The Providence news. (Providence [R.I.]) 1891-1906, 1895-02-16
The Nelson Case Again Be-
ri- fore Judge Wilbur.
Judge Rogers Listens to an Action
for Fraud and Conspiracy.
Swan Swanson's Suit Against the
Union Railroad Co. Non-Suited

The Nelson case again came before Mr..
Justice Wilbur this morning on the de-
fendnnt's plea OF former Jeopardy, re-
Gently filed with the clerk Of the court.
Attorney General Dubois was given
until Tuesday morning at 10 o'clock
10 nle an answer TO this
plea. General Wilson for the defendant
urged that he case could not go to trial
until the plea was determined since he
held that Ii raised q constitutional ques-
tion, but the judge did not look at
the matter In that light Mr..
Dubois was prepared to present
Juror Mclaughlin and the physician who
attended him to prove the genuineness OF
the formers sick ness but the court did
not deem this necessary.
The suit of Swan Swanson against the
Union Railroad Company was brought to
conclusion this morning by Judge Will
bur granting the defendants motion
was no testimony to show that the
plaintiff was exercising any care what
ever. The judge took occasion to remark,
however, that the running OF electric
cars past each other at a high rate Of
speed was negligence on the part OF the
the defendant corporation.
Before Mr.. Justice Rogers this morning
the suit OF Maria Grimes against Rosa
Grimes, John Grimes and John M. Ryan
was brought to trial to determine issues
of fact certified to by the Appellate
Court. The bill alleges fraud on
the part OF the respondents, and
sets forth that the plaintiff is the daugh-
ter of Rosa Grimes and the sister of John
Grimes. 1t 10 further averred that in
June, 1888, Rosa Grimes mortgaged a cer-
tain portion OF real estate in Cum
berland to John M. Ryan. Subsequently
Maria Grimes obtained a judgment against
her mother for s2237, which was reduced
by the Appellate Court to s1S29.07. The
plaintiffs agent offered to satisfy the
gave assurance that no steps
would be taken to foreclose on the
mortgage. Notwithstanding this prom
'se the property was sold at auction
on Aug. 10, 1898. The plaintiff AYERS that
no proper notice was given of this sale
and that she and the public in general
were ignorant of it, that only two inter-
ested parties, j. Ryan and j. Grimes, were
present and that the estate was bought
for the sum OF $3.50 which is less than
half OF its value and only suf-
ficient to satisfy the mortgage
claim. The plaintiff therefore asserts
that the defendants conspi-ed together to
fraudently deprive her OF the fruits of her
judgment obtained against Rosa Grimes.
After the opening of the case to the jury
the case was continued until Monday
morning. G. j. West appeared for the
plaintiff and G. 4. German for the de-
fendant.
Appellate Court.
The following matters cams bsfore the
Appellate Court today:
National Rubber Company vs. Rhode
Island Hospital Trust Company. In the
above entitled cause orders were entered
for filing of affidavits and taking Of testi-
mony.
George Horseman VS.. Elizabeth Penn
berton. In the above entitled cause a
preliminary injunction restraining mort
gage sale, was granted.
Jennie l.. Miller ct al. VS.. Clarence u.
Coffin, administrator. In the above en-
titled cause the motion of complainants
to amend their bill Is hereby granted, and
the respondent is allowed until March 10
within which to demur, plead or answer
to the bill as amended.
Peter A. Sheloon VS.. William ii. MATHS.
In the above entitled cause decree pro
confesso was entered.
William A. III. Grant VS.. Frank Grimes
ct al. In the above entitled cause de-
cree ordering that the complainant's bill
be taken pro confesso was entered.
In the suit of Ann +. Jenckes ct al. VS..
Lydia T.. Whitaker a final decree of par
tition confirming the masters report was
entered.