The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-14
Respondent Cannot Convey
His Property.
Albert H. Flint Claims He
Obeyed Courts Injunction.
Insolvency Proceedings--Testimony
In a Slander Case.

Mary A. Ward, who has begun divorce
proceedings from her husband, Thomas
Ward, asked the appellate court to eDjoin
the latter from disposing of certain real
estate and furniture, and also to direct him
to pay her a certain allowance per week
and a certain sum for counsel fees.
The grounds of the petition for divorce
are continued drunkenness and extreme
cruelty of the respondent. The latter is a
leather worker by trade and employed at
Holbroolk's factory on North Main street
and according to one OF the witnesses for
Mrs. Ward he made such good money at
his trade that ne refused political posi-
tion. Mr.. Ward claimed that owing to
the dull condition OF his trade he now
was able to make very little money. He
denied the charges made against him by
his wife and said the rent of his property
amounted to S32 per month.
+. {. Pierce was counsel for Mrs. Ward,
and X. w. Burbank appeared in behalf of
the respondent. The testimony in the case
was OF an interesting nature, and Chief
Justice Matteson granted an injunction
restraining the respondent from selling
his real estate, directing him to pay his
wife g. 25 weekly, an allowance OF S25 for
counsel fees and $40 for her expenses.
CLAIMED HE oBEYED COURTS ORDER.
Albert II. Flint was before the appellate
court this afternoon to answer contempt
proceedings brought against him for re-
fusing to obey an order of the court. ue
asked by his counsel, Walter r. Angel,
to be purged from contempt as he claim
ed to have complied with the order in all
respects.
The order in question was to the effect
that Flint, who operates a boiler at his
box shop at the corner of Harris avenue
and Eagle street, should not use the
same in a manner to.iniure the adjoining
property of Mrs. Catherine DAILY. TIE
latter claimed in her >. bill of complaint
last week that the smoke, steam and SCOT
from Flint's factory rendered her home
practically uninhabtable.
Mr.. Flint testified this afternoon that
he had built his chimney higher during
the past week and had also substituted
for the sbavings and soft coal formerly
used as fuel smaller portion of shavings
and locomotive sparks. This fuel combi-
nation, Mr.. Flint claimed, was smokeless.
Mrs. Daley and one of her tenants tes-
titled that the smoke and steam were still
troublesome and the steam was even
greater yesterday than 1t ever was before,
and that an intolerable stencil arose
from the fuel burned in the factory dur
ing the past few weeks.
Mr.. Flint claimed the smell complained
of did not come from his premises, but
probably from a nearby brewery.
John Il. Conley was attorney for Mrs.
DAILY. After arguments by counsel Chief
Justice Matteson postponed the case for
one week in order TO see il the improve
ments made by Mr.. Flint would do away
with the complaints made against his es-
tablishment.
DECLARED INsoLvgNT.
Charles c. Mclaughlin, who some
4 10 ooufer ,a,.N Il III
Lincoln, was permitted by Chief Justice
Matteson at the request of James j. Her
rick to whom one fourth of McLaugh-
Inns indebtedne is due to avail himself
of the provisions of the insolvency act.
The matter was referred to Lorin NJ
Cook.
There was no opposition on the part of
Mr. McLaughlin's other creditors Nc
Guinness a. Doran represented the petit
tioner.
The suit in equity Of Joseph f. Fales
ct al against Eliab ID. Mhipple ct al.
was discontinued in the appellate court
today.
DEGREES ENTERED TO-DAY.
In the case of Clara L. Hammond VS..
Frank i. Hammond, ct al, a decree was
entered by consent OF parties TO the effect
this city, allowing that Mrs. Clara Il.
Hammond, widow of William c, Ham
mond should receive one third of the
rents OF the property owned by the latter
during their intermarfage, was null and
void, and directing the municipal court
to refer the matter TO a master to set off
the petitioners dover In accordance with
the decree OF May n, 1895.
In the case Of Catherine Agan VS.. Pit
rick Agan an order was entered send ng
the following issue to jury: "Was the
money used in the purchase Of the estate
in question furnished the respondent by
Catherine Agan as a gift to said respond
ent, or was it to be used for the purchase
OF said estate for said Catherine Agan,
her heirs and assignees for her and their
benefits?"
The parties interested in this matter
are residents OF Pawtucket and New Bed
ford. Hugh j. Carroll is attorney far
Catherine Agan.
An order was entered I'm the case of
saoie Il. sanborn aEaint Fred W. San
born bv consent of all parties directin
the respondent to paw petitioners counsel,
Page q Owen. s17.5) for counsel fees.
Final DEGREES were entered i'm the cases
OF Joseph Boucher against the state Boa rd
OF Hath end Severe PaqUin against the
same. Ii will be remembered that in the
former case the court overruled the de-
cision of the board refusing to permit
DIR. Boucher TO practice medicine in this
State and confirming the boards action
in denying Severe Paquin OF Warren the
right to practice.
COMMON PLEAS DIVISION.
. Before Judge Douglass was partly heard
today the suit OF Alfred NJ. Booker and
Flora II. Booker, his wife. against Ernest
Munsch, to recover damages for alleged
slanderous words spoken by the defend-
ant OF Mrs. Booker, in the presence OF
several parties.
Mrs. Booker testified today that she and
another woman went ON an October even
ing i'm 1891 TO the rear window OF a
saloon and that her companion
aked IL Mr.. Brooks was i'm the saloon.
The party that was asked the question,
Mrs. Brooks claims, referred to her ana
her companion by calling them vile names
that were heard by large number Of
people i'm the saloon.
ON behalf of the defendant, 1t was con-