The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-01
NEARLY ENDED.
Jury Soon to Decide
Weaver Will Contest.
Appellate Court Declares Will
liamS InSOlvent.
Tebbetts Must Pay Interest on Notes.
A Disappointment.

The Weaver viii case is nearing the
end, much TO the satisfaction Of the IL
Jurors who have been for nearly three
weeks hearing testimony in the case.
Miss Marion Weaver was the last wit
ness for the executrix in the main part
books kept by her father which showed
that his business had varied in different
years. and that one year IL was Sl0,0
less than in the previous year.
When Miss Weaver had finished her
testimony Mr.. Champlin OF counsel for
the executrix stated his case was al. in,
but Mr.. Baker, counsel for the appell-
ants, asked about the Portland deposi'
tions. Mr.. Champlin admitted he had
forgotten them, and began the reading
OF a half dozen depositions taken at that
city. They were TO the effect that for a
year previous to April, 1871, Mrs. Weaver,
then a Mrs. Richards, mad resided IN
Portland.
A number OF witnesses were then called
by MIR. Baker to deny material statements
made by the executrix as TO the manner
in which she had treated the children OF
Mr.. Weaver by his first wife.
HE MUST PAY INTEREST ON NOTES.
John Il. Conley, attorney for Ella A.
williams, formerly Ella A. Tebbetts, by
direction of Chief Justice Matteson en-
tered a degree in the Appellate Court
this morning directing Forrest A. Ieb-
betts, the former husband of'Mrs. VIII
liams, to pay so on the first of each
month to the holders OF notes secured
by mortgages on the property OF the lat
ter
These mortgages were given to raise
$1,000 for Mr.. Tebbetts to use in carrying
on his business and at the time OF the
divorce he was directed to pay the mon
ey his wife had given him to invest TO
her within three years. The court was
not satisfied Mr.. Tebbetts could puy this
sum so he was directed to pay the inter-
est on the mortgage notes.
WILLIAMS ApJUpGED INsoLvENT.
Eugene L. william. grocer, was to-
day at his own request, adjudged as in
solvent by Judge Wilbur and the mat
ters connected with the case referred TO
Lorin N. Cook, registrar in insolvency.
The assetts of MIR. Williams, according TO
the statement fled with his petition,
amou MT to $1,000 and consist of stock val
ued at $3.50, store fixtures valued Mt $50
and bills receivable 5000. The debts are
due principally TO Providence and Paw
tucket parties though Dwinell, Wright *
Co., OF Boston, are credited to the extent
of S207.22 The other large creditors are
w. .. Cornell, s725.2S; Whitford, Al
drich 81 Co., s572.H,, and .. B. Will
liams, SlOS.
MANY WERE DISAPPOINTED.
On the trial docket in the common
pleas division OF the supreme Court for
today the case of b. b. Thomas, q mem
ber OF the Congdon Street Baptist Church,
against deacon Green and sexton Burt,
was down for trial. The plaintiff must
wait a while longer for the justice he
seeks, as both Judge Rogers and Judge
Wilbur had cases before them that were
started previous TO the opening OF their
courts today.
The trouble between the plaintiff and
the defendants that had Leo TO the invok-
ing OF the aid Of the courts of the State
took place at the church named one even
ing in January last, when brother
Thomas, who is a venerable appearing
colored gentleman, claims that deacon
Green, the sexton of tho church, and
other members of the congregation, hav-
ing no respect for the plaintiffs years,
caught him by the throat and prevented
his expressing his opinions in an audible
manner. 1t Is claimed that brother
Thomas was expelled from the church
society because he neglected his duties as
a mem ber, and also paid no attention TO
~
retary. 1t is also stated "a an excuse for
the apparent refusal of Mr.. Thomas to
pay attention TO the notices sent him.
that, owing to the laws OF the State in
which he long resided previous to the
emancipation PROCLAMATION, he never
learned the art OF reading or writing.
After consulting with their clients this
morning, A. j. Mccarthy, who repre-
sented MIR. Thomas, and Joseph III. Mum
roe, who represented the defendants, ar
ranged for the trial OF the cfss next Sep
tenber. A large number OF the mem hers
OF the society with which the plaintiff
and defendants are connected, VINO were
presen tn the court, announced In quite
n determined manner their disappoint-
ment at the delay.
SOME CLOSE POINTS RAISED.
The trial OF the suit OF Adm Il. Trask
against Samuel Il. Cook, city treasurer OF
Woonsocket, was continued today i'm
Judge Milbur's court. One OF the chief
witnesses for the plaintiff was DIR. j. j.
Baxter OF Woonsocket, who testified that
the larger bone OF the plaintiffs leg that
was broken had never united and there
was every PROBABILITY that the injured
memter would always be weak.
The city solicitor OF Woonsocket Is
fighting the case very hard and there
were a number OF objections made by
him TO the admission of testimony and
one close question was whether the whole
OF the land worth Of the fence posts must
be deemed TO be [ be propoty OF the city,
ans part of the highway. Judge Will
bur ruled that any land enclosed by the
posts must be considered city property
and ~ a portion OF the sidewalk part Of
the highway.