The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-11
RECOMMITTED.
State House Land Commits
SiOnerS' Report.
Judge Douglass Refuses to
Confirm the'Viall Award.
Other Court MatterS--M0re TeSti-
mony in Aylsworth Case.

.Sefore Judge Douglass this morning num-
her Of motions in cases were made. including
one by Amasa NJ. Eaton, that the report OF
the State House land commissioners be con.
hrmed, so far as ii related to his client. Rich.
moDd Wall.
Attorney -G eneraI 4. q. Dubois said he did
not see how the report of the commissioners
could bo acted on at this time as the appel.
late division OF the court had decided that
the report must be recommitted for amend
ment.
Mr. Eaton argued that his client was un-
affected by tho upper courts decision, that
the commission had erred in allowing owners
OF lots taken damages for their rights in the
streets taken, as Mr.. Wall had been made no
allowance on that account
Judge Douglass thought il best TO have tho
commission amend ITS report before any
further action was taken. He said that tho
making the report conform to the rescrpt
banded down by the appellate division would
not take long, and ne suggested the drawing
or an order by the Attorney General recon-
mending the report in accordance with the
decision by the upper court.
The Attorney General drew the order as
suggested. and the case was thus disposed OF
for the present. IL expected the report will
be ready next Saturday.
In tho case of James Lynch, appellant. VS..
Fayette l.. Bartlett, the court granted
motion of 8 :. Lapham, counsel for the do
fendant. directing that the appellant lie
directed 10 designate what member OF lthe
Town Council OF Bnrrillville acted illegally in
the probsting of n certain will, and in what
such illegal action consisted.
THE AYLswoRTH CASE.
Counsellor Bassett bogpn the trial OF tho
Aylsworth will case today with tho reading
OF the instrument that has provoked so long n
contest. The names of the directors OF the
Westminster Bank were also read.
Mrs. Adelne a. Angel, daughter of Judge
Aylswortb was the first witness Of the day.
She described the brightness OF the Judge at
the afternoon and evening reception in honor
of his Goth birthday anniversary. The evening
after this reception she had discussed the
company present. and the reasons why some
persons were not invited TO IL. She saw no
mental change IN her father until his last
Illness in December. and claimed that he was
up to that time sound in his mind.
On REORGANIZATION by Mr.. Aldrich, wit
ness said she had asked hor father for a writ.
ing several times during the last years OF his
life. because when her husband was making
his will the Judge had told him to give his
children $500 more. and he would provide for
his daughter. the witness. The witness was
examined at great length "a to the partcu-
lars OF ner husbands will. and as to conversa.
tions with her father in regard to the same
The hearing for the day closed at noon.
APPELLATE DIVISION.
Ths following matters were heard and dis
posed of by Judge Tillinghast in the appellate
division OF the court today:
In tho cases of Roswell o. whitney vs.. Mary
Harrington ct al. and Josiah A. wbaley vs..
same. motions TO take tho bills pro confesso
were made and the respondents were given
10 days 10 answer.
Henrietta T.. Newell VS.. Charles II. Lawton,
ex. Motion for preliminary injunction denied.
Julia L. Sweet ct al.vs. Albert o. Robbins.
Decree entered appointing Edwin ID. Robbins
trustee OF the last viii OF Julia T. Robbins.
q e"oased.
Sarah d. Little vs. John u. Little Re.
spondent ordered TO pay Page & owen tha
sum Of s25son or before April l for counsel
fees OF the petitioner.
Rhode Island Hospital Trust Company VS..
Guy waring and wife et al. Charles J. Arms
appointed guardian ad Item for infant de.
PENDANTS in the case.
Providence Beef Company va. Charlos h.
Champhn. Jr. Preliminary injunction granted.
Thomas n. Biggan W. Fredouia 4. Bigsan.
Petitioner ordered 10 pay tho respondent e.
a week. ond $50 for counsel fees. Il. +. Cos.
grove for respondent.