The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-27
INTERESTING CASES.
Several Important Matters Heard in
appellate Court.
The Whalen Suit Against Union Railroad
Co. Is Still on Trial.


A number OF important points came be-
fore the appellate court this morning in
the case OF Isaac &. Greene. ct al. trus-
tee, VS.. Ellen M. Greene, ct al, for q con-
struction OF certain clauses of the last
will and testament OF Rufus Greene, who
died in 1871. AmonS the clauses in the
will was one that the real property should
be kept in repair at the expense OF the
income OF the personal estate. large
amount of tho personal property of the
deceased was at the time of his death in
vested in the tirm OF Greene a. Cranston,
brokers, whose firm failed I'm 1875, and It's
affairs were settled in 1875, the estate OF
the deceased receiving about sbl, ,OOO. 1hc
trustees under the will ask that they may
be permitted to change certain invest.
ments from personal to real estate seeurl-
ties. Certain parties who have life inter-
ests in the estate claim that the trustees,
instead OF adding the s6l ,OO) received
from the settlement of the Greene ~
Crauston matter to the capital of the es-
tate, should have distributed the same
among all the heirs. Judge Sphinx was
before the hearing appointed guardian OF
persons not in being who might have con-
tingent interests in ths same.
Herbert Almy and Isaac southwick, ,Jr.,
hppcdlcu the lIuSttSo ahe @~~-s"
dale for the respondents.
The case OF Municipal Court against
Thomas II. Cosgrovescaine up for hearing
on demurrer In the Appellate Court TINS
morning. The demurrer was sustained.
John Il. Canning appeared for the
plaintiff and Il. -. Bassett and A. A. Me-
Caughin for the defendant.
Demurrer to certain counts In the plain
tIf's declaration in the case OF swan
Swanson VS.. Union Railroad Co. were
sustained by consent OF connsel for plain
tiff today ana case was remitted 10 the
common pleas division for trial. Mr..
Baker, counsel for the defendant, APP
peared afterward and the court rescinded
its order sending the case back TO the
lower court.
NEW TRIAL GRANTED.
Petor Boylan sometime ago sued VIII
lam Cole and other owners OF the brig
Yankee Notion, and the latter did not
answer the case. The suit was TO recover
damages for very severe injuries received
by the defendant, and jury assessed
damages at 5000 and costs. Today John
Henshaw, counsel for the brig owners,
asked that a new trial be granted, in
order that the defendants might have
chance to show they were not liable Tor
the injuries received by the plaintiff.
The court granted q new trial, with the
all costs up to this time. W. +. sheffield.
Jr., represented the plaintiff.
COMMON PLEAS DIVISION.
Before Judge Wilbur and jury was
tired this morning the suit of Edward
Judkins against Frank z. Barrows, Jr.
fhe suit was TO recover possession OF
certain property attached by the defend
ant as deputy sheriff uncer writ against
the American Tool Company. Judkins
claimed to have till OF sale of the prop
erty attached given long time previous
to the attachment for money advanced.
The defendant denied the claims put for
ward by the plaintiff and said that the
property belonged to the company sued.
LIcENsv coMIssroNEns BEFORE COURT.
A hearing wss had in the appellate
court today Oh the petl-fon OF the Rhode
Island Perkins Horse shoe works to have
the license commissioners of Cumberland
rescind the license granted to Edward
Hogan OF that town. The court held the
matter for advisemsnt.
The trial OF tie case Of Lizzie Waterman
against Shepard az Company to recover
$3.50 was Legun in ths common pleas
court this afternoon. The plaintiff
cinimed she was hit by something thst
fell from a staging where-mea- were at
work improving the interior OF the de-
fendant company's stole.
W. H.. Barney represented the pialntin
and Hayes d. hsyes the defendant.
HUSBAND WON'T DELIVER POSSESSION.
Louisa Riopelle was granted an absolute
divorce from her husbsnd, Stanislaus
Riopelle, few weeks ago, and since that
time tee court has ordered Ter husband
TO deliver TO ner very valuable piece of
property. According to the statements
made py Mrs. Riopells's counsel, General
Charles a. Wilson today, the husband
has locked himself into the house on the
estate ana refused TO see eny one or de-
liver up possession of the property. The
court, w hen some formalities are complied
with, will issue a writ Of assistance to
Mrs. Riorelle.
SENSATIONAL TESTIMONY FOR THE DE-
PENDANT.
The taking OF testimony in behalf of
the defendant in the case OF James }.
" halon against the Union Railroad COM
pany was resumed today. One witness
swore that whaien after threatening the
motorman OF the car got off safely, and
in trying to get on the car again was
thrown to the ground and injured. VIVA
len swore he WIS injured IN getting of
the Cur.