Norwich bulletin., 1919-10-08

When the superior court reconvened Tuesday the case of Alfred l.. DoWer and William Dover appellants against Robert Earl Dower, ct all, executors was called This IS an appeal rom .na admission Of the will of Alfred Dower, of Westerly, who died in a Providence hospital. May ], 1919. He left an es- tate valued at about 3l2,o00. The appel lees are bringing appeal through their ground of undue influence and the in ca apacity of Alfred Dower to make a will. The bulk Of the estate is left to Mrs. Richard Dover, sister -in- John NJ. Dunn are counsel for ap- pellants A jury was enpanelled and after the testimony of the witnesses or the will, Herbert W Rathbun and Miss Edith Rathbun. Judge Barrows order ed verdict in favor of the will. This This action is preliminary to the real trial and esta blishes the identity of the will that was submitted to the court by Everett E. Whfpple. clerk or the probate court.
 The first case called for trial was Mayer Narva against Albert F. Jean erette in a charge of assault and bat tery. A jury was enpaneled and com posed follows: William D. Burke, Joshua Robinson. of Westerly: Ar thur L. Burdick Frank Francis. North Kingston: William F. Miller, Charles town, Frank F. woodnoansae, Andrew T. Searle. Andrew T. Smith. Exeter William J. Brophy.- Richmond; Hoxie c Niless Earl H. Perrin ~1-kinton; Owen P McNally. Narragansett.
 This is an action in which the plain tiff seeks to recover 5000 for injuries resulting from assaults committed on March 1a and 2o, .Teanerette had a part Of the store to Narva- The plaintiff alleges that there was dis pute over an electric light bill which ne declined to pay as the lights went with the store rented. In the course of the argument Jesnerette struck Narva and bv reason of the assault, Narva visited physician and en- dured pain and suffering for which he is entitled to damages
 Narvs told the story in detail He said that On the first occa sion when Jeanerette pushed him and shook him once, he ran away and went 70 me doctor. The following morning lean nerette took hold of him held him hy the shoulders and hands. He said he could not say anything but he did call for help. Narva testified that he received two slight cuts on the face, hut did not know whether Jeanerette hit or scratched him He said his face pained him for a month and that he was nervous for a month after the assault
 After arguments by Harry R. Agard for the uefenGant ana .|Onn J. Dunn TOT pIa intiff, Judge Barrows occupied four minutes in his charee to the jury After deliheratinr ten minutes the jurors brought in verdict for the plaintiff and awarded the munificent sum of 5.
 . The next case called for trial at 3.30 Tuesday afternoon was that of J, Irving Maxson against Harriet $. E. Babcock and Rouse Babcock. exeeu- tors Of the estate of Captain H. Ho- bart Babcock. The jury enpaneled for the trial Of the case follows: FredS orick Bruckner. Jr.. Raymond K. Gould, Patrick H. Morrison. Wayland A. Saunders. of Westerly: John w Sher- man of North Kingston: Harold L. Hazard. James l.. Peckham, South Kingston Arthur P. Chase. Exeter. Harry Marshall. Alvah H Burdick. man. of Hopkinton; James A Smith, Narra gansett. John !. Dunn iscoun- sel for plaintiff ard Herbert ". Rath- bun and Samuel H. Davis for defend ant.
 This is an, action in which the plain tiff charges false representation and fraud in connection with the sale of a stea mboat line, with steamer Watch Hill between Stonington and Watch Hill. Tn June, 1915. concluded to make the purchase from Captain H. Ho- bart Babcock, now decea sed- The price agreed upon for the transfer was be- tween S11 GOO and SIP 900. The sale in cIuded the boat and wharf and rights of way in Stonington. It was repre- sented at the time of the purchase that the boat was in good condition when as a matter of fact at that very time the boat needed repairs. Babcock. ac- cording to Maxson, said the boat Ina q l,een inspected and that the inspectors declared the boat was good for thir- tv years service. It was represented that the sea son's receipts were from s3 o00 to s3,500 when there was no such income. It was represented that the right of way in Stonington was no feet wide when it is only thirty feet wide. and that the boat could be run on the daily trips on s or 40 gallons of gasolene a day when 45 and 50 was required Mir Maxso7 sues for when court adjourned to Wednesday morning at 10.3o.
 When Judge Edward Nj. Burke held q regular session Of theWesterly Pro bate court Tuesday afternoon. the will Of John Jenkins who died Sep tegnber 2. 1919 was admitted to pro- hate. After the payment of debts, the rest ard residue of his estate goes to his widow, Jeanette Buckingham genkins. The widow was confirmed a s Axecutrix of the estate. Bond $500. William Mitchell was appointed ap- praiser.
 The will of Stephen A. Congdon was also admitted to probate, after Mary A. Mitchell. Fred A. Congdnn. and Ed ward Congdon had signed warrant Of notice, which was approved by the court. After the payment of debts the rest and residue of the estate is bequeather to his son. Fredirck A Congdon who was confirmed as execu- tor. Bond 8 900. Eugene B. Pendle- ton was named appraiser. Mr Congdon died September g. 1919.
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