The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-11-14
AN old CASE HEARD.
Jury Waived Session
Opens at the
Court House.
MRS. M'GUINN WANTS DAMAGES.
Claims Her House Was
Burned by Sparks from
a Locomotive.
MRS. M'GUINN WANTS DAMAGES.

the court house. Judge Sherman pre-
sided. In the absence of Sheriff r. H.
Chamberlain, who is at the superior
court at Fitchburg, the court was an
nounced by Deputy Sheriff D. H. Hay
ter. Deputy Sheriff w. w. Scott took
the place of Court Crier Sibley, who
was also at Fitchburg.
The first case to be heard was Jennie
McGuinn VS.. Thomas c. Platt ct AL,
receivers of the New York and New
England railroad. Plaintiff brought
suit in 1896 and the case has been
pending since. The claim is for $5OOO
The hearing was not completed in the
morning, and it was continued until the
afternoon.
In the matter of the divorce libel of
Dora H. Muir VS.. James %. Muir,
Charles B. Perry, counsel for the libel
liant, made a motion to the court for
an allowance of $50 for the libellant for
counsel fees. This motion was opposed
by John e. Sullivan. counsel for the
libellee, who said that his client was a
poor man and unable to pay this sum.
The hearing was continued until De-
cember.
An argument was made in the case
Of the Worcester Five Cents Savings
bank VS.. William w SandersOn, in a
bill of equity, by Charles A. Merrill
counsel for the bank. The allegation
was that the defendant mortgaged a
certain tract of land to the bank, on
which there were no improvements. 1t
was claimed that another tract of land
on which there were buildings, was
mortgaged to another party while the
bank supposed that the mortgage given
to itself was On all the parcel of land.
A motion to dissolve an injunction in
the case of the city of Worcester VS..
The Lakeside Manufacturing Co, was
allowed. This case is one of the famous
Kettle brook cases.
In the afternoon the court came in
at 2.15 o'clock, and resumed the hear
ing on the case of Jennie McGuinn VS..
Thomas c. Plat ct al. The plaintiff
claimed that her house was set on fire
by sparks from a. locomotive of the
New York and New England railroad, OF
which the defendants were receivers
The plaintiff lived in a house in Black
stone, near the railroad tracks, and the
house was burned down one night, as
claimed by the plaintiff, by sparks
from a passing engine falling upon the
roof Hopkins, Smith & Hopkins were
counsel for the plaintiff and F. 2. Goul'
| ding and Frank L. Dean for the defen'
dants. Exhaustive arguments were
cited, bearing on the liability of rail
road corporations for loss of property
caused by sparks of locomotives.
The divorce libel Of Horace Roper VS.
| Kittie f. Roper of Clinton, was heard
| in the afternoon. Libellant was mar
| ried in 1892 Arthur P. Rugg appeared
| for Mr.. Roper who testified as to al
| legged various improprieties and infideli
| ties of his wife, involving her conduct
| with F. A. Hammond.
| Mrs. Marshall L. Drew testified as
| to the alleged intimacy between Ham.
mond and Mrs. Roper, at the home Of
| Hammond Mrs. Drew lived in thu
| Hammond house and claimed she fire.
quently saw Mrs. Roper and Hammond
| together.
Grin C. Bates, chief of police at Clin-
ton, testified as to the frequency that
Hammond went to the Roper house
| and said he had often seen the pain
| riding together
Mrs. Mile E. Bates testified sub
stantially the same as her husband. A
number of other witnesses were pres
emit but the court did not think it
necessary to call them.
The divorce case of Clara A. Monroe
VS. Alvin w. Monroe of Worcester,
followed the Roper case.
Mrs. Monroe testified that her hus-
band had neglected to support her and
had left her. The mother of the libel
liant told of her daughters pitiful con-
dition, left with a baby without any
means of support Charles r. Johnson
was counsel for the libellant.
The court adjourned at 4.S0 o'clock.
TODAY'S TRIAL LIST.
Tie trial list for today in the jury
waived session is as follows Corbin
VS. Cassidy. Scribner, exor., VS.. Disco,
Scribner VS. Disco, eXor., Waite, tr., VS..
Worcester Brewings company ct ais,
Lathrop VS.. city of Worcester Goodell
VS.. I<imball Industrial manufacturing
company, Woods ct al. VS.. Baker,
Ricketson company, Conant VS.. Miles
ct al, Rounds VS.. Calling, Dyer VS..
Bradt ct al, Mcdonald VS.. town of
Rutland, Butler VS.. Hoyt, Middlemas
VS.. Miles ct al.
CASES CONTINUED.
OF the cases in order for yesterday
at the jury waived session of the SUI
perior court, these cases were con-
tinued until the December term: Har-
rison p. Murdoch ct Il. VS.. Clinton Co
operative bank Ware National bank
VS.. y. A. Hubley ct ais. ct IT,, Frank
G. Winn VS.. Samuel L. Merchant ct
ais, Toussaint Langevin VS.. Vitaline
Larose, Robert Hunter VS.. Theodore L.
Pomeroy ct tr., Edwin A. Sumner VS..
George b. Dinsmore ct al, Thomas L.
Brown vs.. Charles Case.
CASES DISPOSED OF.
The following cases on the trial list
of the jury waived term have been dis
posed of in the following manner:
Charles C. Copeland VS.. Reliable I'm
derwear Co. settled; Henry Rice vs.
Reliable Underwear Co, settled: Mi
chael j. Cotter VS.. Fred Mathewman,
plaintiff, called, and a non-suit en-
tered: Nellie M. Bridges VS.. John P
Ranger. non suit; John II. Wright ct
al. VS.. Dennis H. Mccarthy, defendant
did not appear and was defaulted;
Louise B. Chamberlain, admir-, VS..
Peoples Savings bank, passed. Athol
Brick company VS.. Charles F. Amsden,
argument Thursday; Charles o. Bent
VS.. Samuel Reed, passed; Union Drop
Forge company, motion on Thursday;
William A. Wishart VS.. Joseph Nc
Knight, passed; Herbert Fisher vs.
George Cowan ct al, continued until
December John S. Churchill VS.. Chas.
Willett, passed; Lakeside Mfg. Co. VS..
city of Worcester, continued until De-
cember; Albert H. Waite vs. Worcester
Brewing company ct ais, motion;
Samuel w. Dart VS.. Cyrus D. Dart,
settled; Clinton G. H. Pugsley VS. VIM.
j. Clarke, continued until December;
Francis M. Blake VS.. Charles A. Cleve-
land, continued until December; Chas.
o. Bent VS.. Samuel Reed, passed; Mil
ton T. Morse VS.. William r. Carroll,
continued until December; John f.
Fowkes Mfg. Co.. VS.. Bernard H. Nc
Mahon, trial Friday; Orlando Mason
ct ali. VS.. Dexter ID. Whitney, passed;
the International Heater company VS..
defaulted; William j. Wizard VS.. Ma
than Warren ct al, continued until De-
cember; William T. Forbes VS.. David
L Rradt continued until Danambar: