Waterbury evening Democrat., 1904-04-19
IN THE COURTS.
Hoffman Divorce Suit on To-Day-.Botelle Wants
 Damages.


 last of the jury business having been disposed of last Friday. The case of Attorney E. F. Cole, guardian, vs Will liam w. Jerman, went over, counsel being engaged in the supreme court, and for the same reason the contest ed divorce case Of Hannah J. Smith vs Truman J. Smith went over also.
 The only case ready was John w. Hoffman vs Katie Moran Hoffman, a contested suit and a cross suit for di- vOrce. In HoMman's case cruelty and infidelity were alleged and in his wife's case cruelty alone was said to be the disturbing element. Attorney McGrath appeared for Hoffman and Attorney Seery for Mrs Hoffman. The parties were married on October s, 1891. and two children were born. The percentage of the last. which yelled as only baby can yell when it ought not to yell, when court opened yelled itself in it's mothers arms to blissful inconsistencies of the contention waging around it. The other child, a girl of about ten years, sat near Mrs Hoffman.
 Dr E. w. Mcdonald testified to the birth of the child taking place August 21, 1903.
 Hoffman was the next witness. He said he has been employed by the Springfield Electric Car Manufactur- ing Go during the past two years. Twice he left his wife. He objected to her keeping company with other women and on the occasion of the birth of the first child seriously ob- jected to the presence of her brother in the house. On account of being of different religious persuasion he could not get along with his brother-in- law and told his wife one of them would have to leave the house and he left.
 His second departure was occasioned by her cruelty. She struck him with chair he said. He was afraid of her and one morning while at break fast she stood behind him with a knife in her hand. On March 10, 1903, he returned to town, but did not stay. Since he went away in 1902 he has been sending her $2 week by or der of the court. She charged him with unfaithfulness.
 Bessie Kinon, Elmer Clairmont and several others testified for the com plainant. Clairmont is a fellow work CT of Hoffman.
 
 Mrs Hoffman, her sister, Mrs Mary Clarke, and May, Mrs Hoffman's daughter.
 Mrs Hoffman got beyond the control of her counsel in her indignation at the accusation. and her daughter May was a strong witness for her. Mrs Hoffman denied she was ever at Mrs Kinon's house and in this she was supported by May, but Mrs Kinon and her husband said she was ire 1 quently there, sometimes two or three times a day The Hoffmans and the IIinons lived at 449 West Main street. Regarding Mrs Hoffman's allegation of cruelty she told Of various alleged l incidents. Hoffman based his evidence on the entries in a number of diaries which he has been keeping for some l years.
 l The court said it was an unfortun- ate marriage and that the evidence of May, the little daughter, was unreli- | able because of her age. The evil dence of the Kinons, on the other hand, seemed to be conclusive. HOff- man seemed to be weak kneed man. His leaving his wife after the first | child was born indicated that he was a cold, worthless fellow. Evidently both would be better off separated; that the children would be so there could be no question.
 1 A decree was granted Hoffman. In the district court to-day Judge Cowell heard the case of John D. Bo- telle, an auctioneer. against the bor- ough of Bristol for $2,000 damages. MT Botelle's claim was that while walking through Bristol one evening some time ago, he stepped into hole in the street, sprained his right ankle, hurt his knee and received other in juries that cost him good deal in l money for doctors and medicine, while the cost to his feelings in pain and his consequent inability to attend to his business could scarcely be reck- oned
 The defense was that the borough of Bristol is not responsible for acci- dents that occur on its streets, for it 1 is responsible only for the care of the l sidewalks, and that the culvert or bridge through which MT Botelle's foot went was put up by private |