Worcester morning daily spy., 1898-03-08

SoUUU. AFTER the evidence had Deen SUD-
mitted, Frank P. Goulding, as counsel
for the defendants, moved that the case
be taken from the jury and a verdict
ordered for the defendants, upon the
ground that the suits could not be main
tanned, as the defendant was dead. The
law points were argued; and, by order
of the court, verdict for the defendant
was returned, William A. Gile, Frank
H. Kelley for the plaintiffs; Frank P.
Goulding, William G. Mellish for the de-
PENDANTS.
AS no other cases were ready, court
adjourned at 2.30 o'clock until $50 this
morning, the jurors being excused.
IN ORDER FOR TODAY.
S2O-Powers VS.. Mccarthy. Potter;
Sullivan & O'Connell
1739-Bradley Fertilizer Company VS..
Howe. A. NJ. Taft; T. H. Sullivan.
2S15-Oshanian VS.. Dastumion ct al.
w. E. Sibley; Taylor, Melanefy.
2321-Goenay VS.. Fitchburg Railroad
Company. Sheehan & Cutting; Tor
rev.
2S76-Holt ct al. VS.. Allen. Emery,
Beeman; Dodge & Taft, A. NJ. Taft.
24S1-Tobey, administrator, VS.. Fitch
burg Savings Bank. Warfield, Harri-
man; Ware, Wiggin.
dQIliIllSIIdGOI,N
stitution for Savings. Warfield, Har-
riman; Kitishi, Virgins.
2456-Carpenter VS.. Fisher. Hagger-
ty & Kane; A. M. Taft.
24S9-Demars VS.. Leblanc. Dunn;
Pierce & Stiles.
24S4-Fitch VS.. McWhurty. Beeman;
D. d. Corcoran, Ratigan.
REED CASE AT CAMBRIDGE.
Col, William A. Gle goes to Cam
bridge this morning to attend the trial
of John Reed, which opens before the
Middlesex criminal court today. Col.
Gile will, as has been heretofore stated,
argue his petition to have the case
postponed, on the ground that the case
has been so largely advertised and ac-
corded such publicity, that it is irnpos-
sible at the present time to impanel an
unprejudiced jury.
COLON DIVORCE LIBEL.
John H. Colon, through counsel, filed
libel for divorce in the superior court,
Monday against Emma e. j. Colon of
Pratts, N. H., alleging desertion. The
parties were married at fsrookline, N.
H, May 1st, 1890, and have lived to-
gether in Brookline and Phillipston,
Mass. The case is returnAble the first
Monday in April.
AN AUDITORS HEARING.
The case of Andrew J. Hall of Graf
ton VS.. James p Cahill of Worcester,
which has been heard before an auditor,
was resumed at the stone court house,
Monday The case is an action of con-
tract to recover one thousand dol
lars for alleged breach of con-
tract, the plaintiff claiming that the
amount stated is still due him for the
erection of a house on Gage street in
1897, the defendant in answer stating
that the work was not of the quality
agreed upon, or that it was not completed
within the time limit. The hearing was
further adjourned until Friday morning.
John B. Scott for the plaintiff; Burton
w. Potter for the defendant
YATES S-BANAGHAN CASE RESUMED
The auditors hearing before William
B. Harding in the case of Francis j
Yates VS.. Lizzie ]. Banaghan, both of
Worcester was resumed Monday morn
ing; the case being an action of con-
tract to recover for money alleged due
for the building of house on Lincoln
and Orne street in 1897, the defendant
claiming that the work was not per-
loiHeu III the manner prescribed. The
amount involved is about $1,000. The
hearing was adjourned until Thursday.
Wood & Wood for the PLAINTIFF; Sullivan
& OConnell for the defendant.
SUES ON ACCIDENT POLICY.
Thayer & Cobb, as counsel for Caro-
line N. Allen, brought suit in the su-.
perior court, Monday against the
Travellers Insurance Company, the ad
damnum in the case being $4,000. and
the case being returnable the first Mon
day in April. The suit is an action of
contract, brought on account of the
death of Charles N. Allen, the we'll
known wine merchant, whose demise
occurred a short time ago, the death re-
sulting from an accident, as alleged,
and the policy being an accidental
policy.
GILLETTE PAPERS FILED.
Judge Charles S. Hayden of Fftchburg
told Spy man Monday afternoon that
the papers in the case of Miss Abbie F.
Gillette, who was recommended for ad-
mission to the bar at the December ses-
sion of the superior court, had at last
been referred to the state board of bar
examiners by Judge Bond, and that her
admission would come before the board
at the first formal meeting, which will
be held within few days. AS has been
Continued on fifth nagaN