Waterbury evening Democrat., 1906-04-02
MRS JACQUES IN
 PROBATE COURT
ASKING THAT JUDGE COLES
 TERM AS GUARDIAN END.
The Judge Stoutly Resists Efforts to Fire Him--Attorney Russell Fired Hot Shot at Cole-It Was
 Returned With Interest.

l @AS A@4AA 4AtGoAAVS AuooCll T llEu
 Hot Shot at Cole-It Was Returned With Interest.
 One of the liveliest hearings held
 in the probate court in some time 1 took place this morning upon the ap. plication of Annie Louise Jacques
 widow of the late Jean Jacques
 asking for the removal of Judge F.
 F. Cole as guardian of the minor child, Marie Mercedes, of the de. ceased.
 It will be remembered that NJ. Jacques left no will, but insurance policies aggregating 5000 which he had on his life were all payable. tc his only child. Il years old. Judge | Cole has been administrator on the minor child, with the approval of the | widow.
 1 The court awarded an allowance | of $15O a month for the support Of | the family. Judge Coles contention is that $150 is for the support of mother and child and that the trust fund of 5000 should not be touched. Mrs Jacques, through her | attorney, James E. Russell, contends that Judge Cole as guardian is re. sponsible for the child's support and maintenance. The nurses bill was recently presented to him and he rc fused to pay it, claiming that the | widow should pay it out of her al lowance. Application was therefore brought for his removal as guardian The hearing began this morning at 10 o'clock before Judge Lowe Attorney Russell charged that Judge Cole was an absolutely unsuit- able person, neglectful of his duty as guardian and devoid of all interest in his wards welfare.
 Judge Cole retorted that he was determined to keep the 5000 intact for that child, claiming that Jean Jacques had lost $50,000 or $75,00O since he was married, and if his widow had the handling of this $9,- 900 the child would eventually de- rive no benefit from 1t. Judge Cole claimed that MT Jacques always trusted him implicitly. On hearing this Mrs Jacques exclaimed:
 If MT Jacques had so much con fidence in you. Judge Cole, why did he refuse to keep the formula for ginger ale in your safe?"
 Why, said Judge Cole, that for mula was nothing but so much jar gon to me-"
 Judge Cole demanded that peti- tioner set forth more specifically just in what way he is unsuitable and in what manner he has neglected h!s duties as guardian. T want to know" said he, "wheth- CT they are charging me with steal ing whole suit of clothes or only a coat. Brother Russell" said Judge Cole, you are simply talking here for effect, performing a grand stand play to the gallery"
 "Is that so," replied Attorney Rus sell. "I was in this case for two months trying to settle it on the quiet. but you baked every peaceful move. You had your spectacular performance in the court and through the newspapers on Saturday; lit is now our turn. l have my clients here this morning and they wish to meet you under oath and see to what truth there is in these wild express ions of yours"
 Why, Brother Russell" said Judge Cole, when I heard you rep resented Mrs Jacques I thought here was a good opportunity to settle this thing amicably. 1 thought it would be just like putting on a new whet- stone. but instead of that you have made mountains out of mole hills. The only question before this court is as to whether l am an unsuitable person or not to act as guardian, and say right now that will use every endeavor to save intact that s9,0eO for the child for the sake of her father. knowing the love he bore her. and her support must come out of that allowance of s15O a month given to the widow out of the estate. This thing cannot be settled for year or two anyway, and any man who knows anything knows that a serious misstep will knock theatrical values higher than a kite. have person al interest in the Jacques theater fur s75,0OO and it is to my interest to make the estate solvent if possible"
 Judge Cole did not put on any witnesses, while Mrs Jacques mother and Miss Carter from Phila- deIphia appeared for the plaintiff. The child did not appear in court
 Mrs Jacques claims that she was the means of having Judge Cole ap- pointed guardian over her child with the understanding that he would re- sign in a short time and have her ap- pointed. She was so prostrated with grief after her husbands death that she was unable to attend to her af- fairs and says that now Judge Cole. according to his word. should TO- sign. Judge Cole denies these ss- sertions and says as the case con- eerns his rsputation he will fight it to the end.
 This cross fire vas continued for almost a couple of hours Finally rs.s Aws mhWTF