Waterbury Democrat., 1901-12-23
CAUSED BY A HAT.
A Hot Time In The District
 Court To-Day
ATTORNEY KENNEDY INsULTED

Judge Cowell Refused to Give Him Any Redress-Witness F. E. Merri- man Alluded to Senator KennedyS
 'Fiery Red Mouth"-Clash Came ae
 Trial of Gilmartin- Derwin Case.
 The fun which has had considerable sway in the suit of Catherine Derwi1 against John Gilmartin ct ux gave way to-day to very serious state of af- fairs, ill which Judge Cowell, Senator teller in the Waterbury Savings bank, figured. The case was resumed in the district court this morning for the third time. The "fiery red feath- err which Mir Merriman testified ia having seen in Mrs Gilmartin's hat OF August 19, 1899, the occasion on which it is claimed she drew q sum of tha defendants money from the bank, tig- ured all the morning very prominently in the proceedings, and furnished a good deal of fun. Bridget Lyons, q niece of Bridget DerWin, whose fnoney 1 it is that is in question, made a miss 1 take in calling an ordinary bank note ] or dollar bill check. The miStak9 called forth the anger of Judge Coweily I who apparently could not see now such I mistake could be made. Senator | Kennedy, counsel for the Gilmartins, stated that the witness and her friends were accustomed to call bank note a check and to prove it he had the clerk furnish an ordinary blank check. This | with a bank note was shown the Wits ness and she was asked which of tha two was like the paper she received at the bank, she having testified to drawing money from the bank. Sha immediately said it was like the bank note. Some controversy between courl- sel over ':$25 bill'' then ensued, Att torney Bradstreet remarling that the bills of that denomination were new i to him. The day witness drew the money she wore 8 brown hah trimmed with brown ribbon and brown velvet. i She never wore a read hat in all her life" She was certain Mrs Gilmartin never wore red hat, nor any hat with
 9 fiery red feather" in it. And to fur ! ther prove this Senator Kennedy vans
 ished for while, reappearing with 1 hats wrapped up in q bag. Some Wero black and some were black and white. l The millinery was accordingly put in
 evidence. Attorney Bradstreet could not see why q hat Qady's hat, of ! course,) with black and white rrim- mings, but mainly black, should be
 called q black hat, but according to Miss Lyons this is the custom. Tho l hats were stated to have been Mrs I Gilmartin's at different times and wers i accordingly marked as exhibits and chs i tered as evidence. All this while there was going on a good deal of good ra- i pri1 aIa an1tf fnr l1ui aY1d
 materials they were made Of. Attor- ney Bradstreet professed q delightful l ignorance.
 l ''I see you're not up in hats" re- ] marked Senator Kennedy, mo mora than you are in S25 bills. But we'll show you lots of hats and lots of $25 bills, too.''
 Patrick Lyons was the next witness i He testified that his fare was paid from Ireland to this country by his aunt, the deceased Bridget Derwin. and that two days after his arrival l here she gave him $150, as he was her ] only nephew in this country. He testi- l fled that his parents in the old eouTl- try always received sums of money from their relatives i'll this. To further
 prove this, because Attorney Brad- street objected to it, Senator Kennedy I Lyonss deposition from Ireland. Ha
 further stated that lie had found only three of the coupons of the money or- ders in the local postoffice because Of
 the craglped facilities for keeping such
 records. He will prosecute his search in the postal department in Washing- l ton.
 Mrs Gilmartin was recalled to the stand and identified the hats as hers. She bought them all at Chase's, sha said, and none of them was eyer orna4 mented with a fiery red feather. Ali l this juncture occurred the sensation ill which the above mentioned figured. Mir Merriman, who had been negli- I gently sitting in q chair near Attorney TBradstreet, straightened himself and
 denied he had ever said the words ssfiery red feather" S.rhat,' he cons tlnued, scame out of your fiery red mouth" The effect of the remark was instantaneous. It was an insult. Nothing like it had ever before hap- lpened iT a court in Connecticut-a spec-s
 tator of witness insulting an attorney. ] m officer of the court. Judge CowelI blushed. The offense was up to him. Senator Kennedy rose from his chain
 and quietly asked that MT Merriman be reprimanded and punished for cons
 tempt of court.
 Judge Cowell said q few words of
 mild reproval to Mir Merriman. This
 did not satisfy Senator Kennedy, who thereupon demanded that Mir Merriman
 be punished for contempt of court. He
 said that such conduct would not be
 tolerated in any other court in tho
 state. Unless it were punished it was
 an insult to the court. He asked if
 MT Merriman's word was to be given
 more credit than that of a servant girl.
 Think of the reprimand you gave that
 servant girl" said Senator Kennedys
 flor merely making a mistake. Is he
 to be allowed 10 go unpunished 2"
 Judge Cowell refused to take any fur-
 ther steps in the matter and Senator
 Kennedy requested that the stenogra~ Epher record in his notes that he took
 exception to the courts refusal to fina -I Mir Merriman for contempt of court The record was taken and the casa proceeded.
 TEPONTT ATT L,AKEVTTT.E