The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-09-27
SUPREME COURT.
Provision Has Been
Made for Seating
the Judges.
IMPORTANT CASES COMING UP.
John Mccarthy ofIFitchburg
Leaves Much of His
Property to Charity.
IMPORTANT CASES COMING UP.

The question of properly seating the
justices of the supreme court which
come in Monday, has at last been set
tied. 1t was thought that the old bench
that was in the superior court room
might be moved in the new civil room,
but this was found to be too much
| trouble. as the bench was stored away
waiting for the old part of the build
ing to be finished. So yesterday the
commissioners solved the difficulty by
directing the workmen to build out
platforms on each side of the criminal
bench, so that five chairs could be con-
veniently placed thereon.
There are a number of interesting
cases to come before the supreme court
that occupied several days in trial in
| the lower courts.
| The case of Rosenthal VS.. Move broth
ers took nearly a week in the supe-
rior court last winter. 1t was a suit
for damages caused by the kick of a
horse, and Thayer & Rugg represent
ed the plaintiff and Hopkins, Smith &
Hopkins the defendants The verdict
obtained, $500, was the largest sum
ever awarded in this county for per-
sonal injuries. A motion for a new
\ trial was defeated, and now the defend
ants have appealed to the supreme
court The question is raised as to the
effect of the United States bankruptcy
law upon the bond which was given to
dissolve the attachment.
| Another case in which Thayer &, Ruge
are counsel is Costigan VS.. the War
rem. Brookfield and Spencer Railway
| of q
Hopkins, Smith & Hopkins for the
plaintiff.
| The case of the commonwealth VS..
Jones is interesting to Worcester peo-
pie who patronize the street railways
| The defendant. who was a passenger
on the Consolidated Railway, in the al.
legations, rendered his fare to the con.
ductor and demanded transfer to &
connecting line. He got on at Pleas
ant street, and, seeing a Greendale cal
in front of him. wanted a transfer sc
he could get on the other car. Ac.
cording to the rules of the road, the
conductor could only give him trans
| fer when he got to Lincoln square. The
man refused to pay his fare without
the transfer and paid it when he tool
the other line. The question is whether
under the provisions of the statute hi
is liable and should be convicted o.
|
criminal action brought against The
passenger, he was convicted in the
lower courts. and now the case will bt
heard on appeal on questions of law
the facts in the case being agreed OF
/ by both parties. A question will b.
raised whether the road has right t.
bring a criminal action against pas
senger who offers to pay fare on deliv
cry of transfer, but refuses without thu
/ =. FTT1,.-
| way company are plain enough, bu
counsel for the defense claims that tn,
rule is not a reasonable one. William
A. Gile appears for Jones.
Jonathan Smith of Clinton and Col
Gle have entered appearance in thu
supreme court in the two cases o.
Sears VS.. Brimhall. These bcases in
volve the question whether or not the
estate of Silas Brimhall is liable for thu
injury to person Who stepped over
| bank upon the land Of the defendant
and injured himself. On High stree
in Clinton there is banked wall below
which is the land of the Brimhall es
tate. On the Church street side one
can enter easily, as there is no grade
| it is claimed and the old common Law
proposition of going on another's lane
without invitation has bearing on the
case The superior court found in ia
vor of the defendant, and the case goes
to the supreme court on report Of
plaintiff.
In the registrer of deeds office yester-
day was filed the first and final account
of John S. Holt, administrator of the
estate of M. Florence Holt. 1t showed
balance of $132. rs due to the admin
istrator.
/ !,
fore the county commissioners yester-
day. Today they meet in Fitchburg to
consider the relocation of Westminster
street in that city.
There was hearing yesterday before
Henry A. Aiken, Nicholas j. Mooney
and Harry H. Fairbanks, sitting as
commissioners to consider the partition
of the premises at the corner of Graf
ton and Winter streets. Charles T.
Tatman appeared for the owner, r. G.
Taylor, and B. w. Potter for Mr.. Har-
! ford. The commissioners took the case
under advisement and will give a de-
cision the latter part Of the week.
In the register of deeds office yes
terday grant was recorded from John
f. Philbin ct ais. to the commonwealth
| of Massachusetts. The parcel Of land
| lies between Boylston street and Clam
shell pond, and the Wachusett tunnel
runs through the property. The consi-
deration, as in the other deeds to the
Metropolitan Water Basin Company, is
one dollar.
The following cases were allowed in
/ the probate court, in Fitchburg, yester-
day: Wills of Levi J. Hemenway,
Eleanor M. Stone of Leominster, abb
gail Powers of West Brookfield, Jerome
Perry of Worcester. George H. Gould
of Worcester, Caroline E Taylor Of
Worcester Lyman D. Edwards Of
Athol, Mary Brown Of Southbridge and
Chauncey Brown of the same town
Henry Gushing of Fitchburg, Charles
Parkhurst of Templeton, Johanna Nell
son of Brookfield, Ellen M. Richardson
of Lunenburg, Caleb I. Spencer of
Athol and Lena A. Pitts of Fitchburg.
The will of John Mccarthy of Fitch
burg gives several small public be-
quests. Two hundred dollars is given
to the Order of the Sisters of the Pre-
sentation connected with st. Bridget's
Church of West Fitchburg, 500 to the
poor of the parish and one-half of the
residue of the estate, after number of
requests are made, goes to Rev. Thorn
as s. Hanrahan to be used for charity
In the matter of guardianshins tba
following were allowed: Clarence a
Bartelle ct al, Flora e. Dumas, Charles
L. King ct al, Edward r. Pitts. Mont
gomery Bixby (insane). Jane G. Fay
Qnsane). ~
In the estate of Denis OConnor tbe
administrators final account was all
lowed, ana the second final account of