The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1897-04-10

The plaintiff moved that the defence
be striker out. Judge Townsend, in
his decision, denies the motion, which
is to the effect that the defence is
good one.
Superior Court-Criminal Side-Judge
Hall.
DR.. G. A. Lindsey was in court yes
terday morning, having been summon
ed by counsel for the accused to testify
concerning the condition of Mrs. Ben
nedette, the chief witness in the Mora
no murder case. DR.. Lindsey said that
he went to the Jail Thursday night and
found her condition such that she can
not appear in court next week.
Judge Hall stated that it was very
desirable that the case should be tried
as soon as possible, as there was dan
ger that the witnesses would be scat
tered before another term Of the court.
He told Moranos counsel that the case
would not be tried next week, but that
he would make no disposition of the
case until later, when it could be ascer-
tanned what the probabilities Of Mrs.
Bennedette's condition would be.
In the case of Thomas De Bowes, who
Is charged with a third offence Of va
grancy, a novel point of law was raised
yesterday by his counsel, Attorney
Fitzgerald. The act making special
penalty for the third offence of this
kind was passed in 1893 The point
raised by the attorney was that one of
De Bowes' convictions had occurred in
1892, before this act was passed. Con-
to 49,, ,l,1 TN.o
Bowes with third offence of vagran-
cy is defective. Attorney Fitzgerald
moved that his client be discharged.
Judge Hall took the matter under con-
sideration.
jeremiah Nugent was placed on trial
for the burglary Of Thomas Heeney's
saloon on Grand avenue on the evening
of January last. Daniel Kavanaugh
was arrested for the same offence, and
was held in $500 bail. John Rogers of
East street went on his bond. Kava-
naugh failed to appear in court, and his
bond was called. Attorney Conlan ap-
pears for Nugent.
Superior Court-Civil side-Judge Robin
son.
Miss Ellen Mulligan of Congress ave-
nue.. who since August last has been
Mrs. Edward j. Fritsche No. 2. secured
an annulment Of her marriage yester-
day morning from Judge Robinson in
the superior court. On the witness
stand Miss Mulligan said that she went
on an excursion with Fritsche to Coney
Island While there, she says, he gave
ar hinr drink which at11Difia6
her and took her, while she was in this
semi-conscious condition to the home
Of a magistrate and they were married,
She left him as soon as she regained
consciousness and came back to this
city. When she arrived here she found
that Fritsche had another wife.
Attorney D. T.. Walsh counsel for
Mary Kane in her suit against the city
of Ansonia, for damages occasioned by
a change of grade in the street where
her residence is situated, demurred yes
terday to the defence to the second
count of the complaint. Corporation
Counsel G. H. Ennis of Ansonia appear
ed for the defendant, and the demurrer
was argued for over an hour. The de-
fence to the second count, which alleged
neglect, was that the city had appoint
ed a. committee to assess benefits and
damages. The demurrer set up that
the committee had done nothing al
though reasonable time (three months)
had expired since its appointment.
Judge Robinson took the papers in the
case and reserved decision
A hearing was held yesterday upon a
demurrer which had been filed in the
suits of Stoddard, Gilbert & Co. against
L. E. Stoddard, the Chapel street to-
bacconist, who was restrained tempo
rarily from selling the Handsome
Dan" tobacco mixture. Attorney Chase,
who appears for the defendant Stod-
dard, demurred to the reply which
Stoddard, Gilbert & Co. made to Mr..
Stoddard's defence and to his counter
claim. Decision was reserved.
The defendants in the case of Elton
ct al VS.. Lane, and others. made a mo-
ton to strike out portions of the COM
plant The suit has been pending in
the courts for more than ten years, and
concerns the rights of certain oyster
grounds in the town of Orange. Judge
Robinson ordered that some of the por-
lions specified should be struck out,
while others were left as before.
The motion which was made by ex-
Senator Holden for alimony pending
the hearing of the divorce suit of James
H. Mead of Ansonia against Emma.
Mead was denied by Judge Robinson.
The court, however, granted an allow
ance of $50 with which to defend. To
this Attorney c.. c. Ford of Ansonia,
WHO appeared for Mrs Mead, agreed.
On defendants motion for bond to
prosecute in the suit of James Mead
against William E. AllTng. for aliena-
ton of his wife's affections, the plain
tiff was ordered to file bond of 500