The Providence news. (Providence [R.I.]) 1891-1906, 1896-08-01
Was Decided to Her by Late
Court Clerk Pitman.
Contractor Phillips Claims Balance
for Houses Built.
He Alleges Fraud In the Transfer--Otner
Cases In the Appellate Court.

before mr. justice otiness III the Appei-
late Court today a number of motions
came up for disposition, but a large
number that were on the calendar were
continued for a hearing until next week.
Charles A. Phillips, through his at
torneys, Cooke * Angel, asked for a
temporary injunction against Sarah r.
Brown and the Phenix Savings bank.
Mr.. Philiipa in 1893 built two new houses
for the late Henry Pit,man, clerk .o'
the United States court in this State.
The contract price for these houses,
which were built on land owned by Mr..
Pitman on Lonsdale avenue, near Paw
tucket avenue, in the city of Pawtucket
was S2S5O each. There is still due to Mr..
Phillips as he claims $3.50. Mr.. Pitman's
estate was found after his death to be
insolvent. About six months before he
died, he transferred the land on which
were the houses that Mr.. Phillips claims
he has not been fully paid for, to Mrs.
Sarah B. Brown, who was clerk in his
Office, and who, according to her testi-
mony today was his betrothed wife.
was made in:.March, 1894, short time
before Mr.. Pitman's death, but before
the completion of the houses. In Oc-
tooer, 1898, MIR. Pitman gave Mr.. Phillips
a note for $3.50, which, on account of the
formers death, was never paid in full,
and the object of the action of ,Mr.
Phillips is to have the court declare
the conveyance to Mrs. Brown fraudu-
lent.
Judge Stiness epjoined Mrs. Brown
from disposing of the property until
there was a full hearing OF the case,
but decided the mortgage, being bona
fde one, no injunction against the bank
should be granted.
The actual amount due, Mr.. Philips
claims, is $50, and Mrs. Brown today
testified that when the conveyance to
her was made Mr.. Pitman had in cash
and claims due him the sum of s20e3.
This amount included judgment against
the United States of $500, which has
never been paid, and Arnold Green
claimed that il this judgment had been
paid Mr.. Pitman's estate would have
been solvent. As it was. creditors of the
estate received ABOUT 90 per cent. of their
claims.
Mrs. Brown was the only witness ex-
amined TO-DAY, but the affiavits OF Mr..
Phillips, his son, who was his foreman, and
q plumber who worked on the houses, were
read. The affidavits were TO the effect
that Mrs. Brown had given very minute
instructions as to the building of the
houses, out Mr.. Pitman claimed TO be the
owner and made payments on the work
after the deeds:t the property
to Mrs. Brown had been made but not re-
corded.
Stephen A. Cooke cross-examined Mrs.
Brown as to the names OF the parties Mr..
Pitman bad introduced her to as his
affianced wife. bur che could give the
name Of but one party that the deceased
had told her he had spoken OF their
marriage to. She had never been intro
duced as the woman who was to be Mr..
Pitman's wife, so far as she could recol-
Icct.
Arnold Green argued that the promise
OF marriage was a good consideration for
the transfer OF property, and Mr.. Cooke
made a brief argument to the effect that
the transfer was a fraudulent one.