The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-20
TH|RDEDIT|0N
BIB O'CLOCK.
A SECOND TRIAL.
Suit Against the Town of
Lincoln.
Criminals Tried and Convicted
in Court Today.
Case in Appellate Court--verdict in
Ferris Will Case.

The appellate court decided this morn
ing after hearing Of the case OF William
p. Sheffield, Jr., trustee, against Horace
Remington and wife, that the respond
ents must carry out the agreement made
by them with the complainants to accept
a deed and pay the purchase money for
lot OF land on what Is known as the
"Adelaide Grove Plat" This lot of land
was part of the j. j. Cooke estate and Mr..
Sheffield was appointed by the appellate
court some months ago trustee under the
last will and testament OF said Cooke.
On che 10th of January Of the present
year one OF the respondents, Mrs. Rem
ington, agreed to purchase the land re-
ferred to, but when Mr.. Sheffield was
ready with the deed she declined to ac-
cept the same Cor certain reasons.
Counsel for the trustee thereupon
brought bill i'm equity for the specific
performance of the contract. The rea-
sons given in the respondents answer for
declining to fulfill the agreement related
to the right of Mr.. Sheffield under the
decree of the court appointing him to
give a good deed to the land 1t was agreed
by the respondent to purchase. In the
first place II was claimed that by the Will
OF the deceased a personal and discretion
ary trust was given to this executor and
his successors In regard to the property
devised and that the successor to the ex-
ecutor should have been appointed ad-
ministrator with the will annexed. In
the second place IL was claimed the COM
plainants under the decree OF the court
could not give deed in fee simple of the
land in question as neither the decree Of
the court appointing him or the powers
of the will permitted him TO do so.
The court decided that the complainant
was entitled TO the relief asked for and
this settled the point that Sheffield had
all the powers that were invested by
Cooke In his executor under the will in
question.
Rathbone Gardner was counsel for the
plaintiff and Walter +. Angel represented
the respondents.
The case OF William f. Potter, ct ux.
VS.. James Dolan, adr., was heard on de-
murrer TO certain pleas.
The petition of Amanda A. Blackmar
for divorce from her husband, Charles
X. Blackmar, which was to have been
heard today, was by agreement of counsel
postponed until April 27.-
A hearing was had on the demurrers in
the case OF Lawrence Preston VS.. Prov
dence Journal.
ADMITTED THEFT OF DIAMOND RING.
John ii. Emerson, IL the stories told by
a number OF witnesses for the State are
true, began the new year in rather poor
bay, for these witnesses testified that on
January of the present year he stole
goods of the value OF s497. He was tried
before Judge Wilbur and a jury this
morning.
Emerson was indicted by the.last grand
jury and was employed by the American
Loan Company as porter. 1t Is claimed
that he stole 20 watches of the value Of
Sl5 each, a diamond ring valued at SlJ0,
a L.. II. 4
he had permission to take the goods and
sell them, but he admitted he had pawned
the goods. lie testified, however, that he
told Treasurer Hunt of the American Loan
Company that he had pawned the goods
because he had lost his money gambling.
The prisoner also claimed he wss under
$500 bonds TO his former employers, the
security icing furnished by his fahsr-
in-law.
On cross examination bv the attorney
general the prisoner admitted the theft CT
the diamond ring.
Emerson acted very strangely after this
admission, for after agreeing, on the adj
vice of his counsel, TO plead nolo con-
tendere, he changed his mind and insist
ed on his former plea OF not guilty. The
case went to the jury this afternoon.
A WATCH THIEF SENTENCED.
The trial of Nellie +. Mcdonald, in
dicted for the larceny OF a watch valued
ut 500, and n watch guard valued at 81. 25
from Nathaniel Il. Arnold, was begun
this morning before Judge Wilbur.
Nathaniel Il. Arnold testified that he
met the defendant who claimed to be
badly In need Of food. He took the
prisoner to the Girard House where he
paid for lunch for her and while she
was eating the same he fell asleep and
when he awoke his watch valued at $50
and watch guard valued as sl.25 were
missing The prisoner claimed the watch
and guard were given her by Arnold.
The jury found her guilty and she was
senteuced TO 10 months in states prison.
Attorney General Dubois appeared for
the state and Dennis j. Holland for the
defendant.
CLAIMS HE WAS BADLY INJURED.
Before Judge Rogers and a jury was be-
gun this morning the second trial of the
suit OF Nicholas McCloskey VS.. the town
of Lincoln for $500, damages for nm in
jury received by him on the evening OF
Dec. 17,iS94, owing to the icy and broken
condition OF bricge over the Blackstone
river near Valley Falls. McCloskey claims
he fell TO the sidewalk and received pain
full and permanent Injuries. At the
former trial OF the case the court granted
defendants request for non suit but
the appellate court granted new trial.
till and B. NJ. Bosworth for the defen-
dant.
JURY DECIDED AGAINST THE WILL.
The Jury that for about threo days
heard the testimony i'm regard TO an in
strument purporting to be the last will
and testament OF Gilberto Ferri decided
such instrument not to have been made
while he was OF sound and disposing
mind.
Continued on Page 81