The Providence news. (Providence [R.I.]) 1891-1906, 1895-11-29
IMPORTANT WILL CASE.
Heirs of Captain White of TivertOn
i'm Court.


tices Stiness and TiilingEast was heard
this morning the case OF Harriet b.
Durfee ana Others against Fra nix L. White
and Others, executors OF the Will OF the
late Captain Christopher White of Tiver-
ton. 1t is an amica bio suit, brought un-
der our statutes by all the heirs of the late
Captain TO have the alleged late will and
testament set aside on the ground that
be was not OF sound and disposing mind
when II was made.
The value of the estate left by the de-
ceased was $3.50 very large part Of
which was personal property. Quite
mum ber of witnesses including the ex-
ecutors and children of the deceased tes-
tilted TO his having been weak in his
mind and body for "A number OF years be-
fore his death. and at the time the will
| in question was made. Arnold Greene
appeared for the parties in interest.
A hearing was had on the demurrer
of counsel for the plaintiff in the case of
Tred ). Folwell against the Providence
Journal Company to the pleas flied by
the counsel for the defendant.
This suit il one for libel, and arose out
of an item from Pittsfeld sent by the
press agency, with which the dfepdant
is connected, to the effect that the
plaintiff, who had been beao gardener
tor Anson Phelps Stokes, at his summer
house, was a defaulter. The article re-
ferred to stated that Mr.. Folweli had
been given money TO pay bills and that
Mr.. Stokes had sometime afterward re-
csived demands for the payment OF bills
which ii was charged he had given his
gsrdeaer money to pay for.
The defendant in its plea stated as in
mitigation of damages that the matter
published and alleged to be libellous had
teen furnished by regular news
agency and had appered in about fifty
other papers, from all of which the plain
tiff had recovered or expected to recover
ed damages.
The counsel for plaintiff claimed that
the pleas other than that OF the general
issue should be overrned.
The plaintiff was represented by Samuel
X. Honey and the defendant by Rathbone
Gardner.
The court sustained the demurrer.
Rescripts have been fled in the follow
ing cases:
Julia T.. Sweet ct al VS.. Albert q. Rob-
bins. Receiver not entitled 10 compen-
sation for his services.
John j. Arnold VS.. PawtuKet Valley
Company. Plaintiffs petition for new
trial dismissed.
DISPUTE ABOUT RENT.
The only case ready for trial in the
Common Pleas division today was that of
q. NJ Vreault against Albert Atherly,
and was for the recovery of one months
rent of tenement in the city of Paw
tucket. The defendants claim a set-off
for labor performed for the plaintiff.
{. j. Farnsworth for plaintiff and
James +. Banigan for defendant.
Sixth District Court.
In the Sixth District Court this morn
ing Benjamin Purnell was fined S15 and
costs for driving off a horse and buggy
ow ned by William Miller.
Andrew Rhodes was called and as he
had contributed 50 q week toward the
support OF his family-what the court or
dered-since Oct. 20, Judge Sweetland
gave him a month longer, and II he still
continues to do Eight his case will be dis
continued.
The case OF James McGuin, for breaking
and entering, was continued until Friday,
Dec. 8.
James Lynch was fined $40 and costs
for not connecting his premises at the
corner OF Courtland and Penn streets with
the sewer. lie appealed.
Thomas Smith was fined s5 and costs
for assaulting Frank Hawkins.
George Estey and Patrick Clifford were
sent TO the State farm for six months. and
Frank Reynolds 10 the same place for
nine months for being common drunk
ards.
John j. Glashcen waived examination
on the charge OF seiavg liquor at 333
Smithfield avenue and was bound over TO
the common pleas division OF the Supreme
Court.
The cases of Bernard McCula, for main
taininga liquor nuisance, and Edward
O'Neill for selling liquor at hat is known
~ the National Hotel on Orange street,
were continued until tomorrow morning.