Waterbury evening Democrat., 1904-04-20
SUPERIOR COURT IS IN
 SESSION ONCE MORE,
Slight Mxup in Assignment of Gas es This Morning.. Property Case of Cole vs Jerman the First Called 1.-The Smith Divorce Case Was Taken up This Afternoon--Parties Interested in this Belong in WatertoWn.

The attorneys engaged in the cases set down for hearing to-day in the su- perior court did not know where they were at when court opened at 10 o'clock. On account Of the Hoffman dlvorce case taking precedence yester- day the assignments were rather com piicated. Over a score of witnesses from Watertown were present expect ing the Smith contested divorce suit would be called. Attorney O'Neill wanted the case Of the Operative Saw 1ngs society against F. J. KingsbIlry and George J. Schindler, Jr, to be put on. Attorney Bronson objected, claim ing he was unable to Communicate with the actual defendant, MT Schind Ter. That MT Schindler was afraid to come to town thinking he would be ar rested for what, or how he got the idea, he could not say, but surmised it was on account of his removing his child, Leroy. from tle custody of the child's grandmother. Mrs Nelson Flanigan, to Rochester, N. Y Mrs Flanigan went to Rochester and took the child from school and brought him here. She then had herself appointed his guardian, and has him now. Schindler is ern- ployed at Niagara Falls.
 The Crossland vs Bell case was not ready and things in a general way were all mixed up It was finally de- | termined to proceed with the Cole .vS Jerman case and the Smith case to fol- 1 low.
 Attorney F. F. Coles's case against Harriet Jerman as administrative
 on the estate of her husband, the late l William M Jerman, was then
 begun before Judge Thayer. MT Cole sues as guardian of
 Bertha Forrest Wood, a minor, daughter of the late Albert Belmont and Almira Forrest, for $2,000 dam
 ages, a permanent injunction against l the administrative from Interfering with certain property at Walnut Beach
 Milford, an accounting of the rents
 and profits of the same from 1899, and
 a decree setting aside the deed of that
 property to Nora Herman. MT Bel l mont bequeathed certain part of his
 estate to his daughter and appointed
 MT Jerman executor of his estate Ac- ] cordfng to MT Jerman's account of the l estate as filed in the probate court it showed that it amounted to S1,792.47. MT German lived in Middlebury at one time He was granted an order by the probate court to sell land belonging | to the estate, situated in Milford and Branford and it is alleged in the com I Dlaint in the case that in his final re. port of his mana cement he did not ac. count for the sale of this property. MI Jer1nan died Anugust 13, 1903; and his widow was appointed administratrlx on his estate. On the count filed the case is entered against MT Jerman, but by agreement of counsel his widow l was made the defendant.
 T Attorney Cole appeared for his side
 of the case and Attorney O'Neill fol Mrs Jerman.
 I A. Fl. Hauser, son of Christian I Hauser, and Judge George IF. Cowell testified to the value of the piece oi
 property in Milford which is the par
 ticular piece of property in Walnut
 Beach. This consists of 8 cottage and I is inventoried for 5000. MT Hausel
 said it ought to rent for $400 year and Judge Cowell agreed with him. Clerk Cassin of the probate court testified to the proceedings there an6 I then Mrs Wood took the stand. he l lives in Naugatuck, her age is 20 and she has been married two years. She l lived with her father in Oakville wheI he traded the Milford house which be
 longed to her and the Oakyille prop 4 erty with Mir Jerman for farm 1T A1iddlebury. In his will her fathel l gave her $1 ,0O0. and one half the farm
 Her stepmother got the other half o1 the farm One daughter resulted frolI ,l her fathers second marriage. She
 said she never was told anything about the settlement of her fathers estate
 She did not get the S1,000 he had Jeff
 her or the one-half of the farm or its value, in fact not a penny did she re
 ceive from the estate After Nil Jerome's death MT Cole was appointed
 her guardian.
 !; Mrs Jerman testified she had tall with her husband about the proceeds from the cottage and she read from { . paper showing they amounted to $250 from 1900 to 1903, and the average an nuaI municipal expenses were SIS. The Milford cottage belonged to tbs 7 daughter, her mother having left it tt her, and MT O'Neill claimed the be quest of S1,O0O was made by tht
 daughter as compensation for depriv ing her of that property
 Mrs Grace Jackie was the final wit
 ness She merely corroborated he s mothers testimony.
 Mrs Germans estate amounted tt S1 .9o6. 50.
 Decision was reserved.