New Britain herald., 1924-10-09
LEGAL RESIDENCE
 ARGUED IN COURT
Leon EIphee Contests Wiie's
 Non-Supp0rt Charge


 Leon Elphee of New Haven. charged with non-support, be dismissed on tho ground that the local police court was without jurisdiction in the case, was made by Attorney Frank lin Coeller of Ne wHaven when the case was called for trial this morn Ing. The plea was the first of its ina- ture ever made~in the local court and developed a legal discussion be- tween the defense attorney, Assistant Prosecutor William A. Greensteln and Judge Benjamin W. filling that s rarely heard in police courts.
 The discussion waxed on for some time and the attorneys were travel ling deeper and deeper into the laws, Judge filling halting the discussion when the lawyers were discussing the case from an angle of laws re- garding papers, The court suggest ed that both attorneys agree on statement of facts to the court which he would consider before making decision on the plea. This was dBEccu " anu d StdtcLiSut Wd5 hdut to the court.
 The case was continued until Oc- tober 20 pending the decision.
 Attorney Coeller opened the case for the defense immediately after Elphee was called by making Ho- ton to the court that the informa- tion on the complaint be separated. Elphee was charged on the warrant with "unlawfully refusing to support his wife and family" the wording being the "stock" charge used in the local police court in non-support cases. The defense claimed that the wife should be contained in one in- formation, and in the other infor- nation should be contained the name of children or others that the defendant was lawfully compelled to support.
 Prosecutor Greenstein told ti coutr that he had no objection to a separation of the information and the court granted the motion. In the revised information, Elphee was charged with unlawfully refusing to support his two-year-old daughter, 1t being explained that the wife did not wish anything for her support. In Hospital, Wife Leaves Home.
 In the statement of facts made 10 the court it was said that Elphee lived with his wife at 11S Black Rock avenue and while living there, a daughter was born to them at St. Francis hospital Hartford. They lived at the Black Rock avenue ad- dress until July 17, 1923, when FL phee said that he went to the hos pital for treatment. When he re- turned from the hospital about week later, he said that his wife had left their home, taking with her everything that belonged to her. He then received letter from her con- taining keyto the home and saying that she had gone to live with her folks @"
 He said that he went to her rela- tives' home at 34 Loncoln street and learned that his wife and child had gone to Vermont, where they stayed for several weeks. He then went. to his home in Auburn, N. r., to rest up from his illness, he said, and re- turned to Hartford last fall. He se- cured employment in New Haven and has made his residence there since last November, claiming New Haven as his permanent residence now.
 fIis wife has made her home per manently in New Britain, and claims that Elphee has never made any re- quest for her and their child to go to New Haven to live with him. The defense claims that since New Haven is the residence of the hus- band, it is in that city that the de- mand should be made on him to support his child. The state claims that since the Elphees lived in this city when the child was born and at the time that Elphee removed from the city, the wife continuing to live here, the action for the support of the child is legally brought in the local court.