Worcester morning daily spy. (Worcester, Mass.) 1888-1898, 1898-02-03
COURT CALENDAR.
DR., Bacon>of Uxbridge Defaulted
in Rape Case.
Business Resumed in All the Courts After
the Ell lizard Holden Woman Allowed
SIS a Month for Separate
Maintenance.

| neSday morning after the blizzard the
first case being that of Frank E. Star
Fett of Athol, who was put on trial Mon
day afternoon, charged with being a
common drunkard. The jury returned a
verdict of not guilty.
DR.. Joseph A. Bacon Of Uxbridge, who
was under indictment for rape, was
called and defaulted
The case of Henry T. Moriarty,
charged with violation of the itinerant
vender law, was then called, but later
in the day his counsel. John R. Thayer,
and the district attorney submitted the
case to the court on an agreement of
| facts.
William Broderick was called to an
swer to a complaint of violating the
| health law by selling diseased meat in
| Clinton. He was defaulted, but later,
on motion of his counsel, John r. Thay-
er, the case was filed on payment of
costs, amounting to $40.
| Antoni Carboni of Fitchburg was tried
on a charge of adultery. He was found
guilty and sentenced TO the house of
correction for ten months. Hayden for
| defendant.
The liquor cases against Mary Rooney
and Edward Ford were placed on file
O'Connell.
Lawyer O'Connell also appeared for
| John Kelley, one of the famous family
of that name of Cordaville, who was
before the court on an appeal from the
| sentence of the first district court of
| eastern Worcester There he pleaded
guilty to charge of illegal liquor keep
| ing and, as he was an old offender. he
was sentenced to pay a fine of 800 and
| to stand committed to the house of cor
| rection for the term of one year. He
| appealed from this sentence, and Law
| yer O'Connell moved for an arrest of
| judgment. Judge Hopkins revised the
sentence of the lower court by imposing
a fine of 500, but making the term of
imprisonment four months instead of
twelve.
James ]. -Freas, charged with selling
mortgaged property retracted and
| pleaded guilty, and his case was placed
on file on payment of costs. Charles r.
johnson for the defendant.
The following cases are in order for
today:
331-Samuel Rosenthal, itinerant VEN
der
339-Francis Smith. assault on fireman.
3S4-James Welcsl, adultery.
| 370-Michael Sullivan, larceny from
person.
SS6-Charles McDevitt and Mary E,
| Edson, adultery.
387-spencer Pierson and Hannah S.
/ Nickless, adultery.
SUPERIOR CIVIL COURT.
In the superior civil court, before
Judge Bond, Wednesday, the case of
William H. johnson VS.. the city of Wor-
cester was resumed, the defense present
! ing its testimony City Solicitor Rugg
made his final argument for the defense
and Mr. Goulding will address the court
| this morning at $50, when the case viii
| be resumed from adjournment at 4 30
| Wednesday afternoon. The case is an
action of tort to recover for the loss of
his wife's services, companionship and
] society, due to her receiving serious in
juries from an alleged defective high
way at the corner Of Winchester avenue
and Main street. Charles R. Johnson,
Frank P. Goulding. William C. Mel,ish
for the plaintiff; Arthur P. Rugg for
the defendant,
The trial list for today is as follows:
25S7 ION trial)-Will:am H. Johnson VS.
city Of Worcester Charles R. Johnson,
Frank P. Goulding. William c. Mellish
for the plaintiff; Arthur P. Rugg for the
defendant.
2674-Charles w. Grosvenor vs.. James
H. Wentworth. Thayer & Cobb Jesse
c. Ivy.
-Gustavus F. Swift ct al. VS.. Will
liam A. Benson. J. H. Shoemaker;
w. H. Kelley.
2655-Karekin Shooshan VS.. Franklin
| NJ Cross Marvin NJ. Taylor; E. J.
| Melanefy, Sullivan & O'Connen.
269S-Milton w. Smith VS.. John F. CAL
lahan ct al. W. e, Sibley. c. H. Sibley;
Thayer & Perry.
2491-Margaret O'Brien VS.. city of Wor-
cester, Wood & Wood; Arthur P. Rugg.
ALLOWED SIS A MONTH
Judge Forbes has granted the petition
of Mary Dorr for separate support
from her husband, James Dorr, the
prominent wooden manufacturer of FIol-
den, and the petitioner is allowed the
custody of the minor child Leon f.
Dorr. By the terms Of the decree, the
respondent is ordered to pay the petit
toner $75 at the middle of the month
and $50 on the first of every succeeding
month until further order Of the court
The case occupied considerable atten-
ton from the fact that the parties are
prominent people and have children
| that have grown to manhood The peti-
toner alleged cruel treatment and
| drunkenness and the respondent in an
6wer had over 100 witnesses testify in
his behalf. Willis e. Sibley and W. S.
B. Hopkins appeared for the petitioner;
Sheehan & Cutting for the respondent
MASTERS REPORT FILED.
William B. Harding, as master in the
case of Ovid S. Cooley and George E.
Pepper VS.. Josephine L. Perry, all of
Clinton, filed his report with the clerk
Of the courts Wednesday afternoon. The
case was a bill in equity brought by the
plaintiffs, who alleged that fraud and
deceit had been employed by the defend
ant, through her agent, in the sale to
the plaintiffs of certain property with
the trucking business of the defendant
| The case was referred to William b.
| Harding, who finds that no material
statement of the defendant as to the
value of the property, the value of the
trucking business and the profits of the
| business was false and fraudulent
From this finding Of the. master for the
defendant, the plaintiff makes three exr
captions on the ground that the master
has ignored certain evidence of the
plaintiff as to the value of the property,
| the trucking business and the profits
| therefrom. Eben f, Thompson appeared
for the plaintiffs; Burton w. Potter for
| the defendant.
PROBATE COURT, FORBES, j.
WORCESTER, WEDNESDAY, FEB. 2.
Wills allowed-John D. Potter Wor-
cester, Sarah S. Potter executrix; Julia
NJ. Keep, Julia NJ. Hitchcock. executrix;
| Willard Johnson, Charlton, Catherine r.
Johnson executrix, valuation of estate
$500 real, $500 personal; Andrew Bravo,
| Spencer, George A. Craig executor, val
uation of estate $13, 900 personal; Rhoda
e. Reed Fitchburg George II Croker