Worcester morning daily spy. (Worcester, Mass.) 1888-1898, 1898-03-17

resumed from Friday The case is an
action of tort with an ad damnum Of
$40, 900 to recover for injuries received on
the road as alleged Feb. 2, 1897, through
the alleged negligence of the defendant
company. Further evidence was Of
fered, and the case, which had occupied
the entire day, was unfinished at the
adjournment of court at 4.30 o'clock, be-
ing resumed at $50 o'clock this morn
ing. Herbert Parker, Charles c. Mil
ton for the plaintiffs; Frank P. Could
ing, William c. Mellish for the defend
ant.
The trial list remains unchanged.
FINAL HEARING FINISHED.
The final hearing in the case of Ans
drew J. Hall of Grafton VS.. j. p Cahill
Worcester, which has been heard be-
fore Henry L. Parker as auditor, was
finished Wednesday morning The case
is an action of contract to recover for
the building of house on Gage street,
Worcester, the contention being as to
the amount due on the contract. The
report of the auditor will be filed later
John B. Scott for the plaintiff; Burton
w. Potter for the defendant.
ATTACHMENTS.
w. e. Walker VS.. Robert Cunningham,
especially estate in name of Thomas K.
Cunningham, Boylston, $1,000 Superior
court Writ served by Bartlett. Chas.
G. Bancroft for the plaintiff.
New England Fire Insurance Com
pany, Henry w. Wyman assignee, VS.
Charles c. Carter, Winchendon, 5000. Su-
perior court of Suffolk county Writ
served by Callahan. H. o. Cushkan for
plaintiff.
WORCESTER CYCLE CASE DE-
CIsION.
At New Haven Wednesday, Judge
Townsend Of the United States district
court rendered decision in the case
brought by the stockholders of the Wor-
cester Cycle Company, with a plant in
Middletown, Conn, for permission to
foreclose a mortgage of $500. 900 on the
company'S plant The decision holds
that the trustee can be allowed to in
tervene as standing in the place of the
company, but not as representing any
other rights; that the possession Of the
receiver is the possession Of the mort
gagee, and so can hold all Of the prop
erty.
ALLOWED TO PAY DIVIDEND.
In the supreme court before Judge
Barker, Herbert Parker, receiver of Bay
State Mutual Fire Insurance Company.
was allowed to pay a dividend of 50
per cent and was further allowed $4,000
as compensation for his services as re-
ceiver.
CENTRAL DISTRICT COURT, UT
LEY, j., WEDNESDAY, MARCH 16.
The continued case of Noah H. Godue,
one of the proprietors of the Exchange
Hotel, on the charge of maintaining a
nuisance, preferred by Frank Couture,
tailor, came UP for trial Wednesday
morning. The complainant's story was
| to the effect that he was induced to
| play poker at the hotel, and was swim
died in the game. Godue was sentenced
to the house of correction for 4 months
but appealed. and was ordered to rec
| ognize in the sum of $500 for his APP
pearance before the superior court
Frank Couture testified that he had
known Godue about three weeks, and
| had had business relations with him. A
week ago Saturday evening. Godue and
man named Smith entered Couture
shop, and Smith said he wanted suit
| of clothes pressed and asked Couture tc
| call at the hotel for them. Godue sug-
! gested a game Of cards in the shop, but
! Couture refused. In the evening Cou-
| ture called at the hotel for the suit OF
| clothes, and was shown into room
where Smith was seated. A proposition
| to play poker was refused by the wit
ness, but the invitation was accepted
| by Alphonse Couture. who accompanied
| his brother, and he lost $3.25, all the
money he had with him The boys
claimed that Godue then ordered them
| out Of the house.
! The following Tuesday nigh. Couture
returned to the hotel with the pressed