Worcester morning daily spy., 1898-03-30

WORCESTER Dali
the public had not acquired a right of
way by prescription, and did not, as a
matter of law, necessarily show that
there was a public way by dedication.
The defendant had no right to enter
upon the plaintiffs land for the purpose
OF obtaining access to the pond so as
to cut and carry away ice therefrom.
The injunction in the case was issued
the plaintiffs land to cut ice upon the
great pond. W. S, B. Hopkins appeared
for the plaintiff; John S. Gould for the
defendant
THE DAY INSOLVENT CASE.
The petition of James McCarraugh ct
al. of New York. praying that Charles
S. Day be declared insolvent, was heard
in the probate court Tuesday afternoon,
and writ was issued returnable the
18th inst, when the first meeting of
creditors will be held to elect an as
signee. The creditors petition, filed by
the New York party, was for bill
amounting to over hundred dollars for
goods furnished, the petitioner alleging
preference of creditors. Charles S. Stew
ems appeared for the petitioner; Black
mer & Vaughan for the respondent.
LEICESTER LAND CASES.
Settlements have been effected in two
important cases against the town Of
Leicester, which have been pending for
three years, and the formal notice of
agreement between the contending par
ties was filed at the superior court Tues
day. In the case Of William Whittemore
VS.. the town of Leicester, the entry is
Judgment for the plaintiff in the sum Of
81 and judgment satisfied. In the sec
ond case, which was that of Eliza Smith
VS.. the town Of Leicester, the entry is
Judgment for the plaintiff in the sum of
$5725. The cases were brought some
years ago as the result of the action of
the selectmen Of Leicester in raising the
grade of Main street in the central vii
lage, and other bettermentS of the high
way, which the plaintiffs claimed in
jured their land, and they brought suit
for the assessment Of damages by jury.
The counsel in the case were H. o.
Smith and Blackmer & Vaughan.
A WIDOWS ALLOWANCE.
In the probate court, Tuesday, Judge
Forbes granted the petition of Mrs. Cep-
has B. Stevens OF Gardner, asking for
widows allowance under the will of her
husband, Cephas B. Stevens, the court
granting the petitioner $3.50. Thatcher B.
Dunn appeared for the executor of the
WILL A. Smith of Boston for the petit
toner.
WANTS HIS TAXES ABATED.
There will be an interesting hearing at
Fitchburg at the county court house this
morning at 10 o'clock before the county
commissioners, on the petition of Elihu
Chauncey ct ais, of LeominSter, for an
abatement OF taxes. The claim of the
petitioners was filed with the 'selectmen
of Leominster, who disallowed it, and
the appeal is taken to the commissioners,
the point involved being the reduction
of taxes ON certain property of the Pc
titioners in Leominster. Pierce & Styles
will appear for the petitioners; Hamilton
Mayo for the town Of Leomin5ter.
APPRAISERS REFORT.
Ledyard Bill, James Green and David
Manning, who were appointed by the
court appraisers of the estate of Shep-
herd C. Wilder Of leominster, have filed
their report with the register Of probate,
finding the valuation Of the estate as
$104O in the Clinton Savings bank.
SETTLED OUT OF COURT.
In the probate court, Tuesday, the Pc
tition of Lucy A Worthing:on VS.. Frank
E. Worthington, both of Worcester, for
separate maintenance, specific charges
being alleged, was dismissed. An agree
ment satisfactory 70 both parties, who
are now living together, was reached
out of court, and as the petitioner did
not appear TO press the petition proceed
ings were stopped. Thayer & Cobb ap-
peared for the petitioner; Emile Zaeder
for the defendant,
A CARRIAGE REPLEVINED.
Deputy Sheriff James Hunt replevined
a carriage belonging to w. B. Sawyer Of
Worcester, from w. j. B. Putnam of
Charlton, Tuesday. The plaintiff had
sold the carriage to one Joseph Hope of
Worcester, and then when 1t had been
partially paid ior w. j. B. Putnam of
Charlton became the possessor. AS
certain amount was due on the carriage
Mr.. Sawyer sought to secure it, but Mr..
Putnam refused to give it up, and a
writ of replevin was issued. ]. F. Jand-
ron appeared for the plaintiff.
TO BE TRIED IN SUFFOLK COUNTY
Thomas 6. Kent was in Boston Tues
day in connection with the case of A.
Abbott of Boston vs. Elias S. Sanford,
an old resident of Worcester, which is
now on the trial list before the superior
civil court of Suffolk county. The case
was continued until later in the week
Kent & Dewey for the defendant.
ATTACHMENTS.
Henry N. Moulton VS.. Erving j. Hol-
brook, Holden, $500; central district
court; writ served by Merricl. M H
Cowden for plaintiff.
Charles S. Forbes VS.. Michael j.
O'Shea, Worcester, $500, central district
COURT writ served by Richardson. Chas.
S. Forbes for plaintiff.
John OiToole ct al VS. Orison H..
Weleh, Clinton. $500, central district
court of eastern Worcester; writ served
by Bartlett. W. e. Dame for plaintiff.
COURT SESSIONS.
Judge John H Hardy has been assign
ed to preside over the April jury waived
session of the superior court, which
opens in the brick court house April
11th. No session was held in March,
owing to the fact that several of the
judges were sick, and others had been
assigned to other courts, and in the
omission of one session the docket has
grown in the number of cases so that
the list comprises nearly 125 cases.
AS the supreme judicial court comes
in April Il, or the Tuesday following
the opening Of the jury waived session,
the regular session of the superior civil
court, over which Judge Gaskill pre-
sides, will be suspended for a week or
more, during the sitting of the supreme
court, with one Justice and juries. re-
suming the session at the close. Ad-
journment for week will be taken Fri
day, April g.
THE COURT HOUSE PLANS.