The Providence news. (Providence [R.I.]) 1891-1906, 1895-04-22
Legal Fight for Possession
Of a Tip Cart.
Michael Goodwin Claims That II Was
a Wedding Present.
Rights of Citizens to Dig CLANS Be-
tween High and Low Water Argued.

.
against Michael Goodwin OF Pawtucket
was tried before Judge Wilbur, in the
common pleas division OF the Supreme
Court, this morning. The case was in many
respects an amusing one. The plaintiff
sued for the recovery of a tip cart, mare
and harness, all OF the value of EGO, which
he claimed the defendant had converted
to his own use and refused TO give up.
The defendant claimed that the articles
mentioned had been given to him by
the plaintiff in January, 1890. According
to McAleer's story he was married
to the defendants sister about the time
the things sued for were loaned to him,
and the defendant used them for the
animals keeping, but when the time
came that McAleer wanted them Good
win appeared surprised that the return
of the presents, SIS he called them,
should be demanded. The plaintiff
is about 20 years old, and a man of con-
siderable property. His cross-examina-
tion by Hugh j. Carroll, Goodwin's coun-
sci, showed that the course OF his late
matrimonial experience had not been
without its storms. The jury, after
brief consideration of the case, gave ver-
dict for the plaintiff for s255.
At the opening OF this mornings
session of Judge Wilbur's court
the jury which for three days past
has heard testimony in the suit of Jacob
and Yetta Kwaitt against the Old Colony
Railroad Company brought in a sealed
verdict OF 500 for the plaintiffs.
The suit OF Mary and Martha
Gormley, against the same corporation,
which involved the same question as tho
one above, which was on the calendar for
trial today, was passed at the suggestion
OF Mr.. McGuinness, counsel for the plain
tiffs. 1t is probable that the latter case
will be settled out OF court. George j.
West wGs counsel for the defendant.
Tho suit of Edward Martin and wife
against Thomas Bentiy for slander
was begun in the common pleas
division this noon. The plaintiffs
claim that on July IA, 1894, while
the plaintiffs we're residing in q tenement
owned by the defendant the latter made
use Of certain words derogatory to Mrs.
Martins character. The suit is for $780,
and the defendants deny the use of the
slanderous words as charged.
Appellate Division.
Before Chief Justice Matteson and JUS
tices Tillinghas and Douglass, this morn
ing, was heard the petition OF John p.
Allen for new trial in the case against
him brought by John Allen, and in which
a verdict was brought in in
favor of the latter by jury.
The case is one that has attracted
much attention as it involves the right of
citizens to fish along shore between high
and low water. Attorney L. g. Olney,
who appeared for the applicant for new
trial, claimed that Judge Stiness had in
structed the jury that il the plaintiff had
for 20 years undijputed possession OF the
property adjoining the shore tho defend
ant, who was digging clans on the shore,
was trespaeser and counsel claimed on
this ground the jury had brought in a
verdict against his client. Mr.. Olney
claimed that the right to fish or dig clans
between high and low water was an un-
disputed ono in law and quoted many
opinions involving the point and sustain
ing his view.
S. w. X. Allen, counsel for the plaintiff,
argued against a new trial, claiming the
law in this State was not as counsel for
the other side had stated and as most
people believed.
Judge Tillinghast: 81 have always
thought that the law was as counsel for
appellant stated it," The Chief Justice
and Judge Douglass acquiesced in belief
as to right OF parties to fish in the waters
of the State between high and low water.
Tho place where the fishing was done
was in North Kingstown near the State
Camp on Narragansett bay. Mr.. Allen
claimed that unless the right to fish in a
certain spot between high and
low water was acknowledged
before tho charter OF King
Charles ii. there was no right in the citi-
zens OF the State to go and fish or dig
CLANS there. lilo made a long and inter
estipg argument that involved thatch
rights and the manner in which title to
land i'm this State was originally ac-
quired.
District Court Cases.
Towanda Chair Company vs.. Ellen A.
Cook. Decision for plaintiff OF si4.O9 by
agreement.
John Thornton VS.. Thomas w. Thorn
ton. Decision for the plaintiff for
possession and costs by submission OF the
defendant.
Annie G. Linke vs.. Horatio Fraser.
Decision for plaintiff for go and costs by
1efendant's submission.
Horatio Fraser vs.. Anna G. Linke. De-