Worcester morning daily spy., 1898-01-22
CRIMINAL COURT.
Continued From Second Page.)

(COntinued From Second FaSe.D
ings Bank. The complainant further
says that he believes that the mortgage
was not discharged by SAID Taft; that
the instrument purporting to be dis
charge was not signed by Mr. Taft and
that the instrument is not genuine; fur
ther, that Mr.. Taft or his estate has
never received payment of the note CIV
en- by Mr.. Hubley and secured by the
mortgage, and that the instrument pur-
porting to be a discharge, prevents the
petitioner as administrator from talk
ing advantage of the terms and con-
ditions set forth in the mortgage. The
petitioner states, In conclusion, that if
the discharge is now in existence and
IN the custody Of Register Of Deeds Har-
vey B. Wilder, and should be delivered
it might be secreted and the complains
ant would be prevented from proving
that the signature of Taft is not gen
uine. Wherefore, the petitioner prays
that an injunction might be issued, re.
strainiug Harvey B. Wilder from de.
livering said instrument, and that the
instrument be vacated. A hearing was
given Mr.. Thayer by the court and a
temporary injunction issued as asked
until further order of the court. AS a
result of the action Mr.. Thayer said
that attachments would be served upon
the property of Mr.. Hubley TODAY. the
papers having been placed in the hands
of Deputy Sheriff David II. Hayter.
f. H STARK 6, co. AFFAIRS
SETTLED.
The affairs Of E. H. Stark & Com
pany Of this city, who made an assign
ment to Josiah F. Clarke and Henry
f. Harris for the benefit Of their credt-
tors, have been settled by Arrangement
with the creditors, and the property
decided back to the firm by the two
trustees. AT the time of the assign
ment the liabilities were $4,000 and the
nonlnal assets $SJ,O00 Blackmer &
vaughan appeared as counsel in the
AN EQUITY HEARING.
An equity hearing was held in the
court house Friday in the case of Albert
q. Sanders VS.. Sarah c. Sanders, both
OF Grafton, which was referred to Gen.
lockwood Hear as master by Judge
Wardwell at the last jury-waived sitting
OF the superior court. The case is a bill
IN equity for account Of crops and pro
ducts on farm in Fayville. The hearing
viii be resumed Monday. William a.
Glie for the plaintiff; II. Spencer Has
Kell, Wood & Wood for the defendant
PROBATE INDEX READY.
The probate index is now being dis
tributed among the subscribers by the
publisher, 0. H. Wood, and during the
week all the subscriptions for the work
bound in cloth have been filed. The
editions IN calf and vellum will be ready
next, week, when the full subscription
list will be filled. The edition Comprises
over 200 volumes. The index is a most
valuable publication, and from the law
yerS Who have thus far received their
copies, there have been numerous ex-
presSions Of admiration for the work of
Register of Probate George H. Harlow.
The work has proved to be great aid
as book of reference.
WANTS CUSTODY OF CHILD.
A hearing was held in the probate
court Friday afternoon, on the petition
of Celia Ducrow Of Athol for the custody
of her child, now residing with friend
in Winchendon. The husband of the
woman, George w. Ducrow of New
Bedford, who is living apart from her.
opposes the petition. After evidence had
been submitted, the hearing was ad-
5ourned until Feb. Is. Elliot H. Peabody
appeared for the petitioner; Fred D.
Stanley and James l.. Gillingham for
the respondent
SUPERIOR CIVIL COURT.
The case of Mary A. Donnelly VS.. the
inhabitants of Blackstone which has
been on trial for two days before the
first jury in the superior civil court, be-
fore Judge Bond, was completed Friday
afternoon and given to the jury. An
agreement was reached after the ad-
1ournment of court, and the sealed YER
dict will be read Monday morning at
10 o'clock, when court resumes. The
case Is an action of tort, with an ad
damnum of $4,000, to recover for in
juries received in November, 1896, from
an alleged defective sidewalk on the
Main street of the defendant town.
Dodge & Taft for the plaintiff; F. n.
Thayer for the defendant
The last cases were those of Robert L.
Brooks and Eliza M. Brooks VS.. Winona
L. Jones, both Of Milford, in actions Of
tort. The allegation of the plaintiff is
that the defendant put a string across
the road, and that when the road was
being travelled, the plaintiff was tripped
up by the alleged obstruction, receiving
severe personal injuries. The case will
be resumed Monday. Williams & Will
liams for the plaintiff; L. e. F'ales for
the defendant.
In the case of Richard ]. Whitten Of
East Douglas VS.. the Fitehburg Rail
road company, settlement has been
effected, judgment being entered for the
plaintiff in the sum of $3500, and judg-
nlent satisfied The case was an action
of tort to recover for injuries received
by the plaintiff while d passenger in a
car OF the defendant company, near
Shelburne Falls, Feb. 25th 1897 the car
-
in severe personal injuries to the plain
tiff Edward ]. Mcmahon for the plain
tiff; George A. Torrey Boston, for the
defendant
The list for Monday is as follows
2242 on triaD--Robert B. Brooks VS..
Winona L. Jones. Williams & Williams;
l.. q. Fales.
224S (on triaD-Eliza M. Brooks VS..
Winona L. Jones. Williams & Williams; /;
L. E. Fales.
2545-Gunning VS. Mclaughlin, S. B.
Taft; r. N. Thayer.
194S-Kasky VS.. inhabitants of Spen-
GER. Rice, King & Rice; Curtis.
2227-Gardner VS.. Sawin. Howe, Gile;
Dunn, Herbert Parker
2419--Muller VS.. Powers. Titus, Hop
kir1s; Blaclkmer & Vaughan.
2548- -McGaffey vs. Newell. Morgan
g. Stewart; Coney.
2122--Union Drop Forge Company VS..
speirs. Rice, King & Rice; Hopkins,
Smith & Hopkins.
2123-Chicago National Bank VS..
speirs. Rice, King & Rice; Hopkins.
Smith & Hopkins
2230-Speirs VS.. Union Drop Forge
Company. Hopkins, Smith & Hopkins;
Rice, King & Rice.
320-Powers VS.. Mccarthy. Potter;
Sullivan & O'Connell.
CLINTON COMP NV NesTrI1D
Henry L. Parker, Jr., as counsel for