Waterbury evening Democrat., 1903-11-14
DECIDED FOR MRS LAWLOR.
Mrs Scadden Will be Asked to
 Hand Over $1O,OOO


 1 End of Case That Has Been Fought Bitterly by Both Sides-Jury Drawn That Will Try the Nine Boys Con
 nected With Faber Switch Case. After deliberating about four hours 1 the jury in the case of LaWlor vs Scad- den reported 8 verdict for the plaintiff yesterday afternoon in the superior court The case was on trial twelve days and everybody was tired if it sev eral days ago, it was so long drawn out and tedious.
 ] The complaint was ill two counts. The first asked that the deed of the house given by Mir McGivney to Mrs | Scadden, his niece, be set aside, and also a gift of $5,OOO. The second count asked that Mrs Scadden hand over a sum of about $1O,OOO to the probate court which MT McGivney gave her few months before his death, at about the same time that he gave her the deed to the house. On the first count the jury decided for the Scaddens, and on the second they decided that the amount claimed should be handed over by her to the probate court for dis trfbution among the heirs. This was 1 the vital point in the case. It was claimed that had not undue influence been used by the Scaddens upon old man McGivney he would not have made them the gifts in question.
 AS the case now stands, Mrs Scad- den will have to hand over the S10,O0O | 4<4 41 111,A T 1S1viI I1I that money as directed by her uncle among some of his other relatives, it will be impossible for her to. collect it from them. Some of it was sent to Ireland and some to New York. In case, then, that she will not be able to I comply with the verdict, Mrs Mary A. Lwalor, the plaintiff in the case will enter suit against her, as administra trix of McGivney's estate, to recover the money for the heirs. This will mean the placing of an attachment on her house and bank account, and em- broiling her in law suits without end, so that it looks now as if the inevitable result will be the loss of all she was given by her uncle. However. an ap- peal will be taken to the supreme court so that the end is not yet in sight. It is evident, however, that no matter what way the case will result l finally, old man McGivney's money will go the way he took so much pre- caution to prevent, to the lawyers.
 The actual trial of the nine boys, Charles Thorpe, IS; Michael Ryan, 20; Joseph Kelly, 19 Stephen Ball, IT; Thomas Kenney, IS; William Costello, l IS; Thomas Quinn, 1S,. and James l Quinn p, will begin, it is expected, on 1 Tuesday afternoon. Judge Wheeler appears determined to loose as little time as possible in selecting the jury, and equally determined to keep coun- I sel up to time. Nor does he seem in- clined to take things as easy as did Judge Thayer. who heard the cases against the trolley strikers. Judge ] Wheeler refused to excuse two or three l jurymen and would not accept their reasons for inability to hear the case. Joel F. Gilbert of New Haven, connect l ed with a corporation, will remember Judge Wheeler for some time. Mir Gill bert said that on account of his con- nections with his employers he could not try the case fairly. He said as much as that he would not take the word of a foreman connec with a labor organization. On that account Attorney Hamilton asked that Mir Gill bert be excused by the court. The ! court thereupon took Mir Gilbert in hand and after asking him few ques- tions, asked him if he did not consider | the word of a labor union man as good as that of a boss. MT Gilbert said he did and the court, turning toward his minute book, said: 'I should think you would" MT Gilbert said he did not understand the question that way in the first place. He was excused, how ever. ....
 1 Of the sixty jurors examined so far most of them said they had heard of the case through the newspapers. Some of them offered as excuses for inability to hear opinions they had formed upon reading of it. Some of these opinions 1 could not be removed by evidence. Some said they would prefer not to be on the case because they feared they could not hear it, 1mpartially; some l feared they would injure the case of the accused. Not one of them, how ever, said he had formed an opinion l favorable to the accused or that he looked upon labor organizations as good things.
 The state is represented by Assist ant State Attorney Kellogg and Attor ney Durant, prosecutor in the city court. and the defense by Attorneys O'Neill, Kennedy, McGrath, Hamilton and Danaher.
 The jurors selected are: Edwin N.
 Clark farmer, Bethany; Lucien Merri- man, tax collector, Branford: Henry
 H. Mack, harness maker, Guilford j; ] Irwin B. Chittenden, farmer, Madison; Dwight Coe. farmer, Madison: Newton
 H. Snow, farmer, North Branford; i;
 Elijah B. Treat, farmer, Oxford.
 MANY WITNESSES. .r ! St Petersburg, Nov 14.-About 5000