The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-03
New Trial Wanted In the
Weaver Will Case.
A Divorce Decree Vacated
and Petition Amended.
Cheruska Lodge Given Judgment
Bar Examinations.

The only case tried at tho county court
er VS.. John Mitchell. The plaintiff claims
that he was the owner of piece OF land
at the corner of Patti street and East ave.
nue. adjoining the land of the defendant
and that the latter In 1894 filled in three
feet OF this lot and destroyed an orchard.
After filing in this land 1t is alleged the
defendant undertook TO put up a fence on
the plaintiffs land and when the lat
ter undertook to pnt up fence on the d.
ivsion line between the two properties,
on what had been for 40 years the site
of the division fence, the defendant
| iDteffered with his so doing.
The defendant claims he mas good
and unimpeachable title to the land he
| filled in. While the amount of damages
named in the writ is 10000, a decision
of the jury to the effect that the land
| taken by the defendant is the plaintiffs
will be considered as full recompense for
any harm done in the premises.
Thomas w. Robinson and Hugh j. Car
roll are attorneys for Mr.. McuCsker and
John Il. Godsworth and Bassett a. Nit
| chell represent the defendant.
After the opening statement OF the case
by Mr.. Robinson the jury on motion OF
Mr.. Goldsworthy went for a view of the
premises.
ALBERT wEAvER's WILL BROKEN.
The Jury that had for many days heard
testimony in the Weaver Will case, after a
brief deliberation, came TO the conclu-
sion last evening that the instrument
offered as the last will aud testament OF
Albert Weaver was not his last will and
testament. The verdict of the jury was
I not in any way surprise to. those who
IoI fxll 3 A. In.
Albert A. Baksr was attorney for the con-
testants of the will and Irving Champlin
represented the executrix.
This morning Mr.. Champlin gave notice
OF an intention to ask for a new trial OF
the case and the time for filing q tram
script of the testimony In the case was
extended by Judge Rogers to OCTOBER 1.
The record OF the testimony in This case
is the longest of any case probably ever
made in this court, certainly 1t is so
since Mr.. Gardner has been the court
stenographer. The stenographer VINO
took the n otes of this case was George
Farnell The next longest trial during
the present term was the dispute over the
will of Judge Eli Aylesworth, and in that
case the jury, after being out over 26
hours, failed to agree and were dis
charged.
DIVORCE GRANTED.
The petition Of Florence K. Roope
for divorce from her husband, Ben
jamin +. Roope, was further heard and
granted in the appellate court today. The
respondent is at present resident OF
Spring field, Mass. The charge in the
petition was non-support.
BAR EXAMINATIONS.
The examinations for adm ission to the
bar will be held ON Monday, Tuesday and
Wednesday, July %, Is and 20. Appll-
cants must file their applications with
certificates of good moral character and
also time OF study at least ten days be-
fore July q with the clerk of tho APP
pellate division of the : Supreme Court.
The committee on the examination Of
candidates consists OF Charles &. Num-
ford, John W. Hogan and w. X. Tilling-
hast.
LEAVE TO AMEND GRANTED.
Luther Mathewsop was given leave to
amend the bill Of complaint filed by him
against George G. Mathewson and others
in the appellate court today. The
amendment TO the bill consisted of a
change in the description OF some prop
erty named therein
DIVORCE PETITION AMENDED.
Arabella X. Palmer, about week
ago, was divorced from her husband,
Elibu Is. Palmer. Mrs Palmer was also
desirous OF having permission to resume
the name OF Brewter. which she bore be-
fore her marriage with Mr.. Palmer, but
on her petition for divorce nothing was
said about this desire. A few days ago
her attorneys, q. J. West, J. f. Conley,
J.. NJ Ripley and John Henshsw, gave
notice To Mr.. Palmer OF their Intention
to have the divorce decree vacated and OF
ask ing for leave to amend the divorce
petition by inserting request for a
chango OF name. MIR. Palmer did not see
fit TO object, 30 the appellate court. per-
mittcd the petition TO be amended.
PLAINTIFF TO HAVE JUDGMENT.
In the case OF Cheruska Lodge va.
Kihin Altenhofe the Appellate Court to-
day ordered that as the defendant had
not complied with the agreement as to
n settlement filed in court, the defend
| ants petition for n new trial must bo de-
| MED. The case was remanded to the COM
! mon pleas division with instructions TO
enter iudgmentfor the plaintiff.
| The WhinpIa Hon, esteed. WiISeur IiiI has