The Providence news. (Providence [R.I.]) 1891-1906, 1899-02-07
He HELD THE FORT.
Now HaskinS is Defendant in Tres
pass and Ejectment Suit.
Claims He Has Occupied Property in East
Providence 21 Years.

The trial uf the trcspass ana eject
ment case brought by Charles W.Smth
against William II. Haskins in judge
Wilbur's court today had some unusual
features. Mr.. Haskins claims 10 have
occupied the premises in dispute over
q years. The property is in East Prov
idence on the lire OF the town OF Sec
konk and the plaintiff claims % have
secured Ute 10y a purchase at, q
mortgage sale. There was a ,rial OF The
issue by one jury ard they declared
that the party then suing had no right
to interfere with Mr.. Haskins title. Al
bert X. Barnes was the plaintiff I'm that
suit ana The defendant GAINS is the
real pliSH..n in The case chat was on
lrial ytOuay. The trial fairly brlstled
with exceptions II the ruling OF the
court. It is admitted that Mr.. Haskns
has occupied the premises during 20
years and that gentleman says he was
told by the late DR. Okie - hold the
fort.
Judge Wilbur denied tho motion "
the defendants counsel for a non-suit
which was asked for on three grounds.
The land and buildings were i'm sad
condition i'm 1875. according TO the
opening statement of Franklin H. owen.
counsel for the defendant, and had
been transferred by George II. Page,
John III. Rowley and Albert Il. Bar
ney To each other back and forward
AMI finally transferred To DR.. Abraham
III. okie, who though the land was
worth but 5000 mortgaged. IL back To
Barnes. The property came into the
hands of Barnes as trustee for Dixie.
and Rowley. When Mr.. Owen made
the statement about the mortgage for
S3l00. he added that there was a GUS
tom among real estate brokers To do
such things and H.. G. Dubois. counsel
for the plaintiff, objected to the state
ment. When Mr. owen said IL would
he shown that Albert *. Barnes made
n mortgage of the property To Daniel
W. lde and that NJ. Ide know nothing Of
the mortgage. Mr. Dubois again object
Ell, ana the stenographer was instruct
ed To take notes Of Mr.. Owens state
ments. Very rarely If ever before have
the opening remarks of counsel been
taken by the stenographer. MIR. owen
went on to say that there was another
mortgage pretended TO be made 10
James |. Potter and Mr.. Potter did not
know or the matter until Albert *
Barnes went To him and wanted TO
have him transfer the mortgage To
William II. Barnes.
The former attorney general here
broke In with an objection To such re-
marks being made i'm the presence of q
jury. Mr. Owsn> 0k9)rted I'm not re-
sponsible for the jury being here" Nm
the court is said Judge Wilbur "anG
II Is only recently that any judge i'm
rhis state has sent jury out during
any argument i'm case"
Mr.. Dubois-"Tts a custom that has
prevailed for centuries i'm England |
your honor" Judge Wilbur replied he |
had spoken of this state simply and |
then Mr.. Dubois descanted briefly on |
the benefits to be derived from the |
English customs. but his honor defend |
ed the ability Of the jury TO be govern |
ed by the instructions of the court. Mr.. |
owen went on and Mr.. Dubois took n |
number of exceptions. Later Mr.. owen |
took exceptions to Mr. Dubois COM |
nents on the answers of a witness.
William Il. Haskins testified he had |
ivcd in East Providence on the prop
,rty in dispute since June, 1877. He |
lever knew any one to claim the prop
rty except himself.
Witness was asked what he had done
o the property and said he had taken
ut rock, drained UP the land so IA |
ould be titled. fenced IL. repaired the |
louise outside and inside many times. |
was. he said. "a wilderness when he |
vent there, and did not know OF any |
ne disputing the title until the writ
vas served on him in the suit of VIII
am III. Barnes against him.
|
'as put through a very searching in
estigation. az To his life previous to his
iking the place i'm dispute and admit
ed he was travelling from place to
lace as junk dealer. stopping where
light overlook him. He had no furni-
are when he took possession OF the
enement. Daniel w. Ide told him he
)uld go i'm there. The place attracted
illness attentions as a convenient !
lace for him To stop in pursuit of his
INK business. Afterwards Mr. Ide said
e had nothing more To do with the |
lace and witness was told DIR. O'Kie |
adj charge of the property. Witness
ld been In charge of the place "a couple
years before Int talked with the doc
N about repairs. DIR. O'Kie told wit
ess If he lived there long enough ne
light own 1t. The parting words of
le physician were Hold the Fort"