Waterbury evening Democrat., 1904-04-22
IN SHORT CALENDAR.
Several Cases Assigned--CrOssland-
Bell Suit for DAMAGES.

calendar in the superior court before
Judge Thayer to do very little bust
ness of minor character. The pend
ing marriage of Judge Burpee next
week interfered to some extent with
arranging cases for hearing next
week. Because of It the cases of
Michael O'Keefe against the Scovill
Manufa curing Co and Charles Nc
Hugh VS. the Connecticut Railway and
Lighting Co would have been as
signed. 1t was said the pending
marriage ought to be sufficient reason
to hold the cases over few weeks,
and Judge Thayer agreed that it was
The assignments made were as fol-
lows:
Goldkoiis, administrator, and Bau-
by, administrator, VS. the Consolidated
Railroad Co, two cases. Tuesday;
Moore's appeal from probate and Nc
earthly VS. the Connecticut Railway
and Lighting Go. Wednesday; Bristol
appeal from probate and Baldwin vs.
the city Of Waterbury, Thursday.
Two motions in the two suits of
Julia and Joseph CDrbett VS. the Con-
nect1cut Railway and Lighting Co oc-
cupfed the greater part of the bust
ness Of short calendar. The motions
the plaintiffs amend their complaints.
Joseph Corbett, a small boy, fell
through an areaway in the rear of
the brick building on the northwest
corner Of North Willow and West
Main streets. The defendant Is trus-
tee of the property, hence their posi-
tfon as defendant The difficulty is
merely technical. but lit has created
no end of argument and bother. At
torney Kennedy, counsel for plaintiffs,
claims the point of contention has al
ready been determined by Judge
Wheeler In another form, while At
torney Carmody, counsel for the de-
Tense claims otherwise. Decision
was withheld.
A demurrer in the everlasting con-
tention between the Dime Savings
bank and Paul r. McAIenney was
heard. This is second attempt to
collect on a mortgage note for 81, 800
The first case was decided against the
plaintiff after years in court and a
few trips to the supreme court. Brief
| ", the allegations in the suit are: The
late Joseph Cassidy borrowed $1,000
from the plaintiff on piece of prop
erty he supposed he had title to and
to which, in fact, the town clerk of
Merfden at the time gave him a GER
tificate. Subsequently it developed
he had no equity in the property. Mr.
Cassidy died in 1890. The defendant
was executor of his estate, which he
settled up in 1891. -Four years after,
1895, proceedings were instituted to
recover the money. Defendant was
first sued in his own individuality
Then he was cited in as co-defendant
and now he is sued as executor Thus
three attempts have been made to cor
raj him.
The only divorce case heard was
that of Mary A. Holmes VS. Thomas e.
Holmes. Cruelty and intemperance
were the allegations. Mrs Holmes
also asked that her maiden name Reel
be restored to her.
The Holiness were married on Ar1-
gust IA, 1887. Mrs Holmes said she
has been resident of this city the
last 10 years except one year when
she lived in Shelton Several times
she was obliged to leave her husband,
the last one taking place on Novem-
Der 1, 1908. A horse was the cause
The horse was given her husband by
her father and Holmes desired to sell
it. Mrs Holmes would not allow this
and she was struck by him. She then
left. A shout time before that Holmes
was out all night. When he got home
his wife asked him what had kept
him out and his answer was a blow.
After the final separation Mrs Holmes
stayed with Mrs Mary q. Taylor in
Bridgeport until she was present
able Then she came to Waterbury
and got employment in the clock fac
tory The first quarTel took place ten
years before the separation. Holmes
discovered his wife had some money
and he demanded it and because she
refused to give it up he assaulted her.
But eventually she gave 1t to him and
he lost it in business and dn drink.
Since her father died her home has
not been happy. she said Mrs Hat
tie Sandland boarded with the
Holiness when she came to Water
bury eight years ago. In almost ev-
cry respect she bore out Mrs Holiness
testimony.
Samuel Rockwell. merchant, also
corroborated plaintiff testimony. He
roomed in her house when she lived
in Shelton. Frank q. Ellis, also q
machimist. acted as peacemaker on
one occasion and helped Mrs Holmes
into the house after she had been
knocked down by her husband.
Mrs Taylor, above mentioned, was
the last witness. She explained what
Mrs Holmes meant by staying with
her until she was presentable. She
said Mrs Holmes had both eyes
BACKED when she came to her house
and she stayed with her until they
had resumed their normal color.
The petition was granted without
hesitation and petitioners madden
name restored.
Judgment by default was granted
Mrs Minnie B. Cloves against Kauf-
man Simon of New York
The case of Charles III. Grassland vs.
Mrs Elizabeth B. Bell is a suit of
brother against sister. Mrs Bell is ex-
ecutrix OF her mothers estate and as
such her brother considers she is liable
to him for certain sums of money,
amounting to 5000 in all, which he
claims to have expended upon his
mother. Attorney Gillette is counsel
for Mrs Bell and Attorneys Root and