common pleas court, criminal side, was in session yesterday, Judge HotchlIiss sitting. A jury was in at tendance upon the court, composed of the following panel:
 William ?. Tyler and G. Fred Abbott of Middletown; Henry Davidson, Will liam H. Frisbie and Miles B. Plumb of Milford; Thomas H. Benton and H. D. Patterson of Naugatuck; Daniel M. Rose and Newton M. Robinson of North Branford; l.. Peet Futile, Arthur But ton and William B. Roberts of North Haven; Stiles D. Woodruff, Clark Stone and Frederick J. Treat of Orange; Hen- ry P. Williams and Elijah B. Treat of Oxford; Lavergne G. Clark and Byron Morse of Prospect.
 The first case tried was that of Ed ward Courtney, who pleaded guilty to the charge of indecent exposure and was fined $1 and costs The offense was committed in Guilford, where he was fined $7 and costs, but owing to the fact that the prisoner had been in Jail since April 23 the fine was reduced.
 Arthur A. Hermann, who was fined $5 and costs in the city court for as-, withdrew his appeal and the case was dismissed upon the payment of costs in the city court.
 The case against William J. Conway, jr, charged with stealing a dog collar belonging to James Beal, was nolled. It was said that he stole the dog, too, but as the animal was unregistered no prosecution could be brought for that offense.
 Fred James of Branford also with drew his appeal. He was fined $1 and about SIP costs for assaulting Abe" Lubinski in Branford.
 Attorney Danaher of Meriden filed demurrer to the complaint against Mi chael Sullivan of Pratt street, Meriden. Sullivan was accused of selling liquor on Sunday, January 5. Mir Danaher argued that the '95 statute changed the fine and penalty for keeping open on Sunday and that the new law applied to the place and not to the act of sell ing, and therefore that all penalties re- lating to the sale of liquor were de- stroyed. This point has been raised in Hartford by Joseph l.. Barbour and was overruled there.
 Judge Hotchkiss overruled the de- murrer without any argument from the state.
 Sullivan's trial was then begun and occupied the balance of the day. The case was given to the jury late in the afternoon session. No verdict had been reached at o'clock and the jury was discharged until 10 o'clock this morn ing, when it will again take up the case.
 City Court-Criminal Side-Judge Cable.
 The trouble which arose in the Sa- cred Heart T. A. and B. society over the payment of the death benefit alleg- ed to be due the family of Bernard Herman, the son of Sergeant Herman, was ventilated in the city court yester- day morning.
 Bernard Hope, the secretary of the society, appeared against James Reilly, whom he said assaulted him at spe- cial meeting held to consider the ques- tion of paying the benefit.
 The court room was crowded with members of the society, both the con- plainant and the alleged assailant hav- ing many friends. Hope detailed the circumstances of the case as he remenn- bered them. The excitement had run high all the evening, and when it was at it's highest Reilly had rushed at him (TIope) and struck him in the eye. Reil- ly also grabbed the minutes which he (Hope) was reading as secretary of the society.
 Reilly said that a motion had been made that Hope give over the minutes. Hope was slow and Reilly got them | There was no trouble nor any fight. q have seen worse trouble than that" he added. Hope persisted in acting as secretary after the majority had ob- jected.
 Reilly called as witnesses a number of the brothers. Brother Durkin didn'; see any blows struck. Brother Grim ley, acting presiAing officer, didn't sec any violence either, nor did Brother Francis E. McDermott. Brother Nc. Dermott said that for insubordinatior Secretary Hope had been fined S1, but was defiant and declared that the SO ciety would get it, in the neck" An other member of the majority said tha' if Hope had said that in some societie. he would have been thrown out of tht window.
 Judge Cable said it was disgracefu affair, and there had evidently been { breach of the peace committed. H. fined Reilly s5 and costs. Reilly tool an appeal under $75 bonds.
 Thomas Gildea Of West street wa arraigned for chasing children with { large knife John Schmauder 2S Fl liott street testified that he was goinf home from school on Tuesday after noon and that he saw Gildea lyins asleep in vacant lot. The witness threw stones at him and his associate Percy Camp, used a slingshot. Tn stones awakened Gildea, who the' chased them.
 Gildea was discharged by Judge Ca ble. who held that the conduct of tn boys was the cause of the alleged as sault
 Pasquale volandi of 92 Oak street an, Connello Marcallo, a woman of tn same address, were before the court fo
 breach of the peace. Volandfs fac was bandaged where he had been GU