The Providence news. (Providence [R.I.]) 1891-1906, 1894-01-18
H. Coleman, Sentenced by
District Court, Discharged.
LOWER COURT HAD NO AUTHORITY
Default OF Charles f.. Read Confirmed.
Opinions Asked OF Supreme Court.
The Docket for Tomorrow-Otber
Court Notes.

TRAITOR OF the estate OF Mary
Doyle, late OF Providence, de-
ceased, asked for an opinion. The admin
istratop represents that he was appointed
by the municipal court Feb. z, 1893
and March n following was au-
thorized by the court to sell
parcel OF land on Charles street. The
sale was made next day for sl1, 900. The
petitioner also states that certain claims
already paid are set up as valid.
The petitioner further states that the land
so sold was conveyed by Edward l.. Doyle
and Others to William j. Doyle to secure
the note OF the mortgagers for the sum
Of 1915. This mortgage he believes TO be
unpaid. He also represents that William
J. Doyle claims that he is entitled to have
his mortgage debt paid in full.
Wherefore he asks the court to declare
the construction OF the will and answer
these questions:
Will the petitioner, as administrator,
be justified in paying the mortgage debt
of William j. Doyle?
Is the petitioner authorized to make
payments under legacy to Belinda A.
Doyle who claims under the legacy sup
port during such time as she shall remain
single?
l.. Doyle and others, citing them that
they may be heard on the opinion.
Regarding an Attachment.
The appellate division today gave
hearing in a case involving the priority of
an attachment levied upon the effects of ID.
r.. White OF ofCranston. White, in company
with Geo. q. Johnson formerly conducted
a store in Cranston under the firm name
OF George Johnson Il Co. The
venture did not result advantage
ously to the members of the <.irm
and eventually an execution was served
upon them by the sheriff who took
possession. An assignment was made
to Charles A. Wheeler OF this
city. White, it is claimed, had consider
able assets at the time the as
signment was made, though in
solvency proceedings were begun against
him in the Massachusetts, courts.
An attachment was made by creditors
on March 4. The court is asked to decide
whether or not the assignment Of the
firm dissolved the attachment.
Criminal Appeal.
The state represented by John
Bigbee, town sergeant of Cranston,
is the plaintiff in criminal ac-
ton against Henry Coleman, colored, on
complaint made by Terence M.
O'Reilly, contractor and builder,
OF Cranston. Coleman was employed by
O'Reilly for a considerable period as a gen
eral man OF work. 1t was customary
for O'Reilly to allow his employees to carry
home such refuse lumber as was useless to
him and might serve for pur-
poses of frewood. The same
privilege was extended to Coleman.
Mr.. O'Reilly alleges that he abused it
and stole numerous pieces of good lumber
amounting In the aggregate to 1868. He
was sentenced to Cranston by the district
court and appealed.
Judge Wilbur held that the district
court had no jurisdiction to act upon the
case. 1t should have gone through the
regular channel of the grand jury
pleas division IL an indictment was
found. For this reason he overruled the
sentence OF the lower court and discharged
the prisoner.
Default Confirmed.
A default entered some time ago against
Charles Il. Read in criminal Indictment
was today confirmed by Judge Wilbur.
The defendant was to have been given a
hearing, but failed to appear.
Tomorrow's Docket.
Appellate Division.
No cases assigned.
(Common Pleas Divis'on]
67f. Joseph Wilson, app, VS.. Thomas
III. Early a. Co. Attorneys-J. S. @. Cobb
for plaintiff, Tanner Il Cannon for de-
fendant.
3sl. Catharine Doian, tr. VS.. James Do
Ian. Attorneys-C. II. Johnson for
plaintiff, +. }. Mccarthy for defendant.
9i. State VS. John @. Currier. Attorneys,
w. /. Bsllou for plaintif;J. j. Hahn and
j. M. Brennan for defendant.
probate Ccartl
Estates OF Sarah p. Blake, will for pro-
bate.
Burnett S. w. Bragunn, petition for sale
OF real estate.
Edward Conley, petition for removal Of
executor and appointment OF admins
traitor, dc bonus non, with will annexed.
John Z. Connolly, petition for removal
of guardian.
Catherine Everett, will for probate.
Jessie NJ. Gardner, Fannie s. Gardner,
petition for sale of real estate.
Jane A. Greene, petition for appoint
ment OF administrators.
Caroline l.. Hawkins alias Mclvil, ad-
ministration account.
Marie Il. NJ. Hsnnessey, petition for
| sale OF real estate.
Daniel Horton, administration account
Mary ID. Jackson, William j. Jackson
petition for appointment OF guardian.
Mary McGinn, petition for sale OF real
| estate.
Peter Mulvey, petition for appointment
| OF administrator.
Christopher r. Potter, will for probate
Sheffield Smith. ion account
Francis T.. Stead, administration ac-
| count.
George F. Tyler, petition for sale OF real
estate.
Sarah A. Williams, administration nc
| count.
Sixth District Court.
Alfred Heaulieu ard Patrick We,ch
| charged with breaking and ,steting the
shoe store ownCd by Morris
Greenfield at PSI Mantcn ayenLe
were arraigned in the sixth district court
this morning and pleading guilty, were
bound over TO await the action of the
grand jury In 200 surety each.
Byron II. Howard was sentenced %
| thirty days al the Providence county iail
II