Worcester morning daily spy., 1898-02-26
COURT CALENDAR.
Supreme Court Rescript in Case
of Archambeau VS.. N. Y. &
N. E, r. r.
A Blackstone Woman Leaves Money for
Church Work-A Grafton Will Case-A
Horse Trader Insolvent and
Other News

supreme judicial court FRIDAY IN the
case of William A. Archambeau, by his
next friend, VS.. the New York and New
England Railroad, which was argued at
the last sitting of the court in Worces-
ter. The finding of the court is ''judg-
ment on the verdicts," the ruling being
that ''the defendant was not liable to
the acts of the receivers" The case
was an action of tort, with an ad dam
mum of $4,000 to recover for personal in
juries received in the service of the
road, August 18th, 1895, when the plain
tiff was hit by striking against the
roof of bridge on the Norwich and
Worcester railroad between North Gros-
venor dale and Grosvenordale. The
plaintiff was a minor, and alleged in
sufficient warning and instruction as to
his duties, verdict being ordered for
the defendant by Judge Hopkins before
whom the case was tried, and which
verdict is affirmed by the decision of
the supreme court. William A. Gile for
the plaintiff; Frank P, Goulding, Will
liam c: Mellish for the defendant.
MONEY FOR CHURCH WORK.
Several public bequests are provided
for in the will of Nancy M. Cass Gail
Ion of Blackstone which was filed for
probate Friday. The first items Of the
testament arrange for bequests of per-
sonal property to relatives, among them
being Hannah j. Scott, Uxbridge; Annie
E. Weeks, East Providence; Emma F.
Sessions, Mary A. Ross, Israel Cass,
East Darlington, H. G. Sessions, Kate
D. Sessions, David B. Goodale, MARI
Tofe NJ ina Ia
Henry Parker Weeks, Lyman Weeks
and Others The sum of 5000 is left to
Hannah j. Scott, wife of the executor,
to erect monuments for the testator and
her husband The sum Of 5000 is left in
trust to Louis Klopsch Of New York city
for Sunday school mission in the west,
especially that carried on by Mr.. Sharpe,
whose first name the testator did not
know. To the McAll Mission of Paris,
France, 5000 is also bequeathed; $100 to
the Blackstone Congregational Church,
and S400 to the Waterford Free Baptist
Peoples parish. John r. Scott of Ux~
bridge is named as executor.
A GRAFTON WILL CASE.
An all-day hearing was held in the
probate court Friday, upon the allow
ance Of the will of the late Charles L.
Allen of Grafton and the appointment
of John S. Bullock as executor. BY the
terms of the will, the testator, who died
Dec. 26, 1897, left ali of his property,
amounting to between $4,000 and $4,000
to the Methodist Episcopal Church Of
North Grafton, of which the deceased
was a member, John S. Bullock being
named executor The will is contested
by his heirs, nephews and nieces, who
received nothing, on the ground that the
testator was not of sound and disposing
mind Rev. j. H. Humphrey, the pas
tor of the church, and other members,
as well as the contesting nephews and
nieces, to the number of five, were in
court. Evidence was presented and the
final arguments will be heard Tuesday,
to which. time The hearing was ad-
journed j. K. Greene appears for the
will; Thayer & Cobb for e. ]. Allen ct
ais, who contest
THEATRICAL CONTRACT CASE.
Judge George NJ. Woodward is busily
engaged in taking depositions in two
cases in which members of the "Ole Oh
SON. Company, now playing at Lo-
throp's, are involved. The suits are
those of Jules S. Murray VS.. James and
Dolly Foster McAlpin and James and
Dolly McAlpin VS.. Jules S. Murray, the
plaintiffs in the last case and the de-
PENDANTS in the first being leading mem
bers OF the company last season. Mr..
Murray the proprietor, brought suit for
alleged breach of contract, and then the
counter suit was brought, and deposi-
tions are taken of several members of
the company who were witnesses.
A HORSE TRADER INSOLVENT.
H. MARYLAND Holmes of Lancaster, a
farmer and horse trader, filed volun-
tary petition in insolvency Friday
through his counsel, Wood & Wood, OF
this city The liabilities are between
$4,000 and $4,000, but the assets are un-
determined, The writ is returnable at
the court of insolvency, March 1S, when
the first meeting Of the creditors will be
held. Constable James Hunt has been
appointed messenger
WIFE GETS $25 A MONTH.
In the separate support case of Roxa
A. Cuthbet Of Fitchburg VS.. James
Cuthbert of Washington, D. G., which
was heard in the probate court Wed
nesday, Judge Forbes has granted the
petition for separate maintenance, and
orders the respondent to pay the petit
toner SIS per month The respondent is
an employee of the government, and
claimed in answer that when he moved
to Washington. his wife refused to go
with him, and that therefore he re-
fused to support her Hugo Pechner for
the petitioner; Charles r Ware for the
respondent -+--@F
A RECEIVER ORDERED.
Judge Hopkins handed down a decis-
ion Friday in the case of Peter Baker
VS. Davis Kritchner, both of Worces-
ter, which. was heard at the last jury