Norwich bulletin., 1916-10-26

Mrs. L1lile senior Sflay or krTOIOn was granted a divorce from her hus- band, Clarence M. Shay, president of the C. M Shay Fertilizer company of Groton, in the superior court in New London Wednesday morning. The de- cree was granted on the grounds Of intolera bic cruelty. She was also awarded sS,000 in alimony and a change of nume. The case was uncon- tested MT. Shay had an action against his wife on the grounds of intolerafole cruelty, and the action was to have been contested but Wednesday nlorn- ing MT Shay withdrew his complaint and Mrs. Shay made a cross complaint alleging the charges on which she was granted the decree.
 Mir and Mrs. Shay were married in New London in June, 1899, and there are no children. Mrs Shay testified that she and her husband lived to- gether happily for f6 years, until year ago her husband began to treat her with indifference and inistreat her, and forced her to leave his home.
 A little more than a year ago, Mrs. Shay testified, her husband ordered her to leave his home, declaring that he had sold his house, but she refused. MT. Shay told her that he had sold his house to Marquardt Brothers in Gro- ton but they never did anything to indicate ownership, and she found out afterwards that her husband had not sold the house, and so far as she knows he still owns it. She finally left, how ever, and went to board in different places.
 Mrs. Shay, who was in tears when she took the stand, said that her hus- bands treatment toward her had been unkind and that she had given MT. Shay no cause for this treatment She described his treatment of her as jn- different when she talked to him and that he was not as courteous as a h11c ha nd cbn116 hn MT Shaw had fold her that they were not mated and that she was not good enough to live with him.
 She denied that there was any truth to an allegation of intolerable cruelty on her part to her husband which was contained in his complaint for a di- vorce from her. She said that her at tention had been called to the fact that her husband was paying atten- tion to another woman and when she spoke about it he became angry. She declared that he is still paying his at tentiOns to this woman, whose name was not mentioned
 Mrs. Shay told of going to the hos pital several months ago and that soon after her dismissal she went automo- bile riding with MT. Shay and that when she asked him to drive slower because of her weakened condition he paid no attention, but drove faster. She said that he had had no regard for her comfort and convenience since her illness.
 Charles F. Senior. Mrs shay's fla ther, told about MT Shay's treatment of his daughter during the rast year. The first time his attention was called to it was during an automobile ride to Norwich on which he and Mrs. Shay had accompanied MT. Shay @.r. Shay was going to Norwich to have slight repairs made to the automobile and during the ride up Mrs. Shay asked her husband in pleasant man. ner how long it would take. and Mir. Shay's answer was: Shut your mouth. I don't want to hear another word from you" There had been before that nothing in her manner when she addressed Mir Shay to justify such language. Mir. Senior stated that MT. Shay's treatment showed no consid- eration of his wife.
 At the conclusion of MT. Seniors evidence Attorney Geary,s counsel for Mrs. Shay, stated to the court that it had been agreed that Mrs. Shay should receive $S,9oG alimony, which was sanctioned by Judge Buroee, who granted the divorce and allowed Mrs. Shay to resume her maiden name.
 Judge Burpee handed down de- cision for the defendant in the case of Jeremiah J. Moriarty of New London the clothing store in the Neptune building, for $1,000 damages for an alleged assault. The assault is sup posed to have taken place while Mori- arty was in the employ of the defend ant a year ago. Judge Burpee finds that the material allegations in the complaint of the plaintiff are not true and that the defendant did not as- sault the plaintiff.
 The judgment was one of several which he handed down in cases which have been tried by him or in matters rIls sa1, l,N l-o -1- A- judgment during his term. The judg- ments were handed down Wednesday afternoon just before court adjourned without day.
 Boss Property Ordered Sold.
 Judge Burpee has passed an order for the sale of the Boss property in Broad street The petition was made by Louisa J. Boss of New London, asking for the sale of the property, Isabell Boss and Susan Boss of New London, Elizabeth McMasters of Fort Sill, Okla, and Beulah Church of Port land, Me- and which Is subject to the life estate of Charles D. Boss of New London.
 Divorce Decree Denied.
 The divorce action of Everett O. Miller Of this city against his wife, Freelove Miller, also of Norwich, was denied. Judge Burpee finds that the plaintiff has not sustained the burden of proof that his wife wilfully de- serted him and the complaint is dis missed
 Judgment for Plaintiff.
 Judgment for the plaintiff to recover s900 is given in the case of the East ern Concrete Construction company against Lewis Young of Norwich The suit was for a breach of contract in connection with the construction of buildings of the Norwich insane state hospital.
 Estate Ordered Divided,
 The court recently tried the case of Nelson A. Brown, administrator, against Celiffa Brown Thompson. for the construction of a will of the late Anna Brown of North Stonington, in which property was left among others to two sisters, Ellen Brown and Nelana Brown. Nelana Brown dis appeared in 1879 and Ellen Brown died in 1901. The court was asked to decide whether Nelana Brown died before her sister and whether the property should be divided between Celiffa Thompson and the estate of Ellen Brown or should all be given to fa1 Ind 1n