The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-11-26

.CRlSTY'SDEM
0verruled and He Must An
swer Bill Filed.

Several rescripts We're handed down
from the supreme court yesterday in
cases heard at the October sitting in
this city
In the case of Frank w Blair for
merly editorial writer on the Telegram,
against the Telegram Newspaper Com
pany, ct al. the decision of Judge Dun
bar, overruling the demurrer of the
defendants, is sustained, the court
holding that enough is alleged in the
original bill in equity as amended to
require the defendants to answer the
bill as to the 500 per week received
by Austin p Cristy as salary from
June list 1892, to May 9Th, 1896 This
decision affirms the opinion of the low
er court, and the case will now be heard
on is merits.
According to the allegations of the
original bill, Mr. Blair was stock
holder in the Telegram Newspaper
Company, that it was agreed that Mr..
Cristy was TO be paid $50 per week but
that said Cristy drew a salary Of 500
without legal authority. and without
the sanction of Mr. Blair. Mr. Blair
wants the courts to compel Mr.. Cristy
10 ltlli IL ~ Liz LCeSdl vi INK NOI POI
alton the money which he claims was
fraudulently appropriated by Mr. Girls
ty to his own purposes. frank p.
Goulding, William c. Melilsh for the
plaintiff; sherman L. Whipple, David
Manning for the defendant.
In the case of Maurice Glare against
the New York, New Haven and Hart
ford railroad. the exceptions taken are
overruled. The case was an action of
tort with an ad damnum of $5000 to
recover for the death Of William Nor
rissey at Webster, in 1892 the plaintiff
being administrator Of the deoease1's
estate A defective hard ca~-yvas o'-
legged as the cause Of the accident, re-
sulting in the death Of Mr.. Morrissey.
The case was first tried under the spec
ial act of 1881, known as the empluy 44s
liability act, and a verdict for the de-
PENDANT was given. A new suit was
brought under the common law, and
from the verdict ordered for the defend
ant an appeal was taken to the supreme
COURT
The decision establishes an important
point, that d case having once been
tried and ruled upon by the supreme
court, cannot again be tried upon the
same issue. William A. Gile, Frank H.
Kelley for the plaintiff: Frank p
Goulding. William c. Mellish for the
defendant.
The decision of Judge Forbes in the
win case OF Clifford A. Cook, admins
traitor, against Henry j. Hayward, ct
AIS, is affirmed. The case involved the
construction of the will of the late
cambridge Hayward of Milford. and
the supreme court holds that the legacy
of $4,000 to William b. Hayward, son of
the testator, was vested in the tesla
tors death.
Henry w. King as administrator of
the estate of William 3. Hayward, APP
piled to the probate court to have the
$4,000 bequest paid to the estate. BY the
win of cambridge Hayward it was pro-
vided that $4,000 should be left to his
son at the death of his widow, Martha
Hayward. William B. Hayward, the
son, died in 1896 before the death of
Mrs. Hayward, who has been given a
life interest in the estate. At the death
Of Mrs. Hayward, petition was made to
have the bequest of $4,000 to William B
Hayward paid to his administrator. and
this petition was opposed by heirs Of
Mr.. Hayward, Mr.. Cook, the executor of
Mr.. Hayward estate, refusing to pay
over the money. Judge Forbes ordered
it paid, and this decision is sustained
by the supreme court.
Henry w. King appeared for himself
and Amelia NJ Hayward: Hopkins &
Hopkins for Henry J. Hayward, Hattie
NJ Hayward, Salina NJ Graham, Mar
tina Griffin, Gustavus b. Williams and
Wendell Williams, Daisy I. Hayward,
Chester Minot, Wendell Williams, guar
dian; and Clifford A. Cook for himself
The plaintiffs exceptions are over
ruled in the case of Catherine McDer-
mott against the Warren, Brookfield &
Spencer street railway. The case was
an action of contract to recover $225.
claimed as damages to real estate
owned by the plaintiff. Judge Hopkins
found for the defendant, which decision
Is sustained.
John r. Thayer, Arthur P. Rugg for
the plaintiff n. Sumner Myrick, J. AL
bert Bracket for the defendant
The defendants exceptions are also
oveTuled in the case of the common
wealth against Arson c. Magoon. The
case was tried at a recent criminal term
of the superior court, and the defend
ant was fined $40 for cruelty to horse
in West Boylston
District Attorney Herbert Parker
fsf the plaintiff; Marvin NJ. Taylor for
the defendant.
THE PROBATE COURT.
wills allowed-Sylvia c. Pitcher Of