The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-02
TOO MUCH WATER.
The East Greenwich Company Must
Make an Accounting.
A Medical Expert Refused--Church Trus-
tee Need Not Show Books.

Before Justice Stinees was heard In the
appellate division of the Supreme Court
this morning the case OF Edward Il.
Mason, ct al, against East Greenwich
Water Supply Company on the question
of.submitting certain issues to jury.
The bill alleges that the complainants
gave the defendant company the right to
draw 5C0, 900 gallons of water day from
the stream In which they owned, and
which was used in running the ir mills,
and that on many days from June, 1892,
until the filing of the bill a larger num-
ber OF gallons were drawn out by the de-
fendant. Another allegation is that the
amount taken was falsely measured by
the defendant comp ny's engineer by
order of the company's superintendent,
and that false record was kept OF the
amount of water taken from the stream
In 1892 and 1894.
The main portions OF the bill OF COM
plaint were read by e. j. Arms, counsel
for the com plainants and in addition TO
the charges named II vas claimen that
the withdrawal OF water from the stream
was so great that the mill OF the cont
plaiDants had to be run by steam at
great expense and that at certain times
their was not water enough to run the
boilers.
Inc HnsWer OF the wafer coInpany ue-
nies the breach of any contract on its
part and Albert X. Greene, who represent
ed 1t, opposed the sending OF issues TO a
jury claiming the case could be best set
tied by the court. incidentally Mr..
Greene told the court the mill OF the
plaintiffs was destroyed by fire In 1884
and that the owners tried 10 induce the
water company to buy it and that this
action was not brought until the defend
ant company broke of negotiations for
the purchase of the plant. Mr.. Greene
said the bill should be called one for the
specific performance OF a contract.
Colonel Arms replied that the COMPLAIN
ants had been prevented from using the
privileges they enjoyed by reason of the
condition the defendants lett the stream
in.
The court decided that O Kent county
jury could best settle whether the
defendant company had taken too much
water or not from the stream referred to-.
Albert II. Green, attorney for w. Il.
Baker an d other members OF the Bethel
Six Principle Baptist Society OF Brick
i'll made a motion In the same court
this morning that Bowen A. Sweet, trus-
tee ana secretary of the society named, be
required to place all his bank and pass
books containing his accounts as trustee
in the registry of the courts. MIR. Green
said his motion was made in order that
he might inspect such books.
Dexter b. Potter, counsel for Mr.. Sweet,
opposed the motion and the court denied
Ii.
NO EXPERT WITNESSES WANTED.
Judge Doulgass today denied the mo-
tion o. b. M. Bosworth, counsel for the
defendant In the case of Nicoblas-- --McClos-
XIV against the town of Lincoln for the
appointment CT expert witnesses to ex-
anime the present physical condition OF
the plaintiff.
McCloskey, a few weeks ago, recovered
| a verdict against the town for injuries re-
ceived while travelling over the Valley
Falls bridge. Hugh j. Carroll was his
counsel