Norwich bulletin., 1909-05-26
SUPERIOR COURT.
Hearing in Civil Action of St. PauPs Church vs. Executors of Mrs. Boardman's Estate.

copal church and Richard D. Hatch vs. William T. Fields and Burton Mansfield, executors of the estate of Lucy H. Boardman of New Haven, oc- cupied the full days session Tuesday of the superior court with Judge Joel Fl. Reed on the bench, and was tried before a jury.
 James Cochrane of this city was ex- cused from jury duty, as his daugh- ter is an attendant at St. Paul's church. This jury was empanelled to sit upon the case: J. R. Carpenter, Charles McDaniels. Benjamin Rus sell harles s. Hyde Henry ECaton, Thomas Bradford. Frank w. Congdon, James Downey, l.. w. Trowbridge, Newton B. Clark, W. W. Vaughan, Caleb Anthony.
 The plaintiffs were represented by Seymour and Day of Bridgeport, and Burton Mansfield appeared for one of the defendants and James B. Wheeler of New Haven the other.
 Trinity College Must Not Be Repre-
 sented
 MT. Mansfield stated that Attorney George Beers was present and as a representative for Trinity college would like the privilege of being made party to the suit This was ob- pected to by MT. Seymour, and the objection was sustained by Judge Reed Then MT. Beers sought per- mission of the court to be made party to the suit. Mir. Seymour again objected, stating that the supreme court had refused to allow Trinity college to be made a party to the case. Mir. Beers asked the court. to hear him on the matter with the jury absent and court refused.
 Then Mir. Beers tried to submit a petition as an outside party to the case but Judge Reed refused to allow MT. Beers to be a party to the case as representing Trinity college in any manner.
 The case comes back to the superior new trial, as the higher court found an error in the first trial after the case had been won by the plaintiffs.
 Complaint and answer were read to the jury. Defendants denying all im- portant counts in same A statement of the plaintiffs view was made by Attorney Seymour and the reply for defendants given by Attorney Mans field.
 Grounds Of the Suit.
 Plaintiffs claim is that deceased Mrs. Boardman, executed on March 27. 1906, note for $20,0o0 and de- I be in turn delivered to Richard D. Hatch, pastor of St. Paurs Episcopal church of Willimantic, Conn, if said Richard D. Hatch would, within one year from the date thereof March 27 1907, raise $10,000. The money was to be used in building a church in this city. Richard D. Hatch did raise the money and notify Mir Fields to that effect, but latter refused to turn and still rcffTGpC Ia to Richard D. Hatch. Plaintiff pre- sented claim against the estate for S20OO0, which claim was not allowed.
 Denial of Claim.
 Defense denied that plaintiff had raised the money. $10,00O, and also that the note was due Mrs. Board man died March 29, 1906, and William T. Fields and Burton Mansfield were appointed executors of her will.
 These witnesses were called and testified Tuesday: William T. Fields of New Haven, as one of the executors, te estified at considerable length rela- tive to letters and stated that he did not know that the money had not been raised and even admitted that MT. Hatch had reported progress on the raising of same on more than one oc- casion; Arthur P. Day, who as secre- tary of the Connecticut Trust and Safety Deposit company, said his company was executor of the estate of Lucretia Terry of Hartford who in her will gave $6,000 to the Episcopal standing committee, for the use of whatever Episcopal churches of the state they should deem fit. Witness said the money was paid to the com mittee. Estate amounted to more than $200,000. On cross examination witness said that $6,000 was paid on July 23, 1901 and that they held a receipt from Bishop Brewster and Dr. Hunt, the latter secretary of the standing committee. Receipt bore the date of August 1, 1907.
 Rev. R. D. Hatch Testifies.
 Rev. Richard D. Hatch was called and told of his endeavor to raise mon- ey for about four years to build a new church in this city. Told of be- ing given letter from Bishop Brews- ter to Mrs. Boardman; called on her in March, 1906, relative to obtaining money to realize his project of years. Had called twice previously, but did not obtain an interview. Told of writ ing letter March 26, 1907. saying that S1,000 had been raised and that he would personally give s2,000; that he had hopes of raising more in New York. He did not send the letter but went to New Haven Mrs. Boardman being ill sent word to him through a nurse that as he was doing all possi- ble to raise the money that she would t4IrI~. 1,f l. r.