The Providence news. (Providence [R.I.]) 1891-1906, 1895-04-19
Objections to Witnesses in
Court This Morning.
An Important Question Considered by
Judge Wilbur.
Receivers of the New York a New
England Railroad Sued.

against tho Old Colony Railroad Com
psny. 1t related TO expert testimony.
Ex-Alderman Addison q. Fisher,
who was member of the
commission appointed to condemn
land on Webster street for railroad pur-
poses, and who also is a commissioners on
the new State House, was called by Mr.Mc-
Guinness OF the firm of McGuinness q
Doran, who are counsel for the plaintiff,
as a witness, Mr.. McGuinness proceeding
to qualify him as an expert witness on
real estate. James III. Ripley objected to
Mr.. McGuinness so doing, holding that
only dealer in real estate could give
expert testimony.
Judge Wilbur, after very careful con-
siderstion OF the authorities, ruled that a
person who had special knowledge of the
value OF real estate in locality, know
ledge greater than that OF the ordinary
Mr.. Ripley said he would take an excep.
tion to the ruling OF the court and then
Mr.. McGuinness withdrew Mr.. Fisher as
4 witness. The same point came up i'm
mediately after the next witness, William
NJ. Harris, began his testimony. Mr..
Harris testified that he had bought and
sold land in the vicinity, that be knew OF
land being bought here by the Old Colony
Railroad Company, of the sale OF more
than o hundred lots. and also OF the
sale of the Harris property. Mr.. Ripley
objected to the testimony of Mr.. Harris
being considered as that of an expert
witness, holding to his former opinion Of
the law in the matter Of expert witnesses.
The court decided Mr.. Harris might tes-
tify as an expert. Mr.. Ripley took an ex-
ception to the ruling of the court.
The sdit is brought to recover damages
for the taking OF land by the railroad
company ana the closing OF Webster
street at the eastern end. The defend
ants claim that the closing ofstreet at the
end referred TO has been benefit TO the
property In the immediate vicinity, as it
has removed the dangers arising from
grade crossing.
Among the witnesses examined today
were ex-Tax Assessor George p. Tew and
Tax Assessor Elisha III. Rhodes.
The case of Benjamin +. Wilson vs..
New York Il New England Railroad,
which was on the calendar for today, was
passed by consent OF counsel, and will
probably be settled out of court.
Late yesterday afternoon the jury in
the case OF Henrietta Hebrew VS.. Jacob +.
Berry brought in verdict for S24a.
A large number OF cases are down for
assignment tomorrow, and several
motions are also set down for disposal.
Receivers Sued.
A suit has been commenced against the
receivers of the New York q New Eng
land Railroad Company by Peter
Vsrrier, who was injured in the
crossing accident at Arctic on January
2s, 1895. The suit is brought by Attorney
Walter B. Vincent and the amount
claimed is $4,000. The verricr boy,
William Mcguire and his sister, Maggie
Mcguire, were driving over the crossing
in buggy in the early evening
when they were struck by an
express train coming toward Provi-
dence. Maggie Mcguire was killed, her
brother severely injured, and the plaintiff,
Verrier, suffered the loss OF leg below
the knee. Joseph verrier, the father OF
of the boy, has also brought suit through
the same attorney, for loss of services.
Court Calendar For Saturday.
Common Pleas Divisioa)
John Cassidy VS.. John Ryan. Attorneys
--Osfield a. Bsnigan and G.. j. West.
Frank p. Hamilton VS.. Henry Edwards,
et al. Attorneys. Ill. Ballou aad L. ].
Mccarthy.
Lemuel j. Osler VS.. John w. Hogan,
administrator. Attorneys-S. T. Douglass
and j. w. Hogan.
James G. Collins va. Daniel T.. McAlee.
Attorneys--J. q. Collins and Il. L. Gan
non.
Sixth District Court.
In the Sixth District Court this morn
ing Maggie Rooney was charged with
stealing q watch valued at SIS from
Charles III. Allison. She pleaded not
guilty and was held in the sum of ZOO for
trial Tuesday.
William Thompson, a colored man, with
u toltct titno vi ihihds was rlOh0u
costs for stealing two picciloes from Frank
Storita.
Margaret Flynn was adjudged insane
and committed 10 the State asylum.
John 4effernsn was given six months
at the State farm for being an idle person.
The case OF Walter Gardner for the non
support of bis wife and two children was
continued one week, with tho instruc-
tions to give Captain Marston OF Station
$3.50 of his weeks earnings for the benefit
OF his family.
Thomas Kane was held in the sum OF
900 for assaulting +. l.. White with a
hammer.
Edward McDermott was fined f3 and
costs for stealing 81 worth OF lead pipe
from stephen Brownell.
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