The Providence news. (Providence [R.I.]) 1891-1906, 1894-01-10
HEARD IN COURT TODAY.
The Place Suit for Assault
Becomes Exciting.
WHITES WITNESSES TESTIFY.
They Claim That He Acted In Self
Defense-Other Court Cases Heard.
Tomorrow's Docl<et--Criminal and
Equity Cases.
WHITES WITNESSES TESTIFY.

The case OF Daniel Place VS.. George Is.
White which was begun yesterday before
Judge Wilbur was continued today. The
defendant completed his testimony which
mainly went to prove that he was forced
into the attack to defend himself from
Place. The plaintiff, he said, attacked
him with q pitchfork and put his life in
j opardy to such an extent that he picked
up stick some four feet long with which
to defend himself, and with this weapon
made the assault. The stick was produced
in court by the plaintiffs
counsel, Mr.. Burbank. The defendant
denied the personality of the stick, which
was murderous looking affair, and said
the weapon he used was smaller and
lighter. The constable who
quelled the disturbance repeated the
details of the affray and gave way to
Mrs. Nichols, who witnessed the trouble
and her son William, who was also pres
ent at the encounter. Both testified that
Place was the aggressor, and
White was obliged to take up
the club to defend his life. Young
Nichols further testified that Mrs.
Davis, the housekeeper, told White to get
a revolver and "blow the top OF Places
head off," Another young son of Mrs
N
SO violently over the head with a monkey
wrench that he thought that he had
k lied him. White was covered with
blood and his clothing was torn.
Mr.. Nichols, father of the boy, testified
that Places reputation is "rather bad"
and gave the name of one French as a
sponsor for the statement. He never heard
anybody speak i'll of White.
[Appellste Division
A bill OF exceptions to the district court
verdict in the case OF Edwin +. O'Connor
was heard before the appellate division of
the supreme court today. Mrs. O'Brien,
wife of the defendant, inherited small
piece Of real estate near the
Butler hospital and upon her
death the property reverted to her hus-
band. O'Connor attached the land to
satisfy judgement and O'Brien refused
to recognize the validity Of his claim.
The court took the papers and removed
its decision.
Warren Mfg. Company In Court.
A long delayed suit, involving COM
mon pleas Judgment of S7.1S against the
| Warren Manufacturing company OF Bris-
| tol in favor of Edwsrd Croke, was today
entertained in the appellate division OF
| the supreme court. The amount in
volved represents wages claimed to be due
| Crole's daughter, who was an operative
| in the mill, and the defendant
! complained that the verdict
was unjust The court considered the
matter and holds that it appears by tes-
! timony which Is uncontradicted that the
| plaintiff had notice OF the rule requiring
| an operative to give two weeks notice OF
intention to quit work or failing to give
| such notice that he should not be entitled
| to wages then due. The fact that Mr.
| Croke's daughter continued to work
| for the defendant after the plaintiff had
such notice in the absence of any expla-
| nation to the contrary Is evidence tending
to show that the plaintiff assented TO the
rule as a part of the contract. For this
reason and as no notice was given, n
| majority of the court are of the opinion
that new trial must be granted. The
case was sent back to the common pleas
division with directions to award new
trial.
| The Complainant's Debt.
| The court today settled long contin-
ued dispute between Sarah Waterhouse
and Giles Waterhouse, regarding the pay
| menu Ol T1Obty iof iHtcIcst III Certul1
land by Sarah Waterhouse. The land for
which the complainant paid was
owned by Giles Wsterhouse and
the court holds that the evidence rebuts
the presumption that the money paid by
the complainant for the respondents i'm
terest in the land was en- Advancement to
her son, James Henry waterhouse, to
whom the conveyance was made end that IL
IL sufficient TO establish resulting trust
in her favor. The purchase money
though paid by the complainant at differ
ent times was paid by virtue fthe arrange
ment made at the time of the purchase
and the payments were, therefore,
TO be regarded "a a part OF
one transaction, out OF which the trust
arose.
Why note for f535, signed by James
Henry and produced at the hearing by the
respondent, was given does not precisely
appear. Pre- ~'ably II was given,
| "A IL appears 10 have pCep treated.