The Worcester spy., 1898-10-08
COURTS.
The Supreme
Bench
CONCLUDES LIST.
Telegram Contempt Case
Uses Up the Time.

The supreme judicial court, which
has been in session since Monday for
mally adjourned sine die at o'clock
yesterday afternoon. To clear the
docket and hear other matters, Justice
Knowlton will hold court today, the
session opening at $50 o'clock, as pre-
viously announced in The Spy.
Among the cases argued yesterday was
the kilograms contempt case and nine
cases were heard during the day.
The case of contempt of court
against the Telegram Newspaper Com
pany was argued upon writ Of error.
On Jan. 14th of the present year, at
the session of the superior court be-
fore Judge Daniel w. Bond, an order
was issued by the court to the Tele-
gram Newspaper Company and Aus
tin p. CrIsty as proprietor, the plaintiff
in error, commanding them to show
cause why an attachment should not
be issued against them, and why
they should not be adjudged in con
tempt for the publication of an article
Silas H. Loring VS.. the town of Hol-
den. which was then on trial, and al
leging that an offe. OF settlement had
been made.
Austin P. Cristy as treasurer and
Manager Of the Telegram. was sum-
moned into court ard fined $780, Judge
Fond held that the article as referring
to the sum offered by the town to Mr..
14ori1g for settlement was calculated
to cbstruct the course of Justice and
to prevent a fair trial of the case. and
1T was contempt OF tho courx on the
part OF the Telegram to publish the
statement during the trial Of the case.
The Telegram was therefore adjudged
guilty OF contempt and ordered to pay
fine of $1OO; and it was further or
dered that if the fine We're NOT paid
within "a hours, an execution was to be
issued against the Telegram for a col
lection of the fine by a levy upon the
property of the newspaper The exc
cutlon was issued, and the proceedings
upon 1t stayed upon the writ of error,
which was argued before the full
bench.
At the time of the first hearing for
contempt against the Telegram, be-
rore Judge Bond, it was stated that the
article in question was copied by the
Telegram from another newsp-psr, and
further, the questions raised by the
l. ISAS5A all III QelGASe on lCS WIFI Oh err
ror were whether the matter in ques-
tion constituted a contempt, whether
the court had any jurisdiction to issue
the order finding Mr.. Cristy for con-
tempt, or to order an execution against
the Telegram company for failure to
pay the fine of $100 against it, Herbert
Parker appeared for - commonwealth
The similar case Of 3le Gazette coTS
pany (plaintiff in erroO against the
commonwealth, was argued together
with the contempt case of the Telegram
Newspaper Company. Herbert Parker
appeared for the commonwealth; Frank
p. Goulding, David Manning and Will
liam C. Mellish for the Telegram News
paper Comany and the Gazette Com
pany.
THE PARMENTER CASE.
The case of the Parmenter Manufac>
turing Company of East Brookfeld vs.
H. Warren Hamilton ct ais, was ar
gued 1t involved the legality of the
new national bankruptcy law and the
legal Interpretation of the time it went
into effect. Morgan Sz Stewart for the
plaintiffs; Henry w. King, Charles
M. Rice for the defendants.
GRAFTON BANK VS.. WING.
The two cases of the Grafton Nation
al Bank vs. Oliver NJ Wing adminis-
TRAITOR, and the Grafton Savings Bank
VS.. Oliver M. Wing, administrator,
were argued together. The cases were
actions of contract On promissory
notes, one being for $4,000 and $4,000
notes, and the second for $S000 The
notes were made by the Wheeler cot
ton mills, all being signed by Henry
M. Wing, the defendants intestate
John B. Scott, t. Hovey Gage for the
plaintiffs; Frank P. Goulding, William
G. Mellish for the defendants.
L. - IL
of Michael Meehan VS.. the Speirs
Manufacturing Company, which was
one of four cases brought against the
defendant company to recover for in
juries received through the explosion
of naphtha tank on the defendant
companys premises. This was made
test case, and a verdict was ordered in
the superior court for the defendant, to
which the plaintiff appealed, claiming
that the occupation In which they were
engaged when the tank exploded was
not usual to their duties and that the
work was done without proper instruc-
tion from the defendants on the dan
gers of naphtha. William A. Gile, Frank
H. Kelley for the plaintiff; Herbert
Parker, Charles G. Milton for the de-
PENDANTS.
The two cases of Peter Archambeaux
and William A. Archambeaux VS.. Thos
c. Platt ct ais, receivers of the New
England road, were submitted to the
court together on briefs. William A.
Archambeaux was injured in an acci-
dent on the defendants road at Web
ster, while in its employ. He sued TO
recover for personal injuries and his
father, Peter Archambeaux, sued to re-
cover for the loss of services of his son,
who was a minor. The lower court or
dered a verdict for the defendant from
which the plaintiffs appealed. William
A. Gile for the plaintiffs; Frank p
Goulding, William G. Mellish for the
defendants.
TO BE ARGUED LATER.
The case. of William A. Wilcox ct ais.
ys. Charles S. Forbes ct ais, which
went into the supreme court on excep-
tions to rulings of Judge Dewey as to
the exclusion Of evidence anent photo
graphs introduced at the trial of the
case. lis to be argued before the supreme
court at Boston at later term.
THE plaintiffs brought suit to recover
possession Of property valued at about
SAC. 900, decided by Alfred w. Wilcox. de-
ceased, to the defendants, 1t being
claimed that he was not in his right
mind at the time. Judge Dewey found
for the defendants
The case was on the docket for the
present term of the supreme court, but
the defendants brief has not yet been
filed, and the case will necessarily be
argued at a later term of the court
Frank p. Goulding. Eben +, Ihomp-
son for the plaintiffs; Herbert Parker
for the defendant
AUDITORS REPORT FILED.
William b. Harding as auditor, has
filed in the probate court his report in
the case Of the accounts Or Ella G
Dinsmore. as guardian for Charles N.
OJu.rrora executor on the estate Of