The daily morning journal and courier., 1898-07-13

 of authority between state and the fed eral courts arose in the late civil war, from the enlistment of and detention in military service of minors without con- sent of their parents or guardians, held under color of authority from the fed eral government. The rule was then well established which was still in force: That in cases of persons held under color of authority from the fed eral government, state could could and should not discharge upon habeas corpus, at the instance of his parents, minor recruited under the lawful age
 "The case would be far different if it appeared that this minor had enlisted in the state militia without his fathers consent.
 Finding this return to be true, this court is of the opinion that it can go no further, and I therefore discharge the writ"
 SLINEY'S CASE ARGUED.
 The trial of the forgery case of David | c. Sliney was continued yesterday. The defendant took the stand yesterday morning and offered an alibi claiming that he knew nothing of the transac- | tion of which he is accused and was not the man who gave the messenger boy | the forged order and check for the cl- gars. The opening argument for the state was made by r. H. Goldbaum, who assist State Attorney Williams. He was followed by Lawyer Conlon. Ex- | Judge Blydenburgh, also representing the prisoner, was speaking when court adjourned at o'clock, and resumed his argument at o'clock, being followed by State Attorney Williams for the | prosecution.
 | HE MARRIED HIS AUNT. | Fred Veilleux and Miss Addie Jas min of Putnam have been bound over l to the superior court in the sum of $500 | for marrying within the prohibited de- | grees. The woman is the groom's aunt ] The ceremony was performed by Rev. l F. D. Sargent pastor of the Congrega- l tional church. Veilleux had a license | properly made out by the town clerk, | but did not tell all the facts concern ing the case The bonds were furnish 1 ed by Veilleuxs mother and George Farley.
 SUIT FOR ASSAULT.
 w Oll JdCuDSOIls d SuOc dStlSl, yC0ICA day morning filed in the city court mo- tice of suit against Max Robinson, a | Congress avenue feed dealer. Jacobson claims that Robinson struck him with a chair badly crippling him. He claims $500 damages for assault and battery. Lawyer Benjamin Slade represents Ja- cobson in the suit It will be tried in l the city court on July 21. | WARNER WILL CONTEST.
 The hearing upon the contest of the will of the late Caroline Warner of Westville was resumed yesterday morn ing in the probate court Norris B. Mix | of Hamden, who was named for execu- tor under the will, was examined at some length by Attorney H. G. New ton. It is claimed that undue influence was used on the part of MT. Mix and a daughter. Miss Warner was seventy nine years old when she died and left about s10,000
 Court of Common Pleas Criminal Side
 In the court of common pleas, crimi- nal side, yesterday morning John Cree gan, saloon keeper, pleaded guilty of having sold liquor on Sunday, June 19 | duu WdS uIeu Sl0 ana COSCS.
 Alphonso Salvatore, alias John Sulli- van, did not put in an appearance and his bond was forfeited.
 Peter Gormley of Meriden entered a plea of guilty on the charge of assault and the sentence of the Meriden court $7 and costs was confirmed.
 Two liquor cases which were assign ed for trial went over till next Tuesday in the absence of Attorney Hamilton Prosecutor Gum has business on hand which will occupy the court for the rest of this week and probably a part of next.
 City Court. Criminal Side, Judge Bishop.
 Joseph Mclaughlin of T Putnam street was on tritl in the city court yes terday morning before Judge Bishop on the charge of resisting Patrolman Si- ] mon Streit of the Howard avenue pre- cinct on Sunday, June 26. The penalty was made light, and fine of $5 i'm posed.
 Paul Daldo, Branford farmer, was in court charged with non-support Judge Bishop ordered that Daldo give his wife $1 a week. which would be the l her If she secured support from them The costs in the case were remitted
 Frank Fernino and John Arnone were sentenced to aterm in the reform schoo for breaking into the store of Frederick Buchholz. On the same charge Angelo Lancello was discharged, and the cases of Ambertus Esposto and Frank Mura- no were continued until September or their good behavior.
 William Saars, John Crowley, Fred erick Quinn and Daniel Foley were be- fore the court on the charge of breaking into the store of Frank E. Hall on the corner of Grand avenue and James street on the night of July B. All the cases were continued and some further investigation will be made.
 A DIVORCE GRANTED.
 Judge Wheeler yesterday granted a divorce to John Schwab from Maggie Schwab on the grounds of adultery. Both parties are residents of New Ha- l ven.