New Britain herald., 1915-05-26

1, uVsTy Business, Says Witness. ACTION IS 10 RECOVER $5,0O0 Question to Be Decided Is Whether
 Late Bridget Clark Owned Half of
 Livery Businessson Claims e She
 Did Not. Defended by still another new law yer, Attorney Hart of New Haven. as we'll as by Attorney Mcconnell of the. same city, Joseph H. Clark of this city, appeared before Judge Jos eph Futile and superior court jury this morning ready to go on with the case in which E. w. Schultz, ad- ministrator of the estate of the late Bridget Clark, asks damages of $5,- GOO from him, alleging that he. has appropriated livery business, half of which is owned by the estate.
 Attorney G. w. Klett, joint coun- sel for the estate, read the com plaint to the jury, stating that on April~17, 1911, Joseph Clark was ap- pointed administrator of his mothers estate. On April g, 1913, he was re- moved by the court of probate and his removal was confirmed by su- perior court on November 26, 1913, and on April 26, 1913, E. w. Schultz was named administrator of the es- tate. The issue today, however is whether Joseph Clark appropriated the livery business he now runs. The estate claims that the business was formerly owned by Bridget and Ber- nard Clark Jointly and therefore one- half of the business belongs to the estate. The defendant claims that on December IT, 1910, his father, Bernard Clark, owned the entire bus mess and by legal bill of sale turned 1t over to him MT. Clark denies that he appropriated { the business from the estate and contends that it is legally his by virtue of. the bill of sale from his father.
 Miss LcibIcr Testifes.
 For the estate Miss Margaret tC. Leibler,s until December 1910, em- ployed as a clerk by MT. and Mrs. Bernard Clark at their livery office. was the first witness She claims to have been employed by Mrs Clark and further said that Mrs Clark took inssalI the money and paid all the bills of the business From Miss Leibler's testimony it was evident that Mrs. Clark was the real manager of the livery business. Attorney Klett offered an old envelope of the con- cern as exhibit IA It was printed and said, return to B. &r B. Clark. :" This meant Bridget and Bernard Clark" said the witness A bill made out to .B. B. Clark, the in- itials said to stand for Bridget and Bernard Clark was also introduced. Miss Leibier said she often talked to Mrs. Clark concerning the livery bus mess and the latter said, in substance, that she owned part of the business and when her husband wanted to sell out she refused. MT. Clark and I own the livery business half and half" Mrs. Clark had often said to l her. Mrs. Clark was the active head 1 of the business stated the witness, | and the purchasing of supplies.
 Ownc:>Lip is Qucstionei.
 The first question asked Miss Leib- | Ter ',y Attorney Hart for the defense was, 'Js your memory good, Miss f Le.bler?" T consider it good, she replied. The lawyer quizzed Miss E Leibler necessarily as to whether here were two "Bs'' on the bill ex- nibited by the estate when she first saw it five years ago. While it looked ike the same bill, the witness could lot state definitely if it was the same IL he company Neither could she state positively if there had been two '.B's' l ,n this particular bill. Here Lawyer Hart introduced a receipted bill, Claiming it to be for the same article or which the other bill called. This Jill was made out to Bernard s. slark'' Miss Leibler said she always made out all bills either payable to 1 B. Clark Bernard Clark or B. and B. ylark Lawyer Hart asked the wit less if the Clark's ever did check 1 business and she replied that she leyer saw any while she was there. ie then tried to introduce certain hecks, signed by Bernard s. Clark. which would go to show that a check business was done and MT. Clark igned them.
 J. H. Clark Did Nothing.
 Miss Iiebler told the court that oseph H. Clark was often in the flee, conducting the law business. !, Asked what else he did in the livery flee the witness said, nothing z nuch." Witness also emphatically de- I jed that in December, 1910. she was ischarged by Bernard Clark.
 Tax Records Exhibited. :,
 New Britain's 1908 tax list contain , ng the records of Bernard and Brid- ct Clark's property, signed by z oseph H. Clark, was introduced l [, arl Bengston, for the past thirteen :,