Waterbury evening Democrat., 1904-12-02
AT SHORT CALENDAR.
Large Amount of Business Was Disc
 pessd of To-Day.

The last short calendar session of the October term Of the superior court was held to-day by Judge ROraback at II o'clock 1t lasted until 1 o'clock Judgment for failing to comply with an order of court was given Attorney Edward F. Cole against Attorney Ar thur D. Warner for $5275O, a sum loaned on note. A motion to amend the complaints in the two eases of Arthur Lyman against John E, Guth- rie and George W. Davis was ale lowed, and a default was allowed in the suit of James M. Holczer against Patrick Fl. Hackett.
 The affairs of the defunct Mattatuck Lumber Co were wound up. The re- port of Senator Cornelius Tracy as re- ceiyer of the concern was accepted and a dividend of 19 per cent will be paid the stockholders.
 A matter that consumed a great deal of time was a motion that the Water town Savings bank amend the com plaint in its suit against E. II. Mai toon's bondsmen, and q demurrer In the same case This matter has been before the court for some time in one form or another and one side has said about all that could be said about the other side. At the hearing to-day, Judge Burpee. counsel for the bank. warmed up a great deal in q reply to Attorney Cole. counsel for defense. The difficulty now is this. Suit was first brought only upon one bond, which was signed by four bondsmen. Later another bond, signed by three bcndsmen, was discovered, and the bank wishes to have that boltA in- cluded as an element in its suit Nat urally there is an objection. TiIe other ryyR1n elF %TSAV la 1c N ncF fRV defense to have the plaintiff itemize a certain claim of $4,O21.
 On this last named feature, the plain tiff claims 1t is impossible, because, notwithstanding that the state bank examiners have been through the books and number of expert account ants also, they could not find whether the whole amount was taken at ont time by Mir MattoOn or whether 1t was taken in installments. Judge BurpeS asked how could anyone except Mat toon himself or maybe his counsel, tell in what portions and how the money was abstracted from the bank. He said he understood that Attorney Cole had questioned Mr Mattoon on that point before he was sentenced to the state prison and he would not tell him anything about it. How then could the bank tell?
 'sThe fact of the matter is, said Judge Burpee. flushing in the face and apparently getting quite warm, "thiS man Mattoon wants us to tell him how he stole this money. Why, that is nothing more than an affront. How can we tell? If he wouldn't tell his own counsel, surely he won't tell us, and there is no one else that we know of who has got that information. This motion is simply to delay trial. They don't want a trial and they are putt ting every obstacle in our way"
 Yet the court took Attorney Coles view of the matter and granted the motion to amend the bill of particulars as far as possible. On the demurrer the court ruled that he would allow the plaintin to file a count on each bond.
 Otis s. Northrop was appointed a committee to inquire into the, appeal of Julius Baer, Jp, North Main street, from an assessment made by the board of assessors. There was a change of grade on North Main street, below Kingsbury street, recently. and 1t has occasi0ned a, great deal of litigation. The last change was the second or the third made In few years. and the property owners were mad as matters.
 By agreement of counsel il the Iathrop case, Attorney John F. Kel logg was selected as a committed to hear the evidence in that case and then submit it to the superior court. But when MT Lathrop heard of the selec- tion he raised all kinds of objections; he would not listen to the proposition for moment. notwithstanding that his counsel considered his reasons for objecting groundless. It was decided t0 hear the case in that way in order to expedite matters, but Mir Lathrop'A objections throws it back into court again.