Worcester morning daily spy., 1898-01-20
COURT CALENDAR.
Col. Hopkins Confined to His
Residence With Cold.
Case of Paul Miller Heard BY Grand Jury
William E. Fowler Succeeds Judge
Bates Man Has a Fit.

1
Wednesday evening his condition was
reported improved During the latter
part Of last week Col. Hopkins was en-
gagged in the trial of the Dorr separate
support case from Holden, and after the
fatigue Of the protracted hearing he
caught cold. Monday afternoon he went
to his home with a high fever and has
been confined to his bed since, the cold
being considered severe but not seri-
GUS
GRAND JURY CASES.
The grand jury has now considered 81
cases in all, and there are between 10
and Is to be considered by the jury to-
day, the report of indictments being
made to Judge John Hopkins Friday
morning. The case of Paul Miller for
/ the triple murder of the Newtons was
heard, Deputy Sheriff w f. Tarbell, with
witnesses, being called before the grand
jury to tell the details of the tragedy.
APPEAL TO FULL BENCH.
In view of the rescript of a single JUS
tice of the supreme judicial court in at
firming the decision of the probate court
in dismissing the petition of Levi Lin
| coin and Winslow S. Lincoln for the re-
moval of the petition for the partition
of the Trumbull estate to the superior
court, Charles T. Thornton Davis as
counsel for the respondents, Levi Lin
coin and Winslow S. Lincoln, in the case
OF j. Henry Lea ct al, petitioners has
filed an appeal to the full bench, that
the question of the partition may be de-
cided by the full supreme court
JUDGE BATES SUCCESSOR.
William E. Fowler of this city has
been appointed by Gov. Roger Wolcott
justice Of the first district court of east
ern Worcester, which sits at Westboro,
to succeed Judge Edward c. Bates, who
recently resigned after most honorable
and successful career Mr.. Fowler was
born in Grafton Oct 10, 1867, and gained
a high school education in the Grafton
high school, although he received his
diploma from the Marlboro high school.
After graduation he attended Harvard,
completing his course with honor and
merit. He studied law with Hon. Henry
L. Parker, and since his admission to
the bar has remained in his office, now
| occupying rooms with him in the State
Mutual. There were several other can
! didates in the field, among them ]. e.
iOeSlAldu VI w SSlDUIO, AAud1n Il, Brown
! of Westboro, and John B. Scott of Graf
ton. but Mr.. Fowler won over all.
At late hour Wednesday afternoon
Mr.. Fowler had received no official noti-
fication of his appointment, but his
many friends called and he held an in
formal reception in his office.
MCINTYRE WILL HEARING.
In the probate court Wednesday
there was a hearing upon the allow
ance of the original win of Lutina Nc
Intyre, dated Sept. 9, 1898, and the
original codicil of that will, dated July
| s, 1894, the former being presented by
memory, with the aid of the codicil. The
will and codicil were allowed after five
minutes formal hearing of the evil
dence of the witnesses to the instru-
/ ments, from Which decision one of the
heirs-at-law appeals the case going to
the supreme court, unless settlement is
reached. Charles A. Chase is named as
executor of the will and codicil, and
| brings forward the COPY Of the will and
original codicil for probate Charles e.
! Robbins, a granddaughter of Lutina Nc
| Intyre, is the contestant. The other
| heirs-at-law, Judge Mcintyre Of Cam
bridge and his sisters, asked to have
| the petition of Mr. Chase allowed.
Charles A. Merrill appeared for the ex-
| ecutor, and Blackmer & Vaughan for
| the Robbinses.
Two wills of Miss Mcintyre have been
dissallowed after being taken to the SUI
preme court. Both were in favor of
Alma e. Bucklin, with whom Miss Nc
! Intyre passed the declining days of her
| life. The will, Of which that allowed
/ today is a copy was given by the tes-
tator to Mrs. Bucklin's parrot, Charlie"
who made a meal of it, The codicil
was in the possession of John A. Dana,
| though he did not know of it until re-
Gently. Under its provisions, the Second
Advent Church Of this city gets $1,000
| the board of foreign missions of the
church $1,000, Grace NJ. e. Church $1,000
Trinity M. E. Church $1,000, the Home
for Aged Women $1,000, the Children's
Friend Society $1,000 and the Worcester
City Hospital $500, Mr. Chase is given
! $4,000 as trustee for Charles f. Robbins
during his lifetime and for his children
| after his decease, and the children are
made the residuary legatees Mr.. Rob
bins was one of the contestants of the
first wills offered for probate, and now
seeks to have the previous instrument
set aside.
ATTACHMENT.
Addison P. Dyer ct al. VS.. Alexander
Boyd Grafton, $500. Central district
court. Writ served by Early.
MONTAGNIOLI CASE COMPLETED.
The case of Dominick Montagnioh VS..
Edward f. Lathrop and James Shea
| contractors at Warren, was completed
| Wednesday afternoon The final argu-
ments were made by Frank p. GouIding
4 for the defendant and Herbert Parker
4 for the plaintiff. The case was given
to the jury late in the afternoon, and
its action will be reported at the open
ing of the court at $50 this morning
Charles G. Milton, Herbert Parker for
+ the plaintiff; Frank p. Goulding, Will
/ liam Mellish for the defendant.
THE BLACKSTONE SUIT.
The next case to be taken up before
the first jury was that of Mary A. Dom
nelly VS.. the inhabitants of Blackstone.
The case is an action of tort, with an
ad damnum Of $1,000, to recover for inju-
ries received by the plaintiff through
the alleged defective condition of a
highway of the defendant town, the
said highway being Main street. The
plaintiff alleges that as result of the
injuries, she had a displacement of the
womb, from which she still suffers. The
case was partly opened when court adj
journedi at 4.45 o'clock until $3.50 this
morning. Dodge & Taft for the plain
tiff; E. N. Thayer for the defendant
Z JUDGMENT FOR MARLBORO MAN.
Settlement has been reached in the
case of James J. Healey of Marlboro VS..
Fred N. Curtis, judgment having been
entered for the plaintiff in the sum of
$500, including costs taxed at $50 The
case was an action of contract. J. J.
Shaughnessey, Su.IIvan & O'Connell for
the plaintiff; J. A Taft, Frank P. Could
ing for the defendant.
The trial list remains unchanged