Waterbury evening Democrat., 1904-10-14
IN SUPERIOR COURT.
Judge A. I. Roraback Heard Attor.
 neys Aramrments To-Day.


 neys Arguments To-Day.
 With Judge Albert T. Roraback of Canaan on the bench, the machinerysof the superior court was set in motion this morning at Il o'clock. The first short calendar session of the term was held and it was very brief. Regarding the criminal business which comes up next Tuesday morning at 10 o'clock, from appearances now the criminal term will be very short He did not think there will be many trials. The only case of unusual importance on the list is that of David o. Marsh, who is charged with perjury. If there is trial of that case Mir Kellogg asked for a special assignment and a special jury.
 In response to Mir Kellogg, Attorney OANeill, senior counsel for Marsh, said he could not state whether or not there will be a trial. He has con- ferred with his brother attorneys in the case, in fact, had a number of con- sultatfons with them about the matter, and they came to no agreement. He did not see how Attorney Kennedy could attend to 1t because of his inter. ests in the election. However, he said there will be another conference to- morrow and he expected that by Mon day he may be able to definitely in form MT Kellogg whether or not there will be trial
 Attorney Guilfoile made motion for the continuance of the case against Michael Della, who is charged with assault with intent to kill. He said Della is a farmer and has lived here about fourteen years. He was held first in S2,5OO bail, but the injuries in- ficted upon the other party in the as- sault turned out to be less serious than was expected The bail was accord ingly reduced to $1 POO.
 Do you apprehend the man win go to states prison?" asked the court.
 MT Guilfoi1e said he did not think so, but it was to prepare for any emer- gency he asked that the case be con- tinued Della is the only support of his family and he wished for time to prepare them against any contingency. He has been at liberty on ball since early in July.
 Replying, MT Kellogg said that for the past ten years 1t has been the pol icy of the states attorney to insist and it has the effect of greatly de- creasing them. Only one or two cases of the kind have come before the court during the past year. The row, he said, occurred in saloon over cards, and stilletto was used.
 The court did not think the reasons advanced were sufficient to grant the motion. It was accordingly denied.
 Two weeks were allowed for filing answers in the suits of Arthur c. Ly- man against John B. Guthrie and George W. Davis. A motion for de- fault by the same plaintiff against Le> roy E Humphrey was continued.
 As there seemed prospect of set tling the contention between the city and the Connecticut Railway and Lighting Go over right of way under the railroad bridge in Oakv1lle for the company's tracks, the matter was con- Hnued two weeks.
 On account of the absence of Judge Burpee, hearing on an application for suit money in the case of Elizabeth S. Lathrop against Edwin U.lLathrop was continued to next week.
 The receiver for the Domestic Pie Baking Co, E. R. Perkins was granted an order to bring suit to recover cer- tain property.
 Attorney Kelley asked for an addi. tional order of notice in the divorce suit of Thomas E. Windsor against Frances l.. Windsor on the ground that her whereabouts are unknown. MT Kelley was informed that she is stay ing with her people in Guilford. Per sonal service will be attempted, there fore.
 Hearings on motions in the follow ing cases were continued: Margaret Bowling against Mary Lacey, the Dime Savings bank against Paul E. McAlenny, John Flynn against the Connecticut Railway and Lighting Co, Andrew F. Ketcham's appeal from probate, Thomas Flanagan against the Scovill Manufacturing Go, and the Wa tertown Savings bank against Burton H. Mattoon.
 One week was allowed for the de- fendant in the suit of George A. Gray against St Patrick's church to file an answer. The only matter argued was a demurrer in the oft discussed case of Post against Post.