The Providence news. (Providence [R.I.]) 1891-1906, 1898-09-03
INJUNCTION
CONTINUED
Miss PinkertOn's Case
Again in Court.
COUNSEL TOLD HER STORY
Criticised the Action Of Deputy
Sheriff and Keeper.
DECISION OF JUDGE WILBUR.
COUNSEL TOLD HER STORY
DECISION OF JUDGE WILBUR.

There was a hearing before Judge
Wilbur this morning in the appellate
division OF the Supreme Court on the
motion Of plaintiffs counsel in the case
OF Mrs. f. A. s. Whitford VS.. Mary A..
Pinkerton that the stay of execution
granted by Judge Bosworth be taken
off, and the motion was denied. The
hearing was quite a long one, and all
OF the Interesting incidents of the con-
troversy between Miss Pinkerton and
the contractor. K. A. S. Whitford, who
built her houses on Providence street,
were told TO the court. Most of these
incidents have been referred to In these
columns.
Mr.. Mitchell of the law firm of Bas-
sett e. Mitchell, who urged that the
stay be taken off, said a bill I'm equity
had been filed by counsel for Miss Pin
kerton, in which he sought to redeem
the property which had been bought In
by the contractors wife; that there had
been great delay in getting the defend
ant out under the execution. and that
Mr.. Whitford had always been willing
to surrender the property when the
amount of his Judgment with costs and
interest was paid.
Judge Wilbur asked what the claim
now amounted to, and Mr.. Mitchell re-
piled $4,000.
Irving Champlin said there was no
offer to redeem in the bill filed by him.
for Miss Pinkerton claimed she owed
nothing to Mr.. Whitford, and that her
property had been illegally sold. The
bill sought to set aside the record and
Judgment and to void the sale. Mr..
Champlin dwelt in a sarcastic manner
on the kindness Of the deputy sheriff
and keeper. who were intrusted with
the execution, and who, he said. with
Mr.. whitford had prevented neighbors
from furnishing food to Miss Pinkerton.
who was sick. Mr.. Whitford going so
far as to put up big screens against
the windows through which the food
had been passed.
Counsel stated that after the order
OF Judge Bosworth, staying further ser
vice of the execution, the bathroom
door and the door to other rooms, in
cluding the watercloset, were locked,
and by his advice the doors had been
broken open. His idea Of the law was
that IL the woman Is too sick to re-
move, the sheriff Is bound to see she
has the necessary facilities for living
in the tenement. other statements to
the eIIecJ tndt Tie pdIticS intinSACU
with the execution had kept a physician
to consult on Miss Pinkerton's condi-
tion, and that Mr.. Whitford had told
tenants in his houses not to give Miss
Pinkerton a drink Of water, were con-
tanned in an affidavit signed by Miss
Pinkerton with a pencil. because the
deputy sheriff had moved out even the
pen and ink.
AfIidavits Of DIR. Waldo II. Stone. DR..
Kenyon, DIR. Clapp of Boston and Mrs.
High, a nurse, were read to show that
Miss Pinkerton was in no condition to
be moved, and that her condition was
aggravated by an assault made on her
by Mr.. Whitford.
Mr.. Mitchell said an injunction had
been obtained against Mrs. Whitford's 8
transferring the property. and he
thought this enough restraint. Then
there was a controversy between coun-
sci as to just what Judge Bosworth's 8
order staying execution meant, that is,
as to whether Miss Pinkerton had the
right under ii to use all the tenement
or only the room from which she had
not been elected. Mr.. Champlin called
attention to the fact that the injunc-
tion did not q Dolly to the deputy sheriff.
Judge Wilbur said II might be hard
ship to Mr.. Whitford to have Miss Pin
kerton remain in the tenement, but 1t
would be worse hardship II she was
removed at the risk OF her life.