The daily morning journal and courier., 1898-07-20

9Oho NIlp SOulN IlOl bC lSCtIlGlI uli~ til after the death of Fl. and there be- Ing no grantee in esse capable of talk ing a present estate, the deed was void.
 Action of Court Harmony, No. S,191, Ancient Order of Foresters, against Court Abraham Lincoln, No. 7,974, A. O. F. Appeal from district court of Waterbury, by defendant in judgment for plaintiff by Judge Cowell, Af- firmed. The points decided are:
 Requests to charge which are inap- propriate to any issue of fact in a case are properly refused,
 3. General Statutes, section 979, pro- vides for the bringing of suit against voluntary associations, and section 1,l69 allows judgment to be rendered and execution issued against them, Held, that, since such an association could be sued, it had power to compro- mise suit against it, and @ note given for such purpose was not illegal nor contrary to it's bylaws and was based on a sufficient consideration.
 JUDGE ELMER'S DECISION IN A
 LIBEL CASE.
 Judge Elmer of the superior court ileto lllttuC pupllC lIlc lIlI lV%Nl oL iiNAli'- randum of decision in the action for libel brought by Victor M. Well and A. K. Kennedy of the Derby Transcript against James M. Emerson of the An sonia Sentinel to recover $10000 ($5,OO0 in each easel damages. The court
 awarded $25 damages to each plain tiff. The memorandum is of interest
 not only to newspaper readers and makers, but to all by reason of refer ences to situations of years.
 The memorandum reads: Tn the above entitled causes which by agree ment were tried as one case, except in the application of certain testimony in
 one case, which was not used in the
 other, in action for libel the de- fendant is charged with the publication in his newspaper, the Ansonia Sentinel, of false and malicious utterances in various issues of that paper.
 ''The hearing was had in damages, upon default suffered by defendant in both cases, therefore publication of all legged nbelous matter was admitted
 Tn defense, under the notice required
 by law, the defendant claims to dis prove certain counts in plaintiffs com plaint, and justification on his part in that the publication charged was in fact true, and that plaintiffs published the same in good faith believing them
 to be true, and without cause.
 Tt appears from the weight of evil
 dence submitted that plaintiffs were
 themselves connected with another newspaper, the Derby Transcript, one as editor and the other as manager and as solicitor of advertisements for the said journal; and that the contention here to certain extent has it's origin in a newspaper controversy between the parties in court out of which by careful consideration it is difficult from the exhibits submitted to determine which is the more ambitious and in- tense. These are good papers in the
 main, undoubtedly, and benefit to the community in which they exist But in the heat of this dispute the | mutual interchange of sulphurous and vituperative compliments has hardly
 been excelled since the stirring days of the great Blue and Buff election con troversy between the papers of the re- spective candidates, so graphically de- scribed in the journal of the immortal Pickwick.
 'The press is a power in the world which in most instances is exerted with great benefit to mankind; but once ir | a great while as in this instance it is exerted with more zeal than prudence; | therefore as to the above characteris- | ties of the cases as appears in evidence the contending parties are about even i "As to the defense of justification sci | up by the defendant, the latter claims | that he acted in good faith and not ir malice.
 T am of the opinion that the defend
 ant has sufficiently proved justification | to relieve him from substantial dam ages.
 Nominal damages may be assessed 1 in favor of each plaintiff Kennedy and l Well in the sum of twenty-five (S25, ,00) | dollars and to each his legal costs. | Elmer, Judge" | HILLS ASSAULT CASE. In the superior court yesterday al | Il o'clock the case of Stephen and | Carrie Hills, charged with assault witt | intent to commit murder, was reopen. | ed. Dr. Daggett of this city testified | that the victim of the assault, Nihron | was unable to be present and complete his testimony. MT. Williams asked | that his evidence be ordered stricker out and that the case proceed. | Judge Blydenburgh, for the defense | objected to a continuance of the tria l under the circumstances because of the witness having been in court and hay | ing testified without giving the defense opportunity for cross examination. He l contended that the jury, even with the l evidence stricken out, could not free itself from impressions of the testimony l of the absent witness.
 In reply, MT. Williams claimed that | the witness having given preliminary | testimony only, could not be regarded or contended by the defense.
 Judge Roraback decided that he | would strike out the evidence and cau- | tion the jury not to consider it.
 1 The defense took exception to the rul. | ing and made a motion to quash the | jury panel The motion was denied, as l was also one to postpone until Mirror could testify. Then the state put or