The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-24

1
sive, and that the municipality had the
right to make an extra charge for over
head wires, in order to induce the COM
pany to place them underground, there
by promoting public welfare and safety.
Harlin H. Hill, when on trial in the
county court of Livingston county, New
York, for perjury, was asked, upon his
Discrimination whether the sigma
ture on an instrument was his, aud the
prosecuting attorney said: Il want you
| to swear whether that is your wiling
or whether it is not" Upon the defend
ants answering Il couldn't say; l
couldn't swear positively as to that, :"
the prosecutor insisted: Il desire an
answer to my question without further
quibbling." The court thereupol re-
marked, Yes, answer the question and
stop 'quibbling.'" Judgment on verdict
of a Jury convicting the defendant has
been reversed by the fourth appellate
division, which unanimously held, in an
opinion by Justice Spring, that this con-
stituted prejudicial error, where it ap-
peared that the question of the de-
PENDANTS guilt was at best a close one,
and that verdict for the defendant
would have been amply justified by the
evidence. The error was held not to be
cured by a subsequent charge of the
the questions of fact regardless Of the
opinion of the court or of the counsel
thereon, as such charge did not speciti-
cally direct the attention of the jurors
to the expression of the court, but was
merely. a general instruction, provided
for in the Code of Criminal Procedure.
Mrs. Emma L. Nones, who resided
in New Jersey at the time of her death,
I.,ff .xvsl
Her husband died soon after, without
having applied for letters of admins
tration A policy of insurance on the
life of Mrs. Nones' father for the bene-
fit of his children. became payable af-
ter the death of Mr.. and Mrs. Nones,
and one of the wife's next of kin, who
was appointed her administrator in this
state collected moneys under this poll
icy. The question was presented to
Surrogate Varnum, on the judicial set
tlement Of the administrator account,
as to who was entitled to these insur-
anee moneys-the next Of kin of the
husband OF those of the wife. After
examining the decisions, Surrogate
Varnum holds that the surviving hus-
band takes unreduced chooses of his
wife, jure mariti, and that therefore
the next Of kin Of Mr.. Nones, through
his ancillary administrator, are enti-
tied to the fund to be distributed.
A boulevard 1850 feet wide, Of which
so feet is graded, while the remainder
! is occupied by grass plats and side
walks. and which is under the control
of park and boulevard commissioners,
who constitutes a city agency, is held
by Michigan decision to be a street,
for the defective condition of a side
walk on which the municipality is liza
Bile as if the boulevard was under the
direct control of the common council.
curfew ordinance passed without
express legislative authority, prohibit
ing all persons under the age of q
years from being on the streets or all
| leys of city after 8 o'clock at night
unless accompanied parent or guar
dian. or in search of physician, is
held by a Texas decision to be void for
unreasonableness and as an invasion
of the personal liberty Of citizens
Good faith in the valuation put upon
property for which stock of a corpora
! tion is issued. is~al that is demanded
according TO a Montana decision, un-
der a law which provides that stock
may be issued for property to the
amount of the value thereof And this
good faith is held to be such belief as a
prudent and sensible business man
would hold in the ordinary conduct OF
his business.
The. common pleas Judges of Ohio at
a special meeting passed by a unani-
nous vote a resolution -sking Judge f.
E. Dellenbaegh to retire from the bench
until his disbarment case is decided by
the supreme court.
The judges have no authority to COM
| pei Judge Dellenbaugh to retire, or to
prevent cases from bsing assigned to
his court should he refuse to comply
with their request