The Providence news. (Providence [R.I.]) 1891-1906, 1895-09-28
STATES APPEAL
Judge Wilbur Denies Right
to a Jury Trial.
An Appeal Taken After Sharp Legal
Arguments.
A Big Suit Against the Clty-Appel-
late Court Matters.


OF counsel in Judge Milbur's court this
morning. The first business to come be-
fore the court was the appeals taken by
the Attorney General from. the allow
ments made by the commission appointed
TO determine the value of land taken for
ths new State house. IL will be- recalled
that when the commissioners made their
report some months ago, Attorney-Gen-
eral Dubois announced that he thought
the amounts allowed for the land taken
from certain parties was altogether too
large, and that he would see the opinion
of a jury on the matter. and so he asso-
clated with himself in this matter Arnold
Green. Esq. The Attorney-General and Mr..
Greene accordingly filed IL petitions for
jury trial TO ascertain the Judgment OF
jury on the value Of land belonging TO
different parties.
In court this morning, four of the own
ers of land on which tire commission set
price, namely Margaret +. Woods, War
rem X. Pierce, the Francis heirs, and the
Wallis heirs were represented by Messrs.
Ripley, James Tillinghast and Warren X.
Pierce in court.
tion for jury trial in the case above
named be denied.
Mr.. Greene said there were some diff
culties in the way in this matter, and un-
der the judiciary act Ii was almost impos-
sible, he thought, any lawyer would
"a
simple from the Appellate Court In such
case as the present one, when the juris-
| diction was given in such matters as ap-
peals in the assessing OF damages, and
taking of property after the report of
commission. The law provides in such
cases for new trial, and II your honor
dismisses our petition, L would not be
surprised II the gentlemen on the other
side would claim that the only right CIV
Ell the State was that OF new trial,
| which presupposes another trial, and IL II
has no remedy that Is its own fault. He
| theE suggested that the easiest way out
| OF the difficulty would be for his honor TO
report the matter to the chief justice, and
| have that official designate a majority OF
| the judges of the Supreme Court to hear
the case, for the chief justice had deciued
time and again that the two divisions
| were not separate courts.
Mr.. Ripley replied that IL Judge Wilbur
denied the States motion, Its counsel
| could take an exception TO appellate div
! ision, and the matter be easily disposed OF.
| Attorney General Dubois suggested his
honor might wish to consult his col
| leagues.
Judge Wilbur said he agreed that Mr..
Riplevs plan seemed to him the best, and
he would deny the States right to jury
| trial in the matter.
The arguments were very keen and in
teresting on the subject Mr.. Green en-
deavoring To find all the fault that was
| possible with the procedure provided by
the judiciary act and its amendments.
The will of the late Moses b. jenkins
| was formally approved by jury.
! SUIT AGAINST THE CITY.
| The second trial OF the suit of John
| Blessing against the city of Providence
| for the recovery OF S20, 900 damages for in
! juries alleged TO have been received by
the negligence OF the city at the time of
| the construction OF the Charles street
bridge over the New York, New Haven &
Hartford Railroad Company's tracks.
Blessing claims he stepped off one of the
walls of the entrance 10 the bridge aftei
it had been open TO public travel on the
evening of November IL, 1852 The cause
of the accident, he claims, is the city had
not put up proper railing at the walls.
The case was tried in October, 1894, and
the Jury disagreed. After the opening of
the case today the jury went to view the
premises, and were then excused for the
day.
Page & Owen for the plaintiff; Assist.
ant City Solicitor A. A. Baker for the de-
fendant.
APPELLATE DIVISION.
In the appellate division of the Su
preme Court today, DEGREES were entered
in the following cases:
James Flynn VS.. Patrick Mcmahon
Continuing the ad iterum injunction un
til the final disposition of the origina
bill.
National Exchange Bank W.. Walton
Ordered that the case be set down 70
hearing October 2S.
May Il. Fisher ct al for appointment o
trustee. Petition granted, and William
&. Tibbitts of Warwick appointed truste
under the will OF Ezra j. Cady.
Charles Storer VS.. Richard Harrison
Complainant ordered to close his testimo
ny before Novem Der 16.
In re assignment OF Patrick r. Tohin
Owen McParlin assignee, ordered returnt'
On inventory under oath of the estate o
said assignor on or before the titth day
of October, 1895, and said assignee is also
ordered to give "A bond.
Another hearing was had Ia the case o.
National Rubber Company against che
Rhode Island Hospital Trust Company
On the motion to,dissolve the injunction
! obtained by tine plaintiff against the de
fendant restraining tho transfer Of certain
bonds.