The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-24
MUCH TROUBLE.
A History Of Birch Hill
Church Society.
Trustee Hada Answer Ready
for His Opponents.
Some Other Cases in the Courts
T0day--Decrees Entered.

ne Ol tue bctnel DIX
Baptist Church of Birch Hill occupied the
attention of the appellate court this
morning for several hours. About 80 years
sgo a number OF residents OF that section
of Warwick, near Birch Hill, VINO wer-
believers in the tenents o' che six Prime
ciple Baptists, formed a church society.
Though they never secured charter
from the General Assembly they coniinu-
ed for long time TO hold services at a
meeting house on land that was donated
to them, and the ordinary business con-
nected with the society was conducted by
trustees
As.the years went by the affairs OF the
society tegan to decay, the worshippers
became old and enfsebled, no young per-
sons TOOK their PLACES, the trustees died
OF and the management OF the Affairs of
the society fell on the shoulders of one
man, who claims to have been for nearly
the whole period of the society's exist
ence, the main gnide and director OF its
analfs, and to have managed the property
with prudence that should have won
blm the approval of the old and the grail
itudo OF the yoOng. Still! lis management
WIS not satisfactory, and some of those
who still remain MON GERS OF the chur ch
became 20 dissa .ishai with his actions
that IN January, Is9i. they filed a bill in
equity in che Supreme ourt asking that
he might explain certain act ions OF his
come ted win the management OF the
tocisty's affairs, and also account for
funds alleged 10 have been placed in his
hands.
The main features of the ti.l OF COM
pisInt, hearing On which was had today
were as follows: The complainants are
William i. talS1r r nth Chase and Eliza
th Dawley II Kent county, Amery
Angel and Edwin Parker OF Scituate,
John w. Cory, Jr., and Julia A. Cory of
providence, mem ners OF the church of
kiverpoigt on Ruek Hill. Daniel NJ.
Nhitiord, Daniel M. Nathewson and
Nathaniel n. Cnsce OF Coventry, elected
by vote of the society trustees OF the
estate and property ol aid Bethel Church;
and the ceieHdants towen A. Sweet OF
Coventry, Albert w. Knight OF Warwick
ana I. g Pbenix saVings Bank OF Phenix.
After reciting the purchae of furniture
necessary for the church and other SINH
lnr matter il is stated that George Ken
yon, frlend of the society in 1864 ex-
pressed bis desire 70 convey lot TO the
mem bors to be used for church purposes.
In August OF the same year Eowen a.
Sweet, Benjamin Essex and Wanton A.
VI ihtford were appointed 10y the society
trustees 30 taken the deed from Mr.. Ken
yon and it stood in their names until
1891. Mr.. sweets associates died
at different times ard in 1855
Mr.. Sweet resigned and j. Titus An
crews was elected his successor, bat re-
fused TO accept the honor coc ferred upon
HIM. There was an interregnum of three
years. during which The socieii les affairs
were looked after, THO bill alleges, by
Mr.. Sweeetland. There was no meeting of
the society until 1SSY when in August
reeting OF some OF the older mem bers of
the society was, Ii is clgined, got to-
Rether secretly and MIR. Sweet was re-
elected trustee, and it was voted TO con-
sider him as such during the period after
his resignation. vote was passed at
this meeting held at Black Rock, Coven-
try, resembling the vote whereby his
resignation was sccreted in 1886.
In November, 1851, another one OF these
meetings wss heid and Mr.. sweet wss
directed to sell the land on which the
church stood and sold the same to Albert
W. Knight, who in turn mortgaged the
same to the Fhenix Savings bank.
This action not being satisfactory to
some OF the church members meeting
was held at which Bowen was removed
as trustee and Laniel ". Whitford, Dan
lei NJ. Mathewson ard Nathaniel n.
Chace were elected in his stead. IL is
further alleged that sweet drew out OF
the Centerville Bank large amounts of
money, part OF which was dividends on
stock bequeathed to the society by Charles
Arnold and also efter selling his farm,
invested $1,000 of the church funds in a
mortgage on the same.
the n,onies receives by Sweet, fer the
cancellation of the deed to Knight and OF
the mortgage made by the latter to the
Phenix Bank.
Cashier Fifield, of the Centerville Ma
tional Bank, was the frat witness called
by Albert X Green. counsel for the COM
plainarts, and testified that Mr.. Sweet
drew about S16c0 cut of that bank be-
tween 1856 and 1890
Mr.. Greene read couple OF depositions
that proved very amusing on account of
the keenness OF the replies made by wit
nesses under the cross examination OF
Mr.. sweet's counsel.
Daniel NJ. Whitford was called to tes-
tiiy as TO the meeting at which Sweet
was removed as a trustee, but his testi-
mony was curtailed by the objection by
Dexter X. Potter. counsel for Sweet, TO
his taking any part in the case, as witness
never was n member of the church. Tee
court held that Mr. Mhitford coul1 not act
at a meeting of the church, and no mem
ber OF the society had any right to
authorize him to do so. IL was claimed
by Mr.. Greene that as a number OF TIE
church members were very old they could
authorize younger and more sprightly
persons TO act for t5or. The court 'inti-
maietd that Mr.. Sweet had no right TO
sell the property left to the church.
Mr.. sweet testified that for many years
he had practically done all tho work
necessary To keep the church from falling
to decay. He presented an itcmized nc
count OF ali the moneys received and ex-
pended by bin during the 81 years he has
been secretary and this account showed
that the eUcsty owo1 him about s2h. The
5000 once invested In q mortgage was
at present In the Rhode Island hospital
Trust Compan The number OF mem.
bers OF The church Is now 20.
A decree was entered I'm the case OF
Ellen O'Lesry VS.. Patrick Cox, ct al. di-
recting that the bank deposit IN the Joint