The Providence news. (Providence [R.I.]) 1891-1906, 1893-01-21
IN The SUPREME COURT
Richard ]. Payne and Wife Again
Before the Public.
A DIVORCE DENIED T. j. FALES.
The Court Does Not Consider the Massage
Treatment n Drawback to the Full
fIiment of the Marriage vows-Re-
scripts Handed Down-Other Matters

The petition of Richard J. Payne fol-
divorce from his wife Rachael came up
in the Supreme Court this morning. Mr..
| Payne is the sailmaker on South Water
| street. and domestic cyclones bet ween
him and his wife have heretofore been
subjects for current gossip
Mrs. Payne appeared in court to con-
test her husbands petition, but when
the case was called Mr.. Payne's counsel
said that the petition could be dismissed.
Attorney Frank S. Arnold, vino appeared
for Mrs. Payne, desired to know if there
was not some way In which the respond
ent in case OF this kind could obtain
costs where the case was discontinued by
the petitioner. He said the petition was
brought on the grounds Of desertion and
cruelty, ana the respondent had been to
the expense OF entering her appearance
and summoniLg witnesses. The court
did not know of any relief for the re-
spondent except through the legislature
The petitioners counsel then stated
that the respondent had been notified
Thursday that the case was TO be dis
continued, and If they had summoned
witnesses it was their own fault.
The following petitions for divorce
were heard:
Estelle A. Aldrich VS.. John f. Aldrich.
The charges in this case are desertion for
ten years and non-support. The couple
were married in November, 1874 The
petitioner also prays for the custody of
her two children.
Catherine Leonard VS.. Frank NJ. Leon
ard. This Is similar case, the parties
being married in 1877 and the husband
deserting his wife over five years ago.
The custody OF three children is prayed
Tor.
Hannah X. Foster VS.. Chauncey Fos-
ter. The charges in this case are extreme
cruelty, desertion aud non-support. This
petition was granted.
Mr.. Tales Denied n Divorce.
y rescript was handed down IN the
Supreme Court this morning denying
aud dismissing the petition of Thomas j.
Fales. for divorce from his wife, Mary
j. Fales.
Mr.. Fales brought this suit against his
wife for alleged in fidelity aud misbehav-
ior, particularly with a DIR. Chapman.
who was regularly attending Mrs. Fales,
and administering the massage treat
ment to her.
The court is of the opinion that the
charges III the petition for divorce are not
sustained.
Other Matters.
The following rescripts were also
handed down:
Thomas Hackett VS.. Araletta G.. Hack
ett. The court is Of the opinion, as a
general rule, that widow LAS the pri-
mary right 10 control the burial OF Der
husband; defendant, hoN ever, upon the
peculiar circums stances of the case, or the
waiver OF such right by consent or other
wise. Tne question Of consent or of pc
cuilar circumstances will therefore stand
for hearing.
Charles NJ. Stead, ct ux., VS.. Frank s.
Manton, et al. The only question in this
case is, who shall pay the residue, to
wit, one-hfth of the proceeds of the sale
of the estate mem ioned Ihis depends on
the construction of the clauses of the
Will. The Intentions or the testratrix
are not clear, but il Is concluded that her
intention was that john ID. Potter should
take an absolute estate in fee, and that
the fourth clause is applicable only TO
the principal OF the personal estate.
Joseph Is Nalcourt, administrator, VS..
the city OF Providence. The court is OF
the opinion hat the action should have
been brought against the city treasurer
ana not against the city in its co orporate
name. The plaintiffs demurrer To the
defendants plea in abatement is there
lore overruled. and said plea is sustained.
Emma Il. White VS.. james Campbell.
The deiendants petition for new trial
Is granted without costs.
Irregularities Claimed.
The case brought by the Court of Pro-
bate OF Narragansett against Daniel A.
Caswe,l. guardian. was hearl in the SUI
preme Court this morning IL is claimed
Jy the plaiutffs that the defendant did
not apply the personal property OF his |