The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-03
Railroad Company Claims
Damages Excessive.
George c. Watson Seeks a
Writ of HabeaS Corpus.
Fifth Day of the AylSworth Case.
Interesting Testimony.

In the trial Of the Aylsworth will case TO.
dag the check hook OF the deceased and tho
records Of the Westminster Bank were intro
duced by tho appellants, in sn endeavor TO
show that after December ), 1884, Judge
Ay!sworth cid no business himself, but that
checks represented to be signed by him were
in fact. signed by other parties.
Mrs. Eliza A. Burlingsme. youngest daugh.
ter of Eli Aylsworth by his first wife, was
the first witness called today. In answer to
questions by Mr.. Brown. she said: She has
since 1888 resided at the mansion house Of her
father, at the corner OF Hoyle and Broad
streets. She nursed her father until his re-
covery from n severe attack of pneumonia.
and also attended him In tho many sioknesses
he had during the following years. Her
father had. in the summer of 1856. given her
a sealed envelope, after coming back from
tho bank which he said was net to be opened
until after his death. This envelope contained
a check for $1,000, which has not been paid.
Her father complained Of his head trouble
more or less after the attack of pneumonia,
and almost constantly after 1890. During the
last year of his life. Judge Aylsworth, when
he went TO the bank. did not stof, there over
an hour. and he frequently fell in going up
and down the stairs.
The only book she ever read TO her father
was the "Aylsworth Genealogy." Tho part
he was most interestsd in was tho account OF
his own life. She also read from tho news
papers the account OF the Borden and other
murders.
Mr.. 3. ;. Sprague and his wife visited her
father in February. 1892. and the latter's talk
was not In the opinion of the witness sensible
but it was not"sn uch different from what it
hud- been for over year. After 1891 her
father had bosn depressed in spirits.
Whom the witness came from New York she
brought the furnishing of l2 rooms from her
own home there. and placed them in her
fathers home. and this furniture and some
silverware and hne pictures were in Juugc
Aylsworth's home when he died.
Judge y isworth's third wife had the last
two years OF her life constantly complained
of the extravaganza of the witness at the
table ana when anything bappsped- TO go
wrong. Mrs. Aylsworth would toll tho Judge
that it was done by his favorite daughter
and he would have TO stand IL. In 1883 she re-
ceivod SO. and in 1883 all the children re-
ceiyed 500: after 1856, she got a present of
$40 year for shoes and once afterward
when going 10 New York. her father gave
her s5. Her father had told her that in his
first will he had given her the use of the
house for 10 years after her mothers death,
and $1,000 year She knew her father was
TO make n second will.
Her father had in 1866 taken Sl2s that had
been in hank belonging 80 her. and said he
invested IL in first mortgage. She had
several years afterward asked for her money.
somo memorandum about IL, and he told
her that there was a note for IL in her little
trunk In the Westminster Bank.
At the reception, held in honor CT the
judges g0th birthday, no had insisted on tho
issuance of COO invitations, and il was with
great difficalty that he could be induced not
TO have invitations sent to persons that had
been dead for years. The judge required the
use of stimulants before the reception.
APPELLATE DIVISION.
Before Chief Justice MattesoL and Justices
stiness aud Tillinghast this morning the fol-
lowing matters were heard:
james Il. Dennison asked for n writ OF
habeas corpus for Francis g. Watson, who it
is alleged. is confined at tn. State institutions
at Cranstop. under four years sentence
having been srrasted on warrant that
charged no offence. Attorney General Dubois
represented the state. The court held tho
matter for advisemeBt.
The defendants petition for a new trial in
the case of william f. sn der vs.. Now York.
New Haven a. Hartford Railroad was heard.
Colonel i. >. Arnold. in behalf Of his clients.
argued that tho petition should be granted
for six reasons. Because the verdict was
against the law and tho evidence. and tho
weight thereof: error OH the part of the pre-
sidint Justice in charging the jury in refus-
ing 20 admt.csrtain evidence offered by the
defendant in refusing to charge,as requested
by the defendant; in charging as requested
by the plaintiff; and because the damages
given by the jury were excessive.
This case was tried in the common pleas
division before Mr.. Justice Rogers last sum
mer, and tho jury gave the plaintiff a verdict
OF Sl5 900.
Waltor II. Vincent. counsel for Snyder,
argued against tho granting of the petition.