The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-18
tx | IA!
$50 O'CLOCK.
WAS A PUZZLER.
A Jury'S Verdict Caused
Much Discussion.
Ex-Deputy Sheriff Sheehan's
Suit Against the City.
Large Number Of Matters Heard by
he Appellate Cou~-
Ex-Deputy Sheriff Sheehan's
Suit Against the City.
Large Number Of Matters Heard by
he Appellate C0u--

There was to have been n hearing In
this court today on an application OF the
Nelson Seamless Wire Company. for a
temporary injunction against X. A. Chace
d. Co., restraining tho latter from using
certain trolley wire to the injury of
the former.
The plaintiffs aud defendants are both
lessees of premises In building, corner
of Pine and Eddy street, which Is owned
by the Sarah Il. Eaton estate. The plain
tiff contends that a mechanical device
known as trolley wire, operated on the
ceiling by the defepdants just below the
floor used by the plaintiffs In the carry
ing on OF their business, works great Ia
jury to them. The floors, the latter
claim, are shaken SO badly that the oper-
ating OF certain delicate machinery is
impossible, and on this account they
suffer great financial injury. The defend
ants have not yet filed their answer to
the plaintiffs' bill.
Judge Tillinghast intimated that as the
case would have to be reheard by three
judges 1t might be well Tor counsel to
deal as briefly as possible with the case
today.
Cyrus NJ. Van slyck of Van slyck N
Mumford, counsel for the defendants,
said that IL Mr.. Eaton, counsel for the
plaintiffs, would agree TO postpone the
hearing his clients would agree to give
notice by an electric bell every time the
trolley machine was TO be used.
MIR. Eaton agreed to this provided the
hearing On the bill Of complaint was
liked Tor an early day and that the hearing
be had on oral testimony.
Judge Tillinghast, after consulting
with the chief Justice, directed that the
M QSf for
and said that the hearing should be an
oral one. The motion for temporary
Injunction was then withdrawn.
An application was made by Addie l..
Newton for counsel fees and an allow
ance from her husband, Horace Newton.
in the appellate court this morning. Re.
spondent was directed to pay his wife &
a week.
Judge Tillinghast remarked that appli-
cations for counsel fees and allowances
pending the hearing OF divorce petitions
were becoming very frequent.
counsel for the petitioner, "When you
and were practicipg law 20 years ago
there were no applications of this kind.n
TO this Mr.. Page replied People were
better then, your Honor, than they are
now"
HIS PROPERTY WILL BE TAKEN.
Judge Tillinghast today ordered that
an execution issue against the personal
property, chattels and real estate of John
Foxhall, who failed to comply with the
order OF the court to pay his wife s.
thing since lastsAugust and the amount
OF the execution Is s205.
THE NEW MEMBERS OF THE BAR SWORN IN.
The following gentlemen who success
fully passed the recent examination for
admission 10 the bar and otherwise satis-
fed committee of the appellate court
that they would prove valuable counsel
lors for the court were solemnly sworn in
this morning by Clerk Blasdell: Horatio
f. Ballou, Edward l. BrowneII, John j..
Butman, Robert M. franklin, Walter s.
Reynolds, Edward M. Burke and William
s. McCaughey.
OF the new members five, according to
the report of the committee on examina-
tions which consisted of Samuel Norris
Jr.. John w. Hogan and samuel r.
Douglass, attenned law school at least
one year and ali have lad q classical edu-
cation.
Charles f. Hasie OF Warwick was ad-
mitted to practice on motion of John 4.
Blodgett. Mr.. Hasie has for the last 10
years practiced law In Colorado, Mississjppi
and Kansas.
DEGREES AND oRpERs ENTERED.
The following orders and DEGREES were
Henry Z. Hale VS.. William X Green of
al; decree taking the bill pro confesso.
Charles A. Wilson, assignee, vs. Belcher
& LOOMS; ordered that respondents close
their testimony by May z
May Elizabeth Lothrop VS.. Frederick L.
Lothropj petitioner required to furnish
In writing particulars as to cherges i'm
her divorce petition against respondents.
An opinion was today handed down by
the court In the case Of Robert Hargraves
vs.. the A. b. Pitkins Machinery Com
pany. The opinion written nv Mr.. JUS
tice Stiness sustains the demurrer.
COMMON PLEAS DIVISION.
There have been juries whose yerdicts
or failures TO agree upon a verdict have
teen subjects OF much interesting COM
ment during the past few weeks, but prob
ably the one that came into Judge Will
bur's court with verdict is entitled to the
prize. The members yesterday heard the
testimony in the case OF Patrick Cooney,
who sued j. Marshall Lincoln 10 recover
5000 for the loss OF HIS wife's services.
The jury after considering the case for
several hours were told by Judge wilbur
to bring in sealed verdict and shortly
before z O'Clock last evening the men,
bers agreed TO a verdict for the plaintiff
in so far as the defendant being guilty of
negligence. They could not agree, how
ever, as to wbat the value OF the plain
tifi's wife's services were, and having In
formed Deputy Sheriff Barrows that they
had agreed all were let go for the night.
This verdict they solemniy gave to
Judge Wilbur when called this morning,
much to his hoDor's surprise. Then
counsel for the plaintiff, Charles T.. Cor
man, wanted the Jury sent back but ns
the members had separated this could not
he done without the consent of the de-
fendant's counsel, Dexter b. Potter, who
was not in court
judge Wilbur sent for Mr.. Potter and
when that gentleman arrived In court ne
was discharged.
CLAIMS CRY Is REsPoNsfBLE.
In Judge Wilbur's court this morning