The Providence news. (Providence [R.I.]) 1891-1906, 1895-04-20
THE SUPREME COURT.
DuHy's Petition for New Trial Against
the City Denied.
Bail I'm the William buckley Libel Case
OF Pawtucket Reduced TO $4,000.

The appellate division OF the Supreme
Court this morning decided that Charles
q. Duffy should not have new trial in his
suit against the city of Providence. This
is the case in which a new trial was asked
on the ground that one OF the jury
was a taxpayer in tho city OF Provi-
dence and on the hearing for new trial
the affidavits OF seven members OF the jury
that tried the case were submitted to the
effect that the counsel did not tell the
jury that II any Of its members were tax
payers in the city they should step aside.
At the same hearing the affidavits OF one
of the counsel for Duffy and some Others
were also su omitted that, to the makers
best information and belief, the
statement referred to was made,
the court holding that IL was necessary
for the counsel against the city to have
made 1t plain to any members of the jury
that might be taxpayers in Providence
that they should not take part In the trial
and believing that such was not done
gave the decision above noted.
In the case OF Amy c. Kenyon W..
William +. Segar, the court finds that
the report of the master conforms to the
decree, and the exceptions thereto are
overruled. Motion for rehearing is
denied and it is further held that until
the account of the rents and profits
received by the parties has been adjusted
the court Is in no position to set off the
complainant's dover by its commissioner.
The report is therefore recommitted to
the master to ascertain the rents and
profits which have been, or ought to have
been received in that portion OF the land
subject to the dover of the complainant.
The following cases were heard by
Judge Tillinghast:
A. M. Cole vs.. William w. Reckard,
trustee. Heard on motion for inter-
Iocutory decree. Decree granted.
Ezekiel Emerson ct el. VS.. Anna Morris
ct al. Motion to amend bill heard and
granted.
Petition OF Charles III. Page in matter of
Louis M. Cook, receiver of the Cranston
Savings Bank. In this matter leave is
granted to attach s3lS.56 in the
hands of said Cook, as trustee of Emanuel
c. Wells in an action to be brought against
the latter.
Buchanan & Hyatt VS.. Henry o. Car
penter. Decree entered referring certain
matters TO John Il. Lonsdale as master in
chancery.
pal Company. Certified to common
pleas division of the court.
Catherine Hart VS.. Lawrence Hart.
Heard on motion to find the defendant in
contempt, and compel him to pay the
plaintiff, as ordered by the court, "a per
week for her support with all arrears
since Oct. 81. Continued one week.
Before Judge Douglass in the common
pleas division of the Supreme Court today
the suit of Lawrence p. Dolan against
John w. Shield was heard for
damages from an assault alleged
to have been committed by the de-
fendant on the plaintiff in Pawtucket
on the 29th of June last. The plaintiff
claimed that on the day in question tie
defendant struck at him with hatchet,
cutting through the rim OF a derby hat
he wore, cutting off part Of his ear,
and as result of the injury to
his ear he cannot close one OF his
eyelids,a and has since suffered intense pain
and was unable to work for a long time.
The defendants claimed that tho injury
inflicted was not as serious as alleged by
the defendant and that the injury to
the ear was not properly treated. The
csae was heard without jury and at the
conclusion of the arguments of counsel
the court gave decision in favor of the
plaintiff for $3.50. Joseph Osfield, Jr., APP
peared for the plaintiff and Page Il Owen
for the defendant.
In the libel suit against William Buck
duced TO 5000.
The trial of the suit OF Jacob and Yetta
Kwaitt, against the Old Colony Railroad,
was on trial nearly all day in Judge Will
bur's court.
Rescripts in the following cases were
handed down by the Supreme Court
today: Matilda Mason VS.. Louisa NJ.
Wheeler. Motion for re- argument denied.
Thomas f. Murphy VS.. Jesse Z. Eddy.
Motion for leave to amend plaintiffs bill
denied.
Court Calendar for Monday.
Common Pleas Division Supreme Court)
John 4. Thomas and wife VS.. Charles
Allen, Jr. AttorneyS-Slocum Il Green
ough and ii. j. Dubois.
Patrick McAleer VS.. Michael Goodwin.
Martha and Mary Gormley VS.. Old
Colony Railroad. Attorneys -McGuinness
& Doran and III. w. Hayes.
Edward Martin and wife VS.. Thomas
Bentley. Attorneys-C. Nj. Lee and G. l.,
Kneeland.
Antonio Massard vs.. Elmer T.. E.Carpenter.
Attorneys-G. T. Brown and X. G.. Mowry.