Waterbury evening Democrat., 1904-09-23
sTHE DISTRICT COURT.
The SimOns-Peaslsy-Kelsev Case
 Continued Again Until monday

| Continued Again Until monday The contention between Attorney Byrne, representing Andrew B. and Julia A. SimonS, husband and wife and well known in SimonsviIle. and Judge Peasley and B. K. Kelsey, as administrator, came up before Judge | Burpee in the district court this morning. Attorney Byrne asked for permanent injunction restraining Judge Peasley and his client, Kelsey, from pressing certain foreclosure pro- ceedings against the Simonses, and also to reopen Judgment given l against them and to Kelsey last Jan- uary.
 On account of the feeling between the attorneys Judge Cowell threw the responsibility of hearing the matter on Judge Burpees shoulders, he hay- Ing been through the late war at l Manassas.
 The trouble began on November 2S, 1903, when Judgment for foreclosure was given to Mir Kelsey against the Simonses and law day appointed for January 4, 1904. On January II an- other judgment was given against them to cover an alleged discrepancy between the amount of the mortgage and the value of the property fore closed. On January q execution was taken out and eight days later Sheriff Gillette returned that execution un- satisfied. Thereupon Judge Peasley put Judgment lien on about $25,0O0 to protect the Judgment given on January ii and 1t was to reopen that Judgment this motion was made. Damages of $1.000 was asked for.
 It was alleged by Attorney Byrne that the Simonses deeded on October TIT, 1908, piece of property to MT Kelsey as administrator on the es- tate of Edward Scovill, by which all claims were to be considered as paid, and that notwithstanding that agree ment, and the property in possession of Kelsey at the time, he brought the proceedings mentioned and complain ed of.
 Attorney James A. Peasley was then sworn by Attorney Byrne and closely examined. His evidence was to the effect that 1t was MT Simons who suggested the deed be given. Witness drew 1t up at Mir Simons's home and had it recorded He could not recall his brother, the judge, say ing anything about recording the deed. Nor had he any instructions to have it recorded, yet 1t was himself who took 1t to the town clerks office. Witness was paid for recording the document and he was afterwards paid from MT Kelsey's account as admin istrator. After MT Byrne had insti- tuted the proceedings for an injunc- tion, witness and his brother had conversation in consequence of which he got the deed from the town clerks office, yet he had no instructions to get 1t. Witness made no charge for going to Simonsville to draw up the deed. Later MT Kelsey repudiated the transaction of the deed, preferring to get money, as the lot was not worth the face of the mortgage Wit ness then went to MT Simons and told him 1t was all mistake about the deed. He did not suggest that the property be deeded back to MT Si- mons. It was only a few days ago he got the deed from the town clerks office.
 Attorney U. e. Church then read a deposition made by MT Simons, as the latter was unable to attend court, owing to the infirmities of age. Tn this document MT Simons deposed that he borrowed $400 or $500 from MT Kelsey some years ago and gave his as security mortgage on lot. He knew nothing about the proceed ings instituted against him by MT Kelsey and thought that all matters between them were ended since he gave him a warranty deed which took up the mortgage, instead of a quit claim deed, but the next thing he knew was done was that "a lien was put on all Gods creation down here" by which MT Simons meant that lien had been put on about $25,OOO to protect judgment for $172. There was suit for foreclos- ure against him at that time in the district court, but he was not aware of 1t.
 A deposition in similar strain by Mrs Simons was then read.
 Mir Kelsey testified that he gave no authority to anyone to accept deed from MT Simons, and that before he gave MT Simons the loan he had the lot appraised. Some months later he was informed that the security was not what it had been represented, yet he did not bring suit, until two years later. At this point court adjourned until 9:80 tomorrow morning.