The daily morning journal and courier., 1898-06-15

$20.2S costs. The case of s. Kalezliy, who was arrested on similar charge, was nolled upon payment of $17S6 costs.
 Julius Schorer, Albert c. Harrison, John T. Cross, Edward J. Bulkeley, Andrew Glynn and George Tufts, ar rested for riding bicycle on foot path, were discharged, Seth M. Milf ken was fined $2 and S4,35 costs for riding on the sidewalk,
 George Hull, member of the heavy artillery, on a furlough here from Mi antic, and Mary Pearle, were each fined $9 and $6 costs for improper con- dust. Hull went to jail.
 The case of Frank Smedley, charged with assault upon Frank Coleman, was continued on request of Attorney David E. Fitzgerald, counsel for the accused, until to-day on $200 bonds,
 The $100 bond of Patrick Moran was called, he failing to appear when his case was called. His bondsman is John J. Hogan. Moran was on Mon day fined $20 for beating his son.
 Cooper Wood and Henry H. Porter were fined each $2 and S4,1S costs for playing ball in the street. The case of William Loomis, charged with steal ing $1 from one Mason, was continued until Friday.
 TO CONSTRUE A WILL.
 The supreme court of errors yester- day heard the case of Burton Mans field, trustee, against Magellan r. Mix and others, for a construction of the will of Anna M. Mix of Westville, who died iii 1874.
 When Mrs. Mix died she left her property divided equally among five children, two of whom were minors. | Their parts were held in trust by John w. Mansfield and Charles Peter son. Since their death Burton Mans field has held the property in trust. Ernest Mix, whose share in the es- tate is held by MT Mansfield, now asks for his share of the property. MT. Mansfield claims that the original trus- tees, now dead, were the only per sons, according to the will, who are able to give Ernest Mix his fifth share. The will had provision that the share of the minor children should be held in trus tuntll they had reached years of sobriety" The original estate was valued at s15,50O.
 Attorneys for the trustee con- tend that the property should be held in trust for the use and benefit of Ern- est for life and upon his death be dis tributed as an intestate estate.
 APPOINTED ADMINISTRATOR
 Judge James Bishop was yesterday appointed as administrator of the es- tate of the late Benjamin Tyler Henry, the inventor, by Judge Cleaveland The most valuable thing left by Mir Henry were two patents, consisting of troll ley car wheel and a carriage axle. Both are said to be especially valu- able MT. Henry was the inventor of the heavy Winchester rife. He leaves besides his home on Audubon street a piece of property in Fair Haven James A. Church and A. D. Sanborn are the appraisers.
 THE TRIP HAMMER CASE.
 The injunction and damage suit of Carleton E. Hoadley against the M | Seward Sons Co. of Bristol street was continued yesterday before Judge Elmer of superior court Several witnesses,res- idents adjacent to the factory, testified for the defendant that the noise and vibration from the factory did not trouble them. E. c. Beecher, real es- tate dealer, placed the valuation of the Hoadley house between $7,000 and $S,- 900, and added that the disturbance from the factory would make no differ ence in his estimated price.
 Charles l.. Ayres testihed that he slept in the day time from t0 a. m. to D. m. and that the noise and gases complained of did not disturb him.
 Frank Seward stated that the weight of the hammers have been reduced about 50 per cent, of 6,000 pounds.
 The taking of evidence was finished yesterday and the arguments will be- gin this morning.
 | VERDICT FOR cox S HENZE.
 In the suit of Cox & Henze against William Reuter- and wife to recover $109.15 funeral expenses for the burial of Daniel McMullin, in the common pleas court yesterday morning Judge Studley rendered judgment for the plaintiff for the full amount
 AZZARO BOUND OVER.
 Antonio Azzaro. the alleged Italian oounterfeiter, was yesterday bound over to the United States court in the sum of s2,50O and in default of bail was sent to jail The hearing was be- fore United States Commissioner Wright.
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