The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-10-04
SUPREME COURT.
Six Cases Disposed
of on Argument
Yesterday.
EXPECT ADJOURNMENT TODAY.
Interesting Case Regarding
Fraudulent Evasion Of
Car Fare.
EXPECT ADJOURNMENT TODAY.

were set down for argument submitted
on briefs. The case of jeremiah Cos
tigan, Jr., VS.. the Warren Brookfield
and Spencer Railway Company will
not be argued, as first intended by
counsel, but is submitted. Hopkins,
Smith & Hopkins are for the plaintiff,
and Thayer & Rugg and N. S. Merrick
for the defendant corporation.
The case of John Green ct ais. VS..
Francis A. Gaskill, executor and
trustee, ct al. will be submitted ON
briefs. The counsel for the defendant
were Herbert Parker and Henry L.
Parker, and for the plaintiff James
Green and Frank P. Goulding. Two
weeks is allowed for the filing of briefs.
The cases argued yesterday were:
James F. Hill VS.. the Middlesex Mutual
Insurance Company, Burton w. Potter
for the plaintiff and Frederick w.
Brown for the defendant; common
wealth VS.. Jones; the district attorney
for the prosecution and William A.
Gle, the defendant; inhabitants of the
town Of Clinton VS.. William f. Heag
ney ct ais, Jonathan Smith for the
plaintiff and John W. Corcoran and
William H. Fay for the defendants.
Two cases numbered separately in the
The cases were Louise Sears VS.. S. R.
Merrick ct al, executors, and Andrew
T. Sears VS.. S. R. Merrick ct al, ex-
ecutors. John w. Coreoran made the
argument for the plaintiff and Jona-
than Smith and William A. Gle argued
for the defendants
The case was brought in the lower
court for alleged damages to the
plaintiff on the property of the de-
O. i =
on the premises was extensively gone
nto-by counsel and various plans and
photographs of the premises where the
alleged accident took place were sub
mitted to the court.
The case of Charles M. Thayer, adj
ministrator, ct al VS.. Ellen Presley ct
al, was argued by counsel Herbert
Parker and George S. Taft appeared
for the defendants, and the names of
Frank p. Goulding, Charles M. Thayer
and Causten Browne were on the
docket as counsel for the plaintiff.
The case of the commonwealth VS..
Jones raises an interesting question as
to what is the right construction of
the statute regarding what is known as
the fraudulent evasion of fare. The
statute reads ''Whoever fraudulently
evades or attempts to evade the pay
ment of a toll or fare lawfully estab-
lished by railroad corporation Cor
railway company either by giving a
false answer to the collector of the
toll or fare or by travelling beyond the
point to which he has paid the same,
or by leaving the train or car without
having paid the toll or fare established
for the distance Travelled, or otherwise,
shall forfeit not less than five dollars
nor more than twenty dollars. Who
ever does not on demand first pay such
toll or fare shall not be entitled to be
transported any distance (and may be
elected from a street carr, but no per
son shall be removed from a car of a
steam railroad corporation except as
provided in section IS, chapter 1903, nor
from a train except at a regular pas
senger station.
According to the facts as stated in
the defendants brief, Fred A. Jones
got on car of the Consolidated road
and rendered his fare, asking at the
same time a transfer to another line.
The conductor refused to give the
transfer until the passenger had
reached a given point where conductors
gave out the transfers, and Jones got
on the other car and paid his fare
there The lower court ruled that the
defendants refusal to pay his fare ex-
cept a transfer were given constituted
a fraudulent evasion under the statute.
The question of the construction of the
statute was raised in the appeal to the
supreme court. The counsel for the
defendant, William A. Gle, commended
that the statute did not make the mere
refusal to pay fare a fraud, but that
the statute by its terms involves the
intent of moral wrong.
1t is expected that the remainder of
the cases to be argued will be disposed
of today, and that adjournment will be
taken this afternoon.
Judge Lathrop may remain few
days to hear what cases can be dis
posed of by a single justice.
Attachments filed yesterday: Edward
A. Cowee of West Boylston VS.. An
drew R. Nelson in an action of con-
tract on a promissory note. The ad
damnum is $780, The writ was served
by Constable Richardson. and H. s.
Haskell appears for the plaintiff.
Peter Anderson VS.. Andrew r. Nell
son, in an action of contract, with ad
damnum $780, NJ. M. Taylor appears
for the plaintiff.
Charles. O'Neill VS.. James Turmy of
Brookfleld, in an action of tort, ad dam
mum $500.
In the registry of probate, yester
day, petition was filed by Winnie
Whipple, praying for separate support
from her husband, Frederick W. Whip
pie, Jr., of Webster.
The appearance of E. M. Evans Of
Clinton has been entered in the mat
ter of the estate of Mary Evans.
There is also appearance of counsel
entered in the matter of the estate of
Nancy Gleason. John r. Thayer Will
appear for Joseph H. McIntire.
The Wills of Daniel Grove of Royal
ston, A. F. Blood of Bolton and Michael
Phelan of Worcester were offered in
probate, with no public requests.
There will be a contest over the pos
session of minor child by the parents,
Edward Perkins and Lottie A. Per-
kins, and George r. Warfleld has en-
tered his appearance as counsel for the
father, who claims that the wife has
deserted him, and for this cause has no
claim to the child.
In the probate court yesterday, the
following were allowed:
Wills allowed-Of Annie III. Bemis of
Spencer. with no public bequestss Isaac
w. Adams of Spencer, Samuel Page
of Winchendon, Samuel S. Pratt of
Charlton, George A. Schmidt of Wor-
cester
Appointment of Evangeline E. Flint
administrator of the estate of Sarah
n. Eoillllit VI appointment
of Charles F. Abbott, administrator of
the estate of George Kinsman of Tenn
pleton; appointment Of Antoine Godell,
administrator of the estate of Isaac Go
dere of Gardner; appointment of Will
liam N. Hoyt as guardian of James A.
G. Hoyt ct al. of Hardwick.
The first and final account of James
N F. Quinlan, administrator of the es-
tate of James n. Lynch, of Warren:
ninth accnunt of Augustl,s TnWnsend