Worcester morning daily spy., 1898-02-11
COURT CALENDAR.
Motion Argued for New Trial in
Tuson- Crosby Case.
Other Superior Court Cases-County Com
mlssioners Negotiate a Loan to Meet
Expenses Till Tax is Paid.

Cameron of this city VS.. the ]. j. War
rem company occupied the entire day,
the case being an action of tort, with
an ad damnum laid in the sum Of $4,000,
to recover for injuries received, as al
legged, while in the employ of the de-
PENDANT, March goth, 1896 The plain
! tiff was employed in the operation of
a pressing machine at Washington
\ square, and the injuries were such to
/ his hand that it was found necessary to
amputate the fingers. The plaintiff
/ claims that the machine was defective.
After the close of the evidence, Mr.. Har-
/ ris, for the defendant, moved that the
case be taken from the jury and YER
dict ordered for the defendant, on the
ground that the plaintiff had made no
case. The motion was opposed by Her
bert Parker, for the plaintiff, Judge
Bond ruling that the case would be
given to the jury on some of the counts
this morning at $50 o'clock, to which
time court adjourned. Charles F. Ste
vens, Herbert Parker, Charles c. Mil
ton, for the plaintiff Henry F. Harris
for the defendant.
In the case of John B. Lavigne VS..
William Faucher ct AL, all of Worcester,
in which the jury had failed to agree at
the adjournment of COURT Wednesday
evening, a verdict for the plaintiff was
found, damages being assessed in the
sum Of sos. IS. The case was brought to
secure the enforcement Of a mechanics
lien for $176. Charles j. O'Hara, Will
liam A. Gile, for the plaintiff; Burton
w. Potter for the defendants.
After the regular session of the court
motion for new trial in the case of
Albert Tuson VS.. James F. Crosby ct al.
of Boston, was argued by Frank P.
Goulding for the plaintiff The case was
the first tried in the present term, and
the jury found for the defendant, the
case being an action to recover on a bail
bond furnished by the plaintiff, for Per-
~ Warrington.
After Yarrington's arrest he was ad-
mitted to bail, which was fixed at $780,
At the May term of the superior Grimm
al court in 1896 Warrington was default
ed. The district attorney sued the
bondsman, who was Albert Tuson, the
plaintiff in this case.
Judgment was entered against him,
and steps were taken to sell the real es-
tate of the bondsman to satisfy judg-
ment Before Tuson gave bonds, he
received from the defendant Crosby,
who lives in Boston, and from James
E. ANGEL of Providence, an indemnity
bond. This bond guaranteed him
against all loss in the transaction. After
execution issued Tuson was obliged to
pay $2100 on the bond While the origi-
nal bond was $780, it was lessened by
the court to the sum paid. The defend
ants now deny the debt, and they fur
Their allege that Tuson agreed to waive
his claim if Warrington was produced
and delivered to him in this state. They
claim they delivered him, and he should
| have handed Warrington over to the
police. The plaintiff alleges that at the
time these proceedings were being
transacted Warrington was in Provi-
dence. The business was done in the
law office of John M. Brennan of Provi-
/ dence. Warrington was a stranger to
/ Tuson, and he agreed to go on his bond
on condition that he received an in
/ demnity bond.
Mr.. Goulding presented affidavits to
prove the ground of the motion for q
new trial, that additional evidence had
been discovered. Affidavits We're also
4 presented by the other side; and, after
lengthy arguments, Judge Bond re
served his decision. Court adjourned al
/ 6.25 o'clock. Frank P. Goulding APP,
peared for the plaintiff; John w. Cor.
coran, c. F Aldrich for the defendant.
The following cases are in order fol
today;
2O43 (on triaD--Cameron VS.. ]. J. War
rem Company. C. F. Stevens; Harris.
2643-Keevan VS.. Walker ct al. Rati.
gan; Hopkins, Smith & Hopkins
/ 2446-Lincoln ct al. VS.. city of Worces-
! ter. George S. Taft; Rugg.
2455-Lincoln ct ais. VS.. city of Wor-
! cester. George S. Taft; Rugg.
2656-Joyce vs.. Round Sullivan
O'Connen; F. H. Kelley.
2697-Welsh VS. Welch. Thayer &
Rugg; Sullivan & OConnell.
/ 264S-O' Brlen VS.. Dyer. Sullivan &
| O'Connell; Sheehan & Cutting.
2646-Forehand ct ali. vs.. James es al
i Rice. King q Pice; James H Bancroft
2644-Wiliam Hecl1le vs. James ct al
Rice, King & Rice; James H. Bancroft
269-Dwyer VS.. Worcester & Suburban
Street Railway Company. Thayer &
Cobb; H. Parker, Milton.
493-Green vs. City of Worcester F
b. Smith; Rugg
199S-Hinds ct al VS. Early. Rice
King & Rice; Thayer & Cobb.
A BILL IN EQUITY.
John WEIGH of Gardner, William A
! Welch and Richard WEIGH of Templetor
filed bin in equity in the superior
court, Thursday, against David Welcl
! of Winchendon. The plaintiffs claim
that they are the sole heirs of the estate
of Patrick WEIGH Of Winchendon, wht
died Jan. "A of the present year, an(
that on Oct. 81, 1897, Patrick Welch wa,
possessed of certain tracts of land in tn
town of Winchendon The plaintiffs al
lege that Patrick WEIGH was old, feebl,
and sick, and that by reason thereof
the defendant fraudulently took ad
vantage Of his incapacity, and coerced
persuaded and induced him by undu,
and improper influence to execute to tn,
defendant deeds for the land withou
the defendant paying anything therefor
and at the same time a bill of sale o
all Patricks property was obtained il
the same manner. The plaintiffs alleg,
further that by this they were utterl,
disinherited and cut off, whereupon thu
plaintiffs pray that the court declare tn
deeds void and decree that the defend
ant produce said writings and delive
them UP to be cancelled. Pierce 6
Styles appear for the plaintiffs
THE NEWSPAPER CASES.
Il In the cases against the Telegram
i Newspaper Company-Austin P. Cristy
editor and proprietor-and the Gazett
Publishing Company, for contempt o
court, the writs of execution upon tn
defendants issued by Judge Bond TO
failure to satisfy the judgment of $40
each, with the other papers in cases
were nled back with the clerk of thu
courts Thursday, by Frank p Gould
ing, senior counsel for the defendants
The writs Of supersedeas granted b,
Chief Justice Field. at Boston. stayinj
proceedings, have also been filed anC
order issued by the court upon DEPUTY
Sheriff David H. Hayter, instructin,
him that his powers in making return. o
the writs of execution are suspended il
the two cases by reason Of the super
sedeas proceedings.
REPORT ON KEITH MILLER CASE
+. P. Pierce, to whom as special mas