The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-28
En0S Lapham'S Executor
Seeks to Recover
Interest on Bonds of Warwick
and Coventry CO.
The Case Held for Amusement by
the Appellate Division.

The affairs OF the Warwick and Coven-
try Water Works and the relations OF the
late Enos La. ham to them were again
discussed In the appellate court this
morning. The hearing was on the ques-
tron OF sen ting the case TO master snd
the taking of the account between the
water works ana John Il. Allen, executor
OF Enos Lapham. Inc main contention
today was whether or not the Lapham
estate was enlitlsd to about s43,0 OF
interest on certain bonds given Lapham
on account OF his furnishing money at
various times TO carry on the building OF
the works. Counsel for the company
claimed that when Mr.. Lapham advar ced
the money for the Arctic extension OF
the works he agreed to take the water
rents until his advances of monty had
been all received back by him, and thar
re, Lapham, agreed to give up all claims
for interest on the bonds he then held.
John j. Arnold, president OF the COM
pfny and also its counsel, dwelt at con-
sinera ole length today upon the history
of this water company and Mr.. Lapham's
relations to 1t. lie said the company was
formed to supply water to different dis
tricts within the towns OF Warwick and
Coventry, and that while MIR. Lapham
started the idea, he after a while became
a little weary In the good work OF carry
ing the plans out. Mr.. Arnold stated
That there was a good deal OF opposition
to thu granting of charters to i've fire
districts that wished to take the water.
side the town OF Warwick aud chiefly
from an opposition company. The char
ters were finally obtained.
Speaking OF the organization CT the
company, Mr.. Arnold said that Mr.. lap
ham, after taking 200 shares of the stock
and other parties 100 other shares, direct
ed him to take the remainder OF the 100
shares, namely, 695. Mr.. Arnold then
became president of the company, but
Mr. Lapham continued to furnish tine
money to, build the plant. The value Of
the bonds given TO Mr.. Lapham up to
1892 was s235.0o0. 1t seemed to the di-
rectors good idea to extend the water
work system into Are ic aud Mr.. Llpbam
took charge of the revenues received by
-. the company until his death in 1894.
The Industrial Trust Comps NY, which
held a mortgage OF the company's plant,
undertook TO fdreclose its mortgage after
the death Of Mr.. Lapham, but was r,-
strained from SO doing.
Joseph G. Ely, counsel for the execu-
tor, tr ed that there never was any
q r ement on the part of Mr.. L,pham to
{ i've up the interest on tho bond held by
him and that he took possession of the
revenues Of the company after work on
the Rr tic extension was begun In order
10 secure himself for the m opey advanced
for that extension. He also claimed tnat
the bonds could not be varied by such a
parole agreement as the company now
claim had Q n entered into.
The court held the matter 70. advise
ment after James Tilling hast had replied
TO Mr. Ely's argument.
The Appellate Court held its first session
In this county this morning for the hear
ing Of matters that the statutes Ieauire
10 Q heard by more than one Judge.
Ch'ef Justice Mstteson and Justices Sti-
ness aud TiIlinghast 1 @ ri tho cases OF tie
,a.sndar that were read on trial.
Owing to the illness of Assistant City
Solicitor A. A. Baker the hearing on tho
case of James Murphy ct al, against Will
lam -. Bullock ct sl., was continued un-
til Nov. g. The main point in this case is
whether the city or Mr.. Murphy owns one
half Of the old canal on Canal street in
this city.
At the previous hearing Of tte case Ben
jsmin N. apisn and Arnold Green ere
counsel for the Lapham interests bat they
Withdrew from the case during the Iss'
summer.
DEFENDANT WANTS NEW TRIAL.
The second matter heard today was
the petition of the defendant in the case
Of George w. Morgen VS.. Alice X. Irue.
Walter +. Angel was counsel for tho
petitioner and his main claim was that
the verdict OF $500 damages given by the
jury was an excessive one. The plaintiff
pui chased house on Bacon street from
the late Joseph True, who was a real
estate agent in this city, and the cellar OF
the house, 1t is admitted, was not dry
one. Mr.. Angel claimed that two ex.
perts hsd testified at the trial OF the
case before the jury that 81 would not
cost over sii3 to make the cellar dry and
serviceatle, and there was no proof that
the water In the cellar caused any illness
to any members OF Mr.. Morean's family,
anil he asked In Wow Of his statements