The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-01
THE FULL BENCH
OPENED COURT
Chief Justice Holmes and His
Associates of the Supreme
Court Meet to Consider Dock
ct of Forty-five Cases
ROBES WORN FOR THE
FIRST TIME IN COUNTY

OUIlIpolIy tIiC VIhy OliS NJ SHSN
All Others Submitted to the
Court on Briefs
The September sitting of the full
bench of the Supreme Judicial Court
for Worcester County was opened at
the Court House yesterday morning,
With As cases on the docket. There
were present Chief Justice oliver Wen
dell Holmes and Justices Lathrop,
Knowlton, Morton and Barker, all of
whom wore their black silk robes for
the first time in this county. The Wor-
cester County bar was represented by
about so attorneys.
The opening prayer was offered by
Rev. DR.. Willard Scott, pastor of Pied
mont Church, and the docket was then
called Nearly all the cases were sub
mitted on briefs, only those affected by
the recent death of Frank P. Goulding
or the present Illness of the attorneys
going over to be submitted on briefs
or argued in Boston.
The only case argued before the court
yesterday was that of John G. Speirs
VS.. the Union Drop Forge Company OF
Chicago, John C. Howard making the
argument for the defendant and Frank
B. Smith for the plaintiff.
This is an action to recover damages
for breach of a written contract. At a
former hearing, the Supreme Court
held the contract to be binding upon
the defendant and the case was re-
ferred to an assessor, who assessed the
plaintiffs damages. The case came to
be heard before Judge Gaskill at the
June jury waived session of 1901, on
the defendants exception to the as
SCISSORS report, which found for plant
iff in the sum of $14, 694. The court
overruled the defendants exceptions
and objections and made pro forma
order sustaining the assessors report.
If the Supreme Court is of the opinion
that said pro forma order was correct,
then a judgment is to be entered upon
such finding, otherwise said order is
to be set aside and such entry of judg-
ment made as appears to be just to the
Supreme Court. Hopkins, Smith &
Hopkins for the plaintiff; Rice, King
& Rice and ]. c, Howard for defend
ant.
The following cases were submitted
on BRIEFS
Commonwealth VS.. Oscar w. Nelson,
alias Ludwig Weidergren, alias Carl
Weidergren. This case is brought up
on the defendants exceptions. Nelson
was tried and convicted and sentenced
to State Prison for life for the murder
of Gustaf A. Erickson, Nov. 10, 1900.
During the trial of the case, the court
excluded certain questions and an
swers put to witnesses to bring out, II
possible, that somebody other than
Nelson committed the murder. The
counsel for defence excepted to the rul-
ings of the court, and the case Is be-
fore the Supreme Court on these ex-
ceptions. Sullivan & O'Connel for de-
PENDANT.
Louie S. Miller VS.. City of Fitchburg.
This was an action brought by the
collector of taxes of Westminster to
recover the amount of a tax assessed
by the assessors of said town in 1899
upon certain real property situated in
the town and belonging to the defend
ant. The case was heard before Judge
William B. Stevens at the jury-waived
sitting of the court in June. The case
was submitted on an agreement of
facts and both parties, reserving all
their rights, agreed that a pro forma
decision for the defendant might be
entered. Thereupon the court decided
that plaintiff could not recover, and af-
ter decision reports the case to the Su-
preme Court for its determination. If
the plaintiff is entitled to recover,
judgment is to be entered for $3.50,
with interest from Oct. l. 1899. James
A. Stiles for plaintiff w. P. Hall for
defendant.
Alden N. Sears VS. mayor and alder
men of Worcester. This was petition
for writ of certiorari heard before
Chief Justice Holmes at the April sit
ting Of the Supreme Court in this city.
The original petition was brought to
have the aldermen certify their record
relating to the relocation of West
Boylston Street, on which Sears owns
property on which street betterments
We're levied. The case came before
Judge Holmes on the defendants de-
murrer. He ruled the demurrer was
bad in form and also in substance, in
asmuch as 1t was to the whole petit
ton. and as en- the face of the petit
ton and apart from the record of pro-
ceedings, the first ground of error did
not appear to be i'll taken. The petit
toner wished to offer evidence that
West Boylston Street was not substan-
tiallycompleted, but he ruled that in
this proceeding he could not go behind
the record set out in answer. He also
ruled that the assessment was levied
in time and that it was not void be-
cause 1t excluded one-half Of the ad-
judged benefit in the case specified by
one-half of one cent, and ordered the
petition dismissed. The petitioners ex-
cepted to his rulings and at their re-
quest he reports the case to the full
court. Wood & Wood for petitioner;
A. p. Rugg for respondent.
John Kerslake ct ais, VS.. Alice S.
Cummings, admrx., and Herbert H.
Robinson. This was a bill in equity to
prevent the transfer of property owned
in Fitchburg by Thomas May to the
estate of Marcellus w. Cummings
The property was sold at a tax sale in
Fitchburg and was mortgaged to sew
eral parties until it passed from H. H.
Robinson to Marcellus w. Cummings,
of whose estate Alice S. Cummings is
administrative. The plaintiff claimed
the time in which the property might
be redeemed had not expired before the
mortgages began to pass. Judge E. B.
Maynard of the Superior Court heard
the case and ordered the mortgage
cancelled as the tax deed conveyed no
title. The defendants appealed from
the decision. Baker & Hall and Chas.
S. Hayden for appellants, James A.
Stiles for plaintiff.
Canadian Religious Association VS..
Alexander Parmenter ct al. This case
has to do with the religious row in
North Brookfield and was heard before
Judge F. A Gaskill In June, 1901. and
reserved for the Supreme Court on the
bill, answer, masters report and ex-
ceptions of both parties. Henry z.
COttle for plaintiffs; Timothy Howard
for defendants.