The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-24

be injurious to the taxpayers of town.
The court held the matter for advisement.
A CONFLICT OF TESTIMONY.
Before Judge Wilbur and a jury was
tried today the appeal of the plaintiffs
from the decision of the Sixth court in
the case Of Emma T.. Allen We. Frank A.
Staples. The action was one TO recover a
mare colt that on the 10th day OF May
last was two years old. The plaintiff
claimed that the colt was one of the ia
nous Wilkes colts and had been taught
tricks when very young, and that IL came
wrongfully into the possession OF the de-
PENDANTS.
After the opening statement of the case
by Attorney b. l.. Dennis for the plain
tiff, John Palmer, counsel for the defend
ant, called attention of the court TO the
fact that the plaintiff was a married wo-
man and the action should have been
brought in her husbands name.
The court gave the plaintiffs counsel
leave 10 amend his declaration.
Mrs. Alien testified that the colt, which
bad been replevined by her, had a num-
ber of marks and also the brand mark
"a" on 1t. She had placed the animal
at the pasture of j. II. Collingwood in
May, 1894, and had not seen it again un-
til May, 1895. when she saw It in the pos
session of Mrs. Staples. That after the
colt came again into her possession she
was even more certain that the animal
was bers by reason of its readily perform
ing tricks that she had taught the Wilk-
es colt that was formerly in her posses
sion.
According to DIR. Allen, who is the hus-
band OF Mrs. Allen, the colt, when its
possession was recovered by the plaintiff,
was almost entirely blind and Mr. Staples
claimed it was of different breed from
the Wilkes, though the doctor was sure
it did belong to the latter breed.
On cross-examination DR.. Allen stated
that he heard that the colt he had placed
at Collingwood had tetn stolen. Mr..
Staples had offered TO give up the animal
If the witness satisfied him it was the
latter's property.
The witness also said TO Mr.. Palmer
that he did not now nor never had
charged that Mr. Staples stole Mrs. Aliens
colt.
The defendant claims the colt in dis.
pute was brought up by him and had al
ways been in his possession since its birth
and that another horse owned by him Is
full sister 10 the colt.
Both sides presented the testimony of a
number of witnesses TO sustain their
claim OF ownership for the more or less
valuab BILE animal.
With Mr.. Dennis was associated T.. c.
Peirce and John Palmer represented the
defendant.
ATTORNEYS WERE NOT READY.
The only case on the motion calendar
that the attorneys interested in were
ready for hearing in the common pleas
division of the Supreme Court was that of
the Providence Albertype Company VS..
Kent Stanley Company. This was mo-
tion TO strike out certain pleas in the
plaintiffs declaration. Judge Rogers held
the case for advisement.
John T. Blodgett appeared for the
Tlaintiff and James NJ. Ripley and Wilson
and Jencks for the defendant.
ExAMINATIoNs FOR ADMISSION TO THE
BAR.
The committee on examination OF can
didates for admission to the bar recently
appointed by the appellate division of
the Supreme Court has decided to hold
the exam inations on March IS and 30 and
April j. All applicants must file their
applications with certificates as 20 good
moral character 10 days before March 80.
DECISIONS IN DISTRICT COURT.
The following civil cases were decided
in the sixth District Court today.
Harrison A. McKenny vs.. Charles II.
Russell. Gecision for the plaintiff for
s7s. 65. The latter was counsel for the de-
fendant in contested petition for di-
vorces
Frank +. Iadd VS.. Charles p. Gray. De-
cision for the rlaintiff for possession of
one chaiing dish, one enRral ing, one pearl
shell, one mahogany iardiniere stand and
one umbrella.
. Kate Monahan VS.. Arthur Higgins
Decisionsfor the defendant Dy submission
OF the defendant.
George A. Wilson We. Fred ID. Alvini.
Decision for the plaintiff for sl21.0S and
costs.
william B. Meade VS.. John II. Tucker
Continued on Page 3