The Providence news. (Providence [R.I.]) 1891-1906, 1895-07-01
CITIES SUED.
Cases Against This Municipality and
Pawtucket Tried Today.
John Mclaughlin Must Settle Board
Bill or Go TO Jail.

and wife, Thomas W. Rounds and wife,
ana j. i. Humphreys, against the City of
Providence, for the recovery OF damages for
land taken for Roger Williams Park, un-
der the act passed by the Legislature in
1891, giving the city power To condemn
certain land for park purposes. About
1900 feet OF land are TO have value set
on them by the jury. After the opening
statement of counsel the jury went to the
Park for view of the land taken.
Slyck for plaintiffs; City Solicitor Colwell
and assistant city solicitor Barker for
| defendants.
The trial OF the suit OF Margaret Me-
Kenna, widow OF Patrick McKenna,
against the city of Pawtucket, which was
begun In Judge Wilbur's court after the
calling OF the assignment calendar this
morning, did not last very long. Patrick
Mckenna, according to the opening state
ment made by Hugh j. Carroll, counsel
| Tor his widow, on the 10th day OF October
last, while going to his home on the
Plains in Pawtucket, fell into a sewer on
! vernon street in that city and was killed.
This suit was begun on the Goth of
January. of the present year, and on the
day following a suit was begun by the
administrative. When Mr.. Carroll had
finished -his statement of the case, Mr..
Ripley, who was associated with City So
licitor Barnefield in behalf of the defend
-
the ground that under our statutes the
plaintiff could not bring suit as bene-
ficlary until after the the administration
had had six months TO bring a suit
against the defendant.
Judge Wilbur held that but one action
could be brought and that the present
suit could not be brought at this time.
The case of Thomas Il. Allen VS.. the
Anglo American and Surety Company,
was on calendar for trial today. When it
was reached Mr. Dennis, attorney for the
plaintiff asked for an immediate trial, and
on account of certain Misrepresentation
made by the clients Mr.. Ripley an
nounced the withdrawal of himself aud
other counsel for the defendant from the
case. Allen was agent for"the defendant
company and Judge wilbur gave him
Judgement for s2S9.79 for services
rendered.
APPELLATE DIVISION.
The court handed down an opinion on
the following case today: Sarah A. Col
lier VS.. George L. jerks. Exceptions
sustained and case RENTED 10 the Dis
trict Court OF the Sixth District Court
Tor new trial.
DISTRICT COURT.
The following cases were disp6sed OF in
the civil division of this court this morn |
ing:
Charles NJ. Salisbury VS.. Fred +. Shaw |
The plaintiff sued the defendant for dam |
ages done to horse owned by him by !
reason of the negligence of the latter in |
constructing sewer. Judge Sweetland /
gave the plaintiff judgment for s545.7 ~.
Edward f. Walker vs. Dennis Crowley. |
Decision for plaintiff for s27 md costs.
Before Associate Judge Ruercket this
morning, Attorney Thomas Farrell asked |
for the arrest of John Mclaughlin for
secreting and putting beyond the control
OF the court his property, which was sub
lect TO judgment obtained against him
by John Murphy
Mclaughlin owed Murphy for board, or
at least the latter said he did and sued
him, recovering on the 9th inst. judg-
ment for s36. Murphy did not appear in
court then. He came today, but had no
counsel.
Mr.. Farrell called John Drew as the
first witness and he testified that he
boarded with Mclaughlin and the latter
had assigned his wages to him. He did
not draw the wages so assigned but one
Saturday night did go TO the office OF the
Peoples Concrete Company, but the office
was closed. He was not very sure where
the Office was and he gave Mclaughlin an
ordgr TO draw the wages that were as
signed to him. The largeness or small
ness of his assgness weekly income was
unknown to him. He claimed that last
summer he loaned Mclaughlin various
sums OF money.
Mclaughlin was the next wstness. He
got badly mixed up and said he did not
know just how much he owed Drew and
that the assignment was made ahont a
week ago. He did not believe any Of the
money due to drew was paid since the as
signment.
The Court did not think his statements
and after very strongly ad-
Mclaughlin to pay the Judge
ment, granted Mr.. FarrelI's motion.
Court Calendar for TUESDAY.
Common Pleas DivlsoI-suprcme CourtD
1858. Margaret Sculley VS.. City Treas
urer of Pawtucket. Attorneys-H. ].
Carroll for plaintiff; I. p. Barnefield for
1856. +. B. Ham vs. Providence
Journal Company. Attorneys Page q
Owen, j. NJ Brennan and G.. j. West for
w. G.. Rocker for defendant.
1900 Whitford, Bartlett q Company
rs. Amelia Frank. Attorneys -Bassett Il
Mitchell for plaintiff; j. j. Hahn for de-
endant.
225. jeremiah J. Sullivan VS.. Trades
insurance Company. Attorneys-Page IL
oven for plaintiffs; German & Egan for
defendant.
Albert II. Keen vs Weeks & Aldrich.
I al. W. II. Tillinghast for plaintiff:
'ook and Angel for defendant.
Important Opinion.
An opinion was handed down on the
etition of Horatio A. Hunter, admins {
rator of the estate of Rowland L. Rose.
eceased The opinion stated that the
state described in the petition descended
D the heirs-at-lsw of said Rose, charged 7
18th the burden of the mortgage of ,
%, 0O0 That Rose did not by assuming q
ayment of the mortgage, nor by guaran-
eeing payment of the mortgage note.
hange his administrators with the paw (,
lent of the mortgage debt, and that the /
will not be justified i'm paw
lg the mortgage debt out OF the per {
,nal estate which may come into his ,
ands. ,
Serious State of Affairs /