The Providence news. (Providence [R.I.]) 1891-1906, 1895-11-07
Judge StineSS Refuses to
Interfere.
Dispositions in Colt Case Taken
at North Conway Tomorrow.
Some Interesting Cases in Common
Pleas Divisional Small Verdict.

Late yesterday afternoon Judge Stipess,
sitting in chambers, denied the applics-
tion of Francis Colwell, counsel for ex-
Attorney General Colt to postpone the
taking of depositions OF witnesses in be-
half OF Mrs. Colt at North Conway, N.
H.. tomorrow. The grounds on which
the postponement was asked were because
OF the insufficiency OF the notice and
the great inconvenience respondent
would be put TO in going to the place
named. The Judges action is claimed
TO be of great benefit to Mrs. Colt, as by
the taking OF testimony at once she will
have the beneat of some depositions IL
would have been impossible TO obtain had
the delay asked for been granted.
Rathbone Gardner, who represents Mrs.
Colt, Francis Colwell, who represents
Colonel Colt and Samuel X. Honey of
Newport, who is one OF the counsel for
j. j. Van Allen in the 5000, 600 suit
brought by Colt for alienation of Mrs.
Colts affections, all left for North Con-
way this morning.
COMMON PLEAS DIVISION.
The cries of a four.week sold child figured
IN case tried before -ndge Rogers aud a
jury today. The parties TO the suit were
Louis W. Morse and Albert II. Thornton. the
former being the plaintiff. and the latter the
defendant. Mr.. Morse sought 10 recover Sl0OO
for injuries received at the hands OF Mr..
Thornton.
Mr.. Morse sworc that on the 9th of July.
about p. M. Mr.. Thornton came into mis-
tenement, which is an upstairs one ON Claver-
ick street, and asked him IL he would not stop
the cries OF the infant Morse. The plaintiff
naturally replied that he had no control over
the crying OF the child. but he would try 10
have IL Inconvenience Mr.. Thornton rs little
possible. This seemed satisfactory and Mr..
Thornton went down stairs.
little while afterwartl, as Mr.. Morse, who
was at the time member of the Providence
fire department. was going past the defend
ants tenement, he was called in by him. Mr..
Morse was not inclined TO accept the invita-
tion thus extended 10 him. for 10 seemed too
much like the ancient invitation OF The spider
10 the fly. he hesitated. ana was lost. for,
although he was not as badly done for as tho
tabled fly, according To his testimony he was
assaulted
The first words addressed TO him by Thorn
ton, whc, by the way, Ii plaintiffs landlord,
we're of pleasant nature, Tor they were TO
the effect that there had been ill-feeling
enough between them. and IL was about time
it ended. To this remark the plaintiff re-
piled, that Is, he swore be did 81 guess IL
our wives stopped gossipiug there would be
nIsintif % and the defendant ID disagree. agree for the the
latter claims that Morse called the belpmate
of the landlord a liar but. az any rate, the
plaintiff testified the defendant struck him IL
the face first with a bank book and then
with his fists. ana in trying to get out of the
way MIR. Morse struck his head against q door
iamb. DR.. Godding testified 10 the plaintiffs
having severe bruises on his face after the
affair.
la cross-examination. T. F. Cosgrove coun.
sci for the defendant, asked the plaintiff what
he was discharged from the fire department
for, but John 4. Conley, who was the plain
lifts attorney, objected 10 the question and
the objection was sustained by the court.
The testimony Of the defendant and OF his
witnesses was to the effect that Mr. Morse
was the aggressor in the disturbance, and
that Mr. Thornton did not interfere with
him. only TO the necessary extent OF getting
him out OF house whore he had insul.ed the
lazy OF the house.
A SMALL VERDICT.
The jury in the suit o. Theresa and Joseph
Vincenti VS.. Julia T.. Calvin Drought in
sealed verdict in favor OF the plaintiff for sll
In the lower court decision WAS given for the
plaintiff for $50 and costs. and from this de-
cision the defendant appealed.
CONFLICTING CLAIMS
Another interesting case was tried before
Judge Wilbur and Jury this morning. IL was
tho suit of William II Stone of Cranston TO
recover S51 balance alleged 10 be due by Ed.
ward ItLassell for ioard. Tie defendant ia
the brother of the plaintiffs wife. and she
testified that he asked her TO board him, and
she agreed o do 70 II he paid her s3 a week.
Tho defendant, between October 1883 and
July, 1894, stopped at the plaintiff . home, III
all 10 weeks and paid Ell, which left the BAL
anco sued for. The defendant pleaded gen
ersl denial 20 the debt, and also AS set-off to
plaintiffs claim, several obligations on writ
statute of limitations prevented the defendant
from having these alleged debts taken out OF
the sum sued Tor In THIS case.
The detendant testified that the plaintiff be-
tween 1888 and 1890 borrowed S32 from him in
small sums, the interest on which amounted
10 so. that he paid for a pair of trousers for
the defendant, and that he sent him S23 in a
registered letter.
His counsel. Percy .. Slocum. explained
about the order for trousers, that rho defend
ant bad never married, and as tile, under
standing was that he was 20 make his home
with Mr.. stone, their business relations were
closer than would otherwise be the case
The trial OF the suit Of James Mulligan
against the Union Railroad Company. which
was on the calendar today, was, after 9brIcf
argument against postlonement 10y Mr.. owen,
counsel for the plaintiff, put OF until the 10Th
inst
There was one unique bit OF evidence put
in in tho trial OF this case. Tho defendant
claimed ne had sent the plaintin S25 in
registered letter. The postmnsters receipt
for this letter with tho figures H on ~ was
offered In evidence. NJ, ID. l.. Mowry. counsel
for plaintiff. argued that the tgures y only
DESIGNATE the number OF the receipts, and Mr..
slocum claimed they represented tho amount
Of money sent 90 plaintiff.
The defendant, in addition 10 claims OF off
set rs above noted. testified he had uone house
painting for the plaintiff and also chopped
considerable wood at his request. for all Of
which payment was promised. but never
made.
VERDICT ron PLAISIIFf.
Tho fury In the case of Sherman Brothers
against Lorir I.add found verdict for tho
plaintin FOR full amount Of claim and interest
la the case OF Collins * Ham against the
town uf Lincoln. the Jury rendered. verdict
in favor of the plaintiff for S25 The amount
sued for was ~lpOO.
In tho assault case Morse vs. Thornton. the
jury this afternoon brought in n verdict
awarding the plaintiff 80 damages.