Norwich bulletin., 1915-03-09

Kenyon in an appeal from the Hop kinton probate court was called for
 for the removal of Kenyon as admin istrator of the estate of Moses Hart and named Louis F. Hart, brother of the deceased. to succeed Kenyon. Immediately after opening Of the court Judge Edward M. Burke, coun- ! sel for Kenyon, made motion for the dismissal of the case, as there was no l specific allegation in the complaint, and that the probate court had de | clined to order the issue of a bill of
 particulars at the time of hearing in l that court. In the petition for re- | moval it was stated by Judge Burke, 1 that there was refusal to specify l when, where and how the admins trator had or was wasting the estate. 1 The case comes to the superior court l just as it came to the probate court, l there reason being given that no in 1 Ventorv had been filed, but as there is | no definite allegation, there can be | no amendment at this time therefore
 the case ought to be dismissed. Judge l Burke claimed that the petition is void | as no facts are stated, that there was I refusal to grant a motion for bill of particulars, and no statement was
 made where there was any waste of I the estate on the part of the admin l instrator There were no allegations | no evidence, and not a fair and impar- 1 tial trial in the probate court. and l there could be none in the superior 1 court, as the conditions are exactly l the same Judge Burke submitted l several decisions of the supreme court | of the state in substantiation of his 1 claims, setting forth reasons for dis | miSSal. He said he was not even ac- 1 quainted with any charges that were | liable to be sprung if the case pro- 1 ceeded, and he was entitled to know 1 them in detail. He might be at 1 tackled by airship and submarine, so ! to speak. and left entirely to the mer
 cy of the court, and that would be | contrary to law and legal warfare. l Attorney Archambault, counsel for | petitioner, said the petition was drawn | in the language of the statute and | should be given place in court He
 admitted that motion for bill of par | ticularS was filed in the probate court | and denied Hopkinton is about ten
 miles from a railway station and on | the day the petitioner proposed to l fight for the removal. the bill of par l ticulars was asked for and could not | be furnished at that time. Kenyon,
 through his learned counsel, had five
 months in which to renew application | for a bill of particulars. As a mat | ter of fact the administrator is the l only one who knows all the particu- lars, and all the information the ap- l pel1ants can get is from the records.
 It was learned that there was per- l sonal property to the amount of $1 POO and real estate valued at $1,000. and l that the administrator had stated that 1 he had no money belonging to the es- l tate, although some of the property had been sold for $500. The petition 1 CT for the removal of Kenyon could
 only state in the what he knew.
 1 Judge Barrows said that new ques- tions at law had been raised that were not free from doubt, but he believed 1t to be his duty to grant the motion for dismissal of the case. Mr Arch | ambault gave notice of intention to 1 appeal to the supreme court
 | Court then adjourned to 10.30 Tues
 day morning.
 Late Saturday night Chief Of Po- 1 lice Brown was called to District No. l to remove from that section of the
 town John West, alias John Austin, | of unsavory reputation. While there the chief learned that West was want 1 ed for a serious charge. The local police traced the fellow and he was l taken into custody late Sunday after
 noon by Police Sergeant West. John R. Wilcox, sheriff for Washington
 county, made complaint against John West, charging him with assault with intent to ravish Abbie E. Fitzgerald. of l Matunc, on February 20, and he was held on that charge.
 Sheriff Wilcox took West into GUS tody Monday morning and he will be l arraigned before Judge Nathan B. Lewis in the Second district court. The sheriff arrested West about a year ago for a, like offense committed at Shamrock and he was sentenced to a term in the Providence county jail. --~
 l The funeral of Joseph Turano was
 held Monday with solemn high mass of requiem in the Church of the Im- maculate Conception, Rev. Father Kel- lady being celebrant, and Rev. Father
 
 deacon, respectively. The church was filled during the service. Burial was
 in St. Michaels cemetery and the fu-
 neral cortege was one of the largest
 in Westerly in many years. Every available public conveyance in Wester- }, ly and Stonington was engaged and
 in addition there were marching bodies composed of the Rhode Island Ones delegation of Knights of Pythias and
 the Italian societies.
 | Nearly every member of the Wes-
 terIy Ministerial association attended
 the regular monthly meeting held Monday in the Memorial and Library
 building. An interesting paper was read by Rev. John G. Dutton of the Broad Street Christian church. entitled Study, with Comments, of the Un- irecorded Life of Jesus. The paper was followed with a talk by Rev. Madison EC. Peters, of New York, on the Reli- gious Training of Italian Children ir New York City Today. Monday eve ming Rev. MT. Peters delivered a lec- l ture in Calvary Baptist church the
 subject being How to Be Happy Though Married.
 Albert Avery Peckham, 71. whose
 funeral took place from his home ir
 Charlestcwn, Sunday, was a descend
 ant of the Wauregan tribe of Indians
 being a. son of Luther Pecl1ham ano Eliza Robinson Peckham and was borr ! in Norwich. His mother was of the l Narragansett Indians. Mir. Peckhan served in the Civil war with the Thir-
 ty-frst Connecticut infantry, enlist
 ing in Ledyard and going to the front
 in Captain Robinsons company. He !, AFTER GRIPPE