The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-25

Namara running away and Earle follow
ing him at a rapid rate.
The defence here rested and the At
torney General after q moment or two.of
consideration, decided to call no more
witnesses.
Dennis j. Holland, counsel for the de-
| fendant, McNamara. began his argu-
ment in which he contended that the
State had not proved anything taken from
| the person and also that Mr.. Earle had
| given false testimony against the prison
| ers.
Charles II. Page, counsel for Hopkins
and Profit, began his argument shortly
before noon and he reviewed the testi-
mony in careful manner and asked the
| jury to acquit his two young clients.
Before Judge Rogers and jury was
tried today the suit of Matthew H.. Burn
side against George w. Spencer, Jr., to
recover $1,000 paid for stock in the War
wick Neck Building Company.
| The plaintiff alleges that by reason Of
| false repre- sentations as TO the value OF the
/ company's stock he was induced to pur-
| chase a number OF shares, and also to
| street in the town of North Providence to
| one Harry Il. McLane for five shares OF
| the stock at s120 per share, the agreed
| price being $500 In cash. The company,
| the plaintiff claims, was represented to
| have paid up capital Of s100 600 and to
be paying quarterly dividend Of 2 per
cent.
The Warwick Land Company, accord
| ing TO the testimony of the defendant,
| owns between 70 and 80 acres of land in
! the town Of Warwick which land was
purchased from the heirs of Byron
and incorporated on the follow Ing month.
| IL had no other capital or resources and
the value OF the estate purchased was
| about s20, 900.
On cross examination Mr.. Burnside ad-
mitted visiting the land before he pur-
chased the stock and also that he had ex-
| pressed himself as satisfied with II. He
| qualified the latter part of his statement
| by saying he was satisfied with 1t IL the
stories told by, Mr.. Spencer about its re-
| ing clear of mortgages and the capital
stock beiug all paid in.
Mr.. Burnside testified that he had made
an effort TO dispose of the stock OF the
company and claims no false representa-
| tions were made ard that II the land re-
| tain ed by the company Is sold at the
same rate MS what some Of 1t has been al
ready sold for the stock will prove very
valuatle.
James c. Collins and James Z. Col
lins, Jr., were attorneys for the plaintiff
and George III. Huddy, Jr., represented
the defendant.
APPELLATE DIVISION.
A hearing was had-Sn defendants petit
! tion in the case of William +. Maroney
VS.. Bernard McCsughey ct. al., for new
| trial on the ground that the verdict OF a
| jury in the common pleas division of the
court was an unjust one, being against
the evidence and also on the ground OF
newly discovered evidence this morning.
In the trial of the case in the other di-
vision the jury gave verdict for the
plaintiff fol $4,000. The suit was brought
! TO recover 10000 damages for slander,
being in the first instance the result OF
rather noisy troubles In the ranks of the
| Pawtucket Democracy.
Charles E. German opposed the grant
! ing of the petition because the verdict OF
the jury was warranted by tine evidence
and because the alleged new evidence
could have been obtained had the counsel
for the defendant used reasonable dill
gence p revious to the former trial.
One OF the pieces OF new evidence in
troduced by the counsel for defendant,
Hugh j. Carroll and Jospeh Osfield, Jr.,
was an affidavit of city treasurer Gates
Pawtucket had paid the expenses con-
nected with the action brought by MIR.
Maroney when an effort was made TO re-
move him from the office OF tax assessor.
Mr.. Carroll this morning stated that Mr..
Naroney had testified ct the trial of the
DEMURRER ovERRULED.
The following rescript was handed
down in the appellate division today in
} the case Of Samuel p. Colt, assignee, VS..
soars Commercial Company: "rhe bill
alleges on information that the re-
spondent Schaeffer sets up a claim to the
bonds in suit, and that the Rhode Island
Hospital Trust Company held them for
him. The bill further alleges that
G.s. IT, l. q - H. -
the value OF the bonds, but that he took
and holds them subject to the rights and
equ ties OF the complainant set forth in
the bill.
"The demurrer admits these allegations
to be true. IL hey be true, we think that
schaeffer is proper IL not necessary
party to the suit: for unless he Is party,
so that ne may come In and substantiate
his claim, the cecree of this court would
not affect him, and so would not be con-
elusive OF the controversy.
''We do not think that the mere fact
that interest has been paid on the bonds
which Is all that appears on the bill, is
sufficient basi, without more on which to
hold the complainant estopped from main
tanning a suit.
"we do not think that the bill is de-
INJURED on the ground that the complain
ants remedy Is at law, portion of the
relief sought being such that court of
Demurrer overruled."
a TRUST DECLINED.
The case of II. /. Hospi,al Trust Com
pany VS. John l.. sutherland ct al, and
the same VS.. Elizabeth Gallagher ct al,
We're cases asking for the courts instruc-
tion as to certain trust property in IFS
hands and were heard in part by the APP
peliate division this afternoon.
In the first case John l.. Sutherland
has renounced and declinen to accept the
trusts under the viii OF Charles X. New
combs OF whom the complainant IS the
administrator with the will annexed. MIR.
Newcomb be left one fourth of his estate
TO seid Sutherland In trust for the child
rem OF Henry Gallagher of Clinton, N.
j., These children ask that the property
may tie distributed among them.
The second case Involves the same
points and the Trust COMPANY asks the
court 10 whom the fund in its hands
shall be trans erred and IL the court will
decree the trust under the will OF New
combe term mated.
James Tillinghast appeared for the
com MIA inants and Thomas g. Gfcena