Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-09-06

allow the defendant to impeach it, the plaintiff
holding himself ready TO iebut any evidence
| offered by defendant to Inpeach it.
Hon. P. Emory Aldrich appeared for the dc.
PENDANT, and asked the court to rule that in
case the plaintiff held the claims at the time
of the agreement for arbitration in trust for his
son, David Z. Pond, and did not disclose the
fact in the agreement itself, then the defendant
was justified in reyoking the agreement for sub
mission, and claimed that vocal evidence could
not be introduced to prove the claims were thus
held in trust.
Hon. q. F. Very, who appeared as senior
counsel, with Mr.. Potter, thought that the reason
Mr. Aldrieh assigned for the revocation was not
sufficient, if the detendcnt knew the facts before
he entered into the agreement for submission,
and claimed that the auditor had decided that
defendant did know the facts before he entered
into the agreement.
The court decided that if the defendant did
not know when he signed the agreement that
plaintiff held claims embraced in the reference
in trust for Daniel L. Pond, then the agreement
was not perfectly executed; but if the defendant
had knowledge of that fact, then this agreement
was perfectly executed, and that fact could be
shown by parole evidence outside of the agree
ment.
The parties then went on to introduce evil
dence in relation to whether the defendant
knew the claims were held in trust when he en-
tered into the agreement
The evidence was concluded at noon today,
and the afternoon was occupied with the closing
arguments of the counsel, Messrs. Aldrich and
Very, which were very able, each occupying
about an hour aud a half.
Next in order for trial, Nos 101, 106, 112, 40,
173, 1871, 1S9, 1914
DEMOCRATIC CAuoUs.-There was a demo-
cratic caucus at Horticultur hall, last evening,
to choose delegates from this city to the demo-
cratic state convention Col. Levi Barker pre-
committee chosen for the purpose reported the
following list of delegates to the state conven-
ton, who were unanimously elected:
Hon Isaac Davis Edward Conant w Williams
q w Gill, Geo Spur, Levi Barker John j O'(Tor-
man, Nathan Washburn, James Estabrook, Ed
ward Sargent, jonathan Munyon, T f Murray
Albert Prince W Powers, james Estabrook,
a
John X Thayer, Benz Zaeder, H L McAfee, Sails
bury Hyde, John L Murphy, Jeremiah Murphy,
Richard Mathews, Geo Hewitt, j j 0'Leary E
N Childs, NJ 0'Drisco Matt Riedl Ladd
Thomas Gates, c c Churchill, f Il Babbitt G Nj
Walker, II w Conklm, Jos Davis, 2 Murray,
NJ Wait, II Baker
While the committee appointed to report on
the expediency of organizing a democratic
Greeley and Brown club were in conference, an
address was made by John K. Thayer, Esq, on
the various issues, recapitulatng the usual dem
ocratic arguments why the republican party had
outlived its usefulness and should give way to
the democracy, under the lead of Horace Gree
ley. He said the democratic party would, in the
event of the election of Mr.. Greeley, become the
great, progressive party of the country.
Col. w. A. Williams, from the committee on
the organization of club, reported in favor of
the expediency of so doing, and proposed
form of organization, which was adopted and
those present signed the same as members of
the club.
The caucus was then dissolved, and the meet
ing was again called to order by Col Barker as
Greeley and Brown club, and John. R. Thayer,
Esq, was called to the chair. A committee of
seven, consisting of Edward R Fiske, J. K.
Churchill, VIM. Kinsley, Geo. F. Hewett, E.
N. Chllds, and J. j. 0Gorman, was then ap-
pointed to report at an adjourned meeting at
the democratic headquarters on Tuesday eve
ming next, list Of officers for the club.
HoRTICULTURAL.-The entries at the week ly
exhibition Of the Horticultural society Yesterday
afternoon included large floral display, and a
collection of fruit Of more than usual excel
lence. The entries of apples included specimen
plates of the following varietes Fall Harvey
Lowelder, Porter, Gravenstein, Hamburg and
Hawley. Mr.. S. S. Foster exhibited a plate con-
tanning twelve specimens of autumn apples, OF
which no two were of the same variety. The
first premium Of 50 for the best twelve speci-
mems of any named variety was awarded to
VIM. Howe of Millbury for Porter. Chas. Rich
ardSon took the second premium, 81, also for
Porter. Gratuites of fifty cents each were
awarded Warren Harris of Millbnry for Fall
Harvey, Warren Williams for Gravenstein, and
S. II. Cotton for Hawley.
The display of pears was very large and of
excellent quality. The first premium of 50 for
the best twelve specimens of Clapp's Favorite
was taken by Mr. Samuel w. Kent, the speci-
mems exhibited by him being almost perfect
The first premium of 50 for Bartetts was award
ed to N. Wood of Millbury, and the second pre-
MUM, 81, to s. II. Cotton. A gratuity of ST
was awarded to Chas Richardson for his collec
ton of Beurre d'Aumale,l Doyenne Boussock
and Clapp's Favorite. Some specimens exhib-
tied for name by Thomas r. Norcross were
named Doyenne Boussole.
The first premium of 81 for the best twelve
specimens of native peaches was awarded to
Mrs. Chas. A. Clark for Early Crawford; second
premium of 81 to VIM. Howe of Millbury for
the same variety. A gratuity OF so cents was
awarded to Mr.. Howe for specimens of Stump
the World.
The first premium of So, for the best two
stands of cut flowers, was awarded to Chas. D.
rhayer; second premium, 50, to VIM. T. Merri-
field, who exhibited one stand each OF verbenas
and asters. Gratuties of 81 each were awarded
to Miss Abbie NJ. Lowell, of West Boylston, for
collection of pinkS, asters and verbenas, seed
ling; and to Miss j. A. Weston for a bouquet
Thomas L. Nelson received gratuity of 50 for
his collection, and Miss Louise White 50 cents
for stand of asters and petunias