Worcester morning daily spy., 1898-03-22
COURT CALENDAR.
The Gillette Case Not Given a
Further Continuance.
It Will Come Up for Hearing Next SAT-
urday Morning-other Cases in the
Superior Civil Court,


Margaret Reavy of West Brookdeld VS..
John S. C. Smith of North Brookfeld in
an action of tort to recover for alleged
breach of promise in falling to marry
the plaintiff as agreed, were made, and
the jury returned verdict for the
plaintiff, assessing damages in the sum
of $500. Willis E. sibley, Charles E.
Sibley for the plaintiff; Arthur P. Rugg
for the defendant
The next case was that of Emma J.
Newton VS.. the city of Worcester, in an
action of tort to recover for a broken
limb received through the alleged de-
fective conditioned a sidewalk on Chan
dler street in 1886, the plaintiff falling
into hole in the walk and sustaining
the injury referred to, as claimed. The
defendants testimony had been partial
1y presented when the case was adj
journed Until this morning at $50
O'Clock Charles C. Milton, c. Gunni-
son for the plaintiff Arthur p Rugg for
the defendant
a hearing was held upon the petition
of William H. Kingman of Enfield VS..
Frank H. Foss Of Dana, praying that
the defendant be enjoined from purchas-
ing goods on the firms account, and
the appointment of a receiver. The two
men were engaged in the restaurant
and saloon business at Dana; and, after
the witnesses had been examined, Judge
Gaskill suggested to the defendant that
he cease to order further goods and de-
posit all partnership funds in the bank,
the defendant being allowed until
Thursday, when final decision as to the
dissolution of the firm will be given.
i7af I TfiTnG
for the respondent.
After the regular cases of the after
noon, the Gillette case was again
brought before the court on a petition
of Charles E. Ware, representing the re-
monstrants against the admission of
Miss Addie Frances Gillette to the bar,
who had filed with the court in the af-
ternoon a motion to have the case con-
tinued until the opening of the jury
waived session of the superior court, on
April 11th. At the Session hearing
held several days past, the case was
continued to the 26th, and the ground
of the motion for still further continu-
ance, was that it would take more than
a day TO complete the hearing,
Mr.. Ware spoke in advocacy of his
motion, saying that one of the main wit
nesses for the remonstrantS was out of
the commonwealth, and it would be i'm
possible to secure her attendance next
Saturday at the date of the hearing as
assigned Further, he thought that the
testimony and evidence of the remon-
strants would occupy more than a day,
and that if the hearing were to be con-
tinued from Saturday, it would run over
to Monday, and thereby interfere with
the regular jury term of the court now
sitting. He said that personally he
would like to have the hearing as soon
as possible, but that to give full, sat
isfactory hearing with the complete evil
dence that the remonstrants had to
offer, he thought the case should
be postponed. Judge Charles S. Hay
den, who has appeared for Miss Gillette
since the matter of her admission first
came up, then spoke in opposition to the
motion; and, with considerable feeling
in his voice, began by saying that when
Miss Gillette's admission first came up
at the December sitting, Mr.. Ware tele-
phoned to have the hearing continued,
that a protest might be filed, and that
now Mr.. Ware comes again after a hear
ing has been assigned, and asks for still
further continuance. Mr.. Ware states
that his witness is out of the jurisdic-
ton of the commonwealth; but he does
not say that legal process has been
served on this witness, OF any move
made to that end. He knew the condi-
tions of his case certainly a week ago.
1t has been a process of delay since
the first, and this delay is made to avoid
the issues of the case. If we do not
meet the issues, there will never be a
hearing to suit them. The case will not
occupy a day, and if it should, I would
be most willing to have it continued, if
it be until next fall, at the courts dis
erection, if we only have the opening and
see if the man is sincere in his remon-
STRANGE. I should like to have the case
l,, civ. II
the witness is absent from the common
wealth, but he says nothing about hav-
ing summonsed her or bringing to play
any legal process. He comes here and
makes the bald statement that he has
a witness, whom he knows he can not
get. Mr.. Ware arose, and said that from
what he understood at the hearing or
the court week ago, the court desired
the case to be continued to the jury
waived session, if the matter could NOT
be heard in a single day; and that with
this understanding he was 10th to take
up the case, when it seemed very prob
able to him that the testimony and evil
dence would occupy more than day
He said, as to his sincerity, that his ac-
ton in the future would show whether
he were sincere or not. My opinion is
still, he said, that it will occupy more
than day. l have learned from good
authority that the refusal to report the
applicant fayorably for admission was
by reason Of the failure to present suf-
ficient moral certificates
Judge Gaskill then spoke, saying that.
from the fact that the application had
been faVorably passed upon, and in JUS
tice to the applicant against whom no
direct charges had been filed an imme-
diate hearing should be held and he
therefore overruled the petition of the
remonstrants. Judge Hayden, at the
close, asked that the court order the re-
monstrants to file more specific and de-
tailed objections, with direct charges;
but Judge Gaskill said that if the OBJ
jections as presented al the hearing Sat
urday were not sufficiently explicit and
full, then the motion for detailed charges
might be entertained. The case win ac-
cordingly ONE up for a hearing Satur-
day morning at 80 o'clock
At $50 o'clock court adjourned until
$50 o'clock this morning
CASES CONTINUED.
The following cases have been con-
tinued until March Is;
2S92-Greenway VS.. Shea
-McKenna VS.. Shea
IN ORDER FOR TODAY.
The cases in order for today are as
follows:
2212-(on triaD Newton vs.. city Of
Worcester Milton, Gunnison; Rugg
2436-Cooney vs. O'Brien Hubbard;
Sullivan e. O'Conhell.
24S7-Cpwee VS.. Damon Ratigan; Sui
Ivan & O'Conneil
249l-o' 'Brien, VS.. tity OF Worcester.
Wood & Wood Rugg
254S-M McGaffey rs. Newell. Morgan &
Stewart; Coney.