The Providence news. (Providence [R.I.]) 1891-1906, 1895-11-02
Taking of Dispositions in
Colt Divorce Case.
In New York and New Hamp-
shire Witnesses Will Testify.
Matters Heard and Disposed Of in
Common Pleas Division Today.

In the appellate division of the Supreme
Court this morning an order was asked
by Rathbone Gardner for the taking OF
depositions in the divorce proceedings
begun by Elizabeth M. Colt against her
husband, Samuel y. Colt, and the request
was granted after short argument had
been made in opposition thereto by Fran
els M. Colwell, who represented Mr.. Cclt.
Mr.. Gardner stated that under the pro-
visionD of the judiciary act il was neces-
sary to ask for an order OF the court to
take depositions in any case outside Of
the State He requested the court to is
sue an order directing j. {. Woods of
North Conway, N. III. to take depositions
in the State of New Hampshire and
Charles II. Payne Of New York city to
take depositions in New York State.
Judge Stinsss asked IL any one appeared
for Mr.. Colt and MIR. Colwell stated that
as counsel for that gentleman he would
oppose the motion at the present time.
He argued that under the judiciary act 1t
was not necessary to file q cross bill but
that the respondent might take advan-
tage OF any matter he might want to in-
troduce in a divorce proceeding by mo-
tion in writing and that he did not see
the necessity of taking depositions SO
soon in a case that was not TO be tried
until February next. Mr.. Colweli
stated that this morning he bad filed
with the clerk ofshe court a petition for
the taking OF depositions on behalf of
Mr.. Colt on next Saturday and be thought
the granting of the order In the present
case might be delayed until that time.
MIR. Gardner stated that II was absolute
ly necessary for him to have his deposit
tions taken at once or his client would
lose the benefit ot certain important evil
dence.
Mr.. Colwell again argued for delay and
then he and Mr.. Gardner consulted with
james Tillinghast, who is one of the
counsel for the respondent, but even then
Mr.. Solwell did not want the order grant
ed today.
Mr.. Gardner said he would waive no.
tice in regard to the order Of taking de-
positions for the respondent on next Sat-
urday and would, there was nothing
Objectionable in it, not offer any
opposition TO the granting of the same.
Mr.. Colwell asked the counsel why
he did not agree to the granting of the
order in behalf of the respondent at
once, but this Mr.. Gardner would not
do, but he again stated the necessity
of the order asked by him being granted
al once.
Judge stiness said in reply to the argu-
ment OF counsel for Mrs. Colt: "You may
enter your order.n
The otbor cases heard in this division
today were:
James ID. Hobbs vs. George L. Oluey,
assignee An order in this case was en-
tered requiring the assignee to give bond
in the sum OF $500 within 20 days. The
petitioner III this case was brother OF the
party that assigned 10 respondent and he
claimed he had loaned his brother Sl75
from him which Mr.. Olney did not seem
disposed to include in the list Of debts
due by his assignor.
/ Dennis Cronin, ex., VS.. Elizabeth A.
n.sl =.
suits OF Elizabeth A. Holland, Annie M.
Whitmarsh and Agnes Holland vs. Dennis
Cronin, executor, now pc nding in the dis
trict court until further order of thi
court.
Upon petition of the complain inants in
above case James j. Nolan is appointed
guardian ad litem OF Elmer Sullivan, a
minor.
Elizabeth A. Knowlton VS.. Herbert A.
Knowlton. Order entered directing respon-
dent to pay petitioners attorney S25 for
counsel fees and to pay to the petitioner
50 per week.
William II. Wood, executor, ct AL, VS..
William A. Hammond Respondents
ordered to file objections TO complain
ants accounts before the 21st day of De-
cember, otherwise the court may proceed
to allow the same as tiled.
Alice Il. Burrill, p. "a. vs. Sebastian
CARAT. Leave to file replication granted.
AlCe VI. flSke vs.. LOUIS vi. flSke. Oruer
for counsel fees and allowance of S5 per
week granted the petitioner.
The trial of the suit OF Margaret J.
Brown VS.. Calender, McAuslan & rroup
Company, was concluded this forenoon
ana given to the jury. The latter, at a
late hour, had not agreed upon verdict.
COMMON PLEAS DIVISION.
Judge Douglass heard and disposed Of
the following matters:
Thomas McCusker vs. William Fitzpat-
rick. Horse attached ordered sold to sat
is!y judgments. III, j, Carroll for plaintiff
Elizabeth Bar rbour VS. ID. l.. ID. Gran
ger, city treasurer. Motion of plaintiffs
counsel 20 join Andrew j. Bar bour grant
ed.
Williams & Tower. for PLAINTIFF; A. A.
Baker, assistant city solicitor, or de-
fendant.
James :. Robinson vs. Daniel B. McKen-
ma. Certified TO appellate division. {.
j. Fsrnsworth and j. l.. jerks for plain
tiff; w. w. Robinson for defendant.
Elmer l.. Eaton vs. Charles +. Colcard.
Settled by parties out of court.