The Providence news. (Providence [R.I.]) 1891-1906, 1892-12-14
A WRIT OF CERTIORARI
Petitioned for bv Highway Comms-
sioner WaIch Of Johnston.
THE PAWTUCKET T ELECTION CASE
The Defendants File Demurrer and the
Case is Set Down for Next Wednesday
for a Hearing-Litigation Concerning
the OakIawn Plat Other Matters.

A petition for a writ Of certiorari was
filed in the Supreme Court this morning
by Benjamin NJ. Boswortu. counsel for
John Walch, the deposed| highway COM
missioner of Johnston. The court re-
Gently decided that they had no jurisdic-
ton in the matter Of the removal of Mr..
Walch from office by the Johnston Town
Council, and now the complain
ant asks that the court shall or
der the said council TO certify the
records of all the proceedings as a
result of which he was removed, in
Guiding all the testimony taken ut the
hearing and all OF the council which
were in any way connected with the
matter in question. that they may be
presented To the court TO the end that
such part of them as may be Illegal may
be quashed-
Walch's appointment on the 9th of April,
and receiving the notice TO appear before
council on the 18th OF September to an
swer to the charges against him. at which
he claims that he was wifully, illegally
aud wrongfully removed. IL is claimed
that neither at this or any other
hearing was any testimony intro
duced, or sought To be introduced, sus-
tanning or proving the charge; that all
the testimony introduced pertained 10
transactions alleged TO have happened be-
fore the beginning of his present term of
ofiica, with the exception of one charge,
as to which there was no proper or COM
petent testimony Offered to prove the
same.
The members Of the council are Will
John o. Wiusor, Ethan I. Sheldon,
Nicholas Marks, Rufus Harris and
Dennis O'Brien. The council has since
appointed Walter ID. Harris TO the posi-
ton of highway commissioners, and he
still holds the Office.
A citation was issued ordering the
council to appear before the court on the
! Goth inst, AT 20 o'clock a. NJ.
The Pawtncket Election Case.
The case concerning the calling of the
election in the Second ward of Pawtucket
came up again in the Supreme Court this
morning, when the Board of Aldermen,
the defendants in theicase, filed demur-
| rer TO the petition, praying that they
may be dismissed from the charge
| brought against them with their costs.
The demurrer is introduced on the
| ground that there is nothing in the petl-
| ton sufficient To call the defendants to
account before the court. La case the al
| legations in the petition are not true the
| petition contains nothing that the court
can ground a decree upon or give the
| complainants any relief as against the
| defendants.
| Whereupon the defendants demur to
the petition, and crave the judgment of
| the couro whe her they are ompellable
or ought to be obliged to make any other
answer thereunto.
Accompanying is an affidavit from one
| of the board of aldermen to the effect
that he is advised that the demand is
well founded in point of law, and is not
interposed for delay
The principal point the defendants
make is that there is nothing in the petit
ton TO show that Edward o. Brien and
| hers, the complainants, are candidates
for the Office at the next election. nor is
there anything to show that the com
plainants have any interest in the elec-
tion.
When the case was called this morning
there was no appearance for the com
plainants, so the case was not assigned 70
any day for q hearing, but subsequently
it was assigned to Wednesday next.
Other Matters.
In the Supreme Court this morning the
case of Edward +. Dorsey and wifi,
against Margaret + Moran and Jane.
Moran was heard. James Moran was the
father of Margaret and Mrs. Dorsey, aud &
third sister, who Is now deceased. During
his life he transferred his property TO his
wife, and AT her death 1t reverted
TO the three daughters, who, IL is
claimed, gave the father n deed
OF it., transferring il back tC
him. After the third daughters death
Mrs Dorsey. it is alleged, wished To OBJ
tain share OF the property again, ant
accordingly brought this action q
set aside the deed, on tn,
ground of fraud in the transac
ton. Since the bill was brought
James Moran died. and as the court ruled
that nothing could be introduced Ia tn,
case which occurred before his death th,
complainants were unable TO prov5 thei
| case.
The case OF Eben C. Thaxter VS.. Franc
:. Turner was begun this morning N th'
Supreme Court, being litigation abou
the opening OF streets In SOM
plated farm land at Oaklawn but IL 1
probable that no hing will come Of tn
case, al the parties agreed TO continue tn
case to file decree which would be nc
ceptable To both sides.
| Common Pleas Court.
In the Court OF Common Pleas yester
day afternoon the jury disagreed In tn
case of the New England Butt Co., Vi
ID. Russell Brown.
Several cases on the city and town SC
| iicitors' docket were called befor
Judge Wilbur thismorning, but nothin
came TO trial. The two milk cases whic
were assigned for this morning have bee