The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-21
DID NOT PAY.
LEGACIES.
Suit Against MCCulla and
His BOndSmen.
GALLIGANS, PLAINTIFFS,
Say Money Left by Their Father
Was Nevsr Gwen Them.
GALLIGANS, PLAINTIFFS,
POINTS RAISED BY DEFENCE.

A case that recalled the time some 20
years or more ago when Gen. John NJ.
Brennan John Morris. and Bernard Mo-
Culla controlled the politics of the old
Tenth Ward was before Judge Rogers.
who has charge of the jury trial, waived
calendar in the appellate division Of the
Supreme Court today, In those old days
before the redivision OF the wards. Gen.
Brennan, who has since left the ward,
after capturing al It's honors, and Mr..
Morris. who for "a number OF years was n
councilman from the ward and Bernard
McCulla who was once, on the school
committee. put has since Leen for many
years In the liquor and hotel business,
were great friends and dir. Morris was
then ths wealthiest Of the three, so when
one OF Mr.. McCulla's friends, one Edward
Galligan, died, and nan ed Mr. MoCuIla
as one Of the executors OF his viii, 10 was
very natural that Gen. Brennan ana
Councilman Morris should go on his bond
Michael Brady, who Was appointed TX Oh
tor with McCulla declined the trust
In the legal business that he has had
for some years Mr. McCulla has had quite
IA number of lawyers, but his counsel
more recently has Deen Charles III. Page,
Sr. Mr.. Gslligan left two children.
Galligan, when he died on August 81,
1877, and they were each given 500, rs
was their mother. who died about seven
years ago. The two children of Mr.
Gallagher. who are now grown man and
woman. claim they never received the
legacy left them by their father, and on
A April lG 1897, they asked the Municipal
Court TO direct Mr.. McCulla TO file an ac-
count. Mr.. McCulia fled an account in
accordance with an order OF the Munich
p i Court on the petition OF the children
beneficiaries
In this accout MIR. McCulla asserts
that he has paid out $G0. 66, and that the
estate left by the testhtor consisted only
of money on deposit in two savings
banks. Ihs amount OF the bond sued on
is $1,000 Ihe money left by Mr. Galligan
was in the Peoples Savings Bank and
another bank and amounted, TO 1861 06.
Neither Of the surviving heirs of Mr..
Galhgan were satisfied with Mr.. McCui-
la : account, so they began suit on the
bond. lhe case was regularly set down
for the present week, which, being the
third week Of tre month, il the one Judge
Rogers devotes to jury trial waived case.
When Judge Rogers oallsd the case this
morning, though there were thrse law
nrIns namely, those OF Page q Page,
brennan & Holland, and Wilson a.
Jencks were interested in bshalf II the
defendants, only Attorney Christopher
II. Champlin, counsel for Mr.. GalIigan
ard Miss Gallagher was present in court
Judge Rogers sent one OF the court officers
for the attorneys wanted, after Mr.. Cham
plin had said no wished To take no adyan-
tage of the attorneys for the defenants.
Mr.. Page was the first one found, and
he said he represeDted MIR. MoCula, but
that he thought General Vision or Gem
eral Brennan knew more about the case
ttpneral MI Rftpr arrived nd
snid he wished time to examine aud SEQ
III there was any d. fence worth urging i'm
behalf Of his client, Mr.. Morris. one If
tho sursties Mr. Page said that Mr..
MtCulia had used all the money on the
family of MIR. GalIiRan in an honest but
an Irregular way.
Mr. Champlin objected to any post.
uonoment of the case ana Judge Rogers
thought none necessary.
General Wilson, when the cass finally
got TO a hearing. said ttat from the dec
IGratiOp and pleas, tho sureties were en-
titled TO the benefit Uf the lsches on the
part Of the plaintiffs ana the sureties were
entitled by Plea to raise the question of
laohes.
MIR. Champlin objected at first TO the
entrance Of an additional plea into the
case, but nt the sugg estion of Judge
Rogers Withdrew his objection and the
sursties were given lsave tn put i'm any
defence just the SAME as If IL had been
specialize pleaded.
sAi. Champln said the breaches Of the
bonds were neglect TO file IN inventory.
neglect to fle an account ana failure 10
Iay certain legat les TO Ann Galligan, the
widow of the deceased, or TO his chiIGren.
! Eese legncits amounted Co $50 each To
Ellen, Petar John and Ann Eliza CALI
gan. anu the balance Of Mr. 1alliQan's
properly was lett To- Ellen Galligan.
4 40 testimony of the plaintiff ana other
Will osses was taken ana tho delay in
bri ging the action on the pnrt of the
nlaiutifIs urQsd I'm behalf OF the surettas