The daily morning journal and courier., 1896-03-25
IN THE COURTS YESTERDAY
4 DECISION RENDERED IN 4 BRdN-
 FORD WILL CASE.

| NH "h tNA'S'
 Various Other Cases Before the Courts,
 In the superior court, civil side, be- fore Judge Shumway yesterday, de- cision was given upon the construc- tion of the will of William Russell, late of Branford, who died in 1883. The only two points involved was whether a bequest of $500 should be given to a niece and whether George Lewis Rus sell, the administrator, should take in | possession the entire real estate re- maining. He finds that the will in- tended that the niece should receive $500 and that the administrator should take the fee in the real estate. The estate aggregates S5,0Oo.
 OTHER JUDGMENTS. The demurrer to.the substituted com piaint in the suit of Clifford H. Bald win and wife againts the Fair Haven l and Westville Railroad company was sustained and in the sensational suit of Miss Kittie T. Garvin against Con tractor J. H. Griffin the motion to strike out certain allegations was denied. l GOES ON AGAIN TO-DAGt
 The arguments in the case of Block vs. Peck occupied most of the day and will be continued this morning.
 CHARGED WITH A HErNOUS OF
 TENSE.
 In the city court yesterday before Judge Cable Matthew Leonard, Patrick l Egan, James Donnelly and Simon Con- nors were arraigned for assaulting with attempt to outrage the person of Mrs. Thomas Mccarthy on the night of March IT, The alleged crime took place on Adeline street in a vacant lot.
 Mrs Mccarthy testified that she had stopped in the saloon at the corner of State and Whiting streets on the night of the 11th and there met Connors and Cornelius Mcfarland. They had sew eral drinks together and that she gave Mcfarland her ring. They went out together and went to the lot, where | Connors took her pocketbook contain ing $120 syr
 It was brought out in the cross ex- animation that the woman knew both Connors and Mcfarland and that she had been out with them frequently.
 James Cunningham of 92 Orchard street testified that he was cleaning a vault near by the lot in question and ! heard screams of q woman. When he reached the place where the cries seem- ed to come from he found all the young men around the woman, who was lying on the ground. He ordered them out of the lot. They picked Mrs Mccarthy up and carried her away with them.
 Judge Cable discharged Donnelly on an alibl. The thses against Leonard ! and Egan were continued until April 27. Connors was bound over to answer in the supreme court under $500 bonds. and went to Jail in default
 l s1O0 BONDS.
 Andrew F. Fogelberg was held under s10o bonds for being drunk and making a disturbance, until March 2s
 CASES CONTINUED.
 The case of Brayo Piccirillo for as- sault on MichaleNCrisnala was contfn- ued nntil March 27, as was that of Phillip Aston for the theft of gold watch from Mrs. Deihel, the Chapel street caterer.
 OTHER CASES.
 Trial of the continued cases against Felix Samarizowky and his wife Apol- onza, charged with theft from the per son. resisting an officer, breach of the peace and drunkenness, occupied over an hour The couple are charged with taking watch and $4 from Leon Chro- powsky Pole living in Milford, on last Thursday. The state put in the evidence on Saturday and the defense was heard to-day. Apoonza said that Leon got drunk and offered her some whiskey, but she refused it. She never touches liquor of any description, she said, Leon got quite drunk and called her into closet and gave her the watch as token of appreciation of the entertainment
 Felix heard his wife's story and told | the same tale when he was called. A half a dozen witnesses testified to the | breach of the peace and resistance Policeman Cook found the woman lying | on the floor at the foot of the stairs when he got there and placed the man under arrest. The resistance story was not rehearsed Judge Cable found Felix guilty on three counts, and fined him $o for breach of the peace, s3 for | resistance and 8 for theft from the person. The costs were $l2.77. His wife was fined s5 for theft and s for resistance; costs $12.77. Judgment was suspended on the drunk charge. Henry w. Thomas of Mill River street was arrested for breach of the peace Monday night on complaint of his wife. He got out of jail week ago, and made a scene when his daugh- ter-in-law reproved him for being drunk. He was given thirty days.
 Patrick Henchy, who was arrested for alleged assault on one Lawrence O'Brien, was fined s10 and costs He took an appeal. The witnesses testi- fled that O'Brien was drunk and sick in Henchy's saloon Saturday night and had knocked Henchy down when the latter was trying to lead him out. Henchy struck O'Brien while lying on his back. John Conboy of SS Hill street furnished the appeal bond.
 The cases against John w. Barnes of Webster street and Patrick Henchy of Davenport avenue, two saloon keepers, who were incriminated by the testi- mony in breach of the peace trials Monday, for selling to and allowing minors to loiter around their saloons, was continued, Barnes until to-day and Henchy's for one month.
 BEFORE JUDGE TOWNSEND. Iudpa WY Ty in tho nj tad