Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1855-09-13
SUPREME COURT-NEwPoR County


Thursday and The morning OF Friday in the
trial of the petition of Thomas Reid vs..
Eliza Reid for divorce, and that of Eliza
vs.. Thomas for separate maintenance.--
The evidence and arguments were directed
mainly to one allegation in the petition Of
the husband. Had the parties whose sry-
ings and doings were the subject of in
quiry and discussion been of the class mil
lionare, and not, as the fact was, factory
boarding house keeper and wife, of about
40 years Of age, and young Hbernian, a
boarder, of some % years, the trial would
doubtless have been deemed worthy
photographic report by some of those
metropolitan editors who favored us with
all the details Of the Forrest trial year or
two since. For the husband appear
Messrs. Sheffield and Potter, for the wife,
Messrs. Cranston g. Son aud Mr.. Ames.
The cases were taken for advsement on
Friday noon, and on Saturday the Court
ordered the case of the husband to be en-
tered continued nis, and thai of the wife
continued absolutely. lnference-that The
husbands petition will be disposed of in
the course of the term.
The full Court on Friday afternoon pro-
ceeded to dispose of the criminal business
of the term.
From tho Attorney General for the
government, and from Mr.. Sheffield for
the defendant the Courtheard statement Of
the facts upon which the Indictment
against Charles Hunter for an assault up.
on Henry p. Beck was founded, and on
Saturday noon imposed sentence Of 800
and costs, (total $l26 67,) for which de-
fendant passed his check to tho clerk,
and went his way. An action in the Crit
cult Court for damages, it was stated, has
been Instituted by Mr.. Beck.
The Attorney General noll pros'd an
indictment again one Robert Gray, who
was year or two ago convicted OF OBJ
structing field driver in the discharge of
his duty, and who had filed petition for
new trial, upon the ground that since his
trial it had been ascertained that the stat
ute book contained law requiring tha-
field drivers be elected by town councils,
whereas the driver whom he obstructed had
been elected by the voters in town meet
ing. Sheffield for defendent.
In the matter State vs. William Glen.
non, the Court overrulcd the motion in
arrest of jndgmcn, filed by Van Zandt for
defendant. The ground o. the motion
were two--lst, that the complaint was
made by a city constable Of Newport, and
%, that the complainant omitted, in sign.
ing the complaint, to afix his official
designation to his name.
In State vs.. James Hayes, Sheffield for
defendant had filed exceptions to the rul-
ing of the Common Pleas Judge On the
trial ofa liquor case, appealed from JUS
ticc's court. In the Common Pleas he
had moved to quash the warrant because
the allegation therein was simply tha:
without authority so 10 do under the act
enitled," &c, the defendant sold liquor;
which motion Justice Shearman over-rulcd
Furthermore, Justice s. permitted a certi-
fcate to pass as evidence Of the Gem
plainants's right to make complaints uu!er
rhe existing statute, although on its face
it showed that he was appointed to complain
of violations uudsr the first Maine law;
that is to say, the words 'morc effectual''
were not a part OF the act, as recited in the
certificate. Excepting to these rulings
new trial was asked. Continued for ad.
visemcnt.
In the matter State VS.. Robert S. Barker
motion in arrest of Judgment filed by
VIM. III. Cranston, was partial y heard
A motion fora new trail, upon the ground
that the verdict was against evidence, had
also been filed. This The petitioner was
to try, because no authentic re-
port of the evidence could be furnished in
the absence of the Attorney General of last
year,-and both motions were continued -
Tho ground of the motion in arrest of judg-
mcnt was, that the indictment alleges sim
ply that the defendant was not an agent of
the tO1on of Newport.
The criminal docket disposed of, the
case of James IL Clark vs.. s. w. Macy
Ell al was taken up, Sheffield for plaintiff,
Ames for defendants. The action wa
trespass for injury to the gre wing crops of
plaintiff 1t was brought in the Court of
Common Pleas, and therein tried before
Justice Staples /; ;al now by appeal comes
to this court, where by agreement it is
submitted to the court, upon both fact and
'av, Justices Brayton and Bosworth only
suing. The defendants constituted the
town council o! Newport in 1851 2, and as
such ordered certain highway to be laid
out and opened. This highway passed
over a lot OF land, owned by one Hazard,
but occnpicd and improved by the plaintiff
under a parole lease. Hazard, the owner
in fec Of the land, was duly notified and
heard by the council and damages ava rded
him but Clark, the plaintiff, was not for
maly cited, nor, indeed, recognized by the
council as in any sense an Eowner. Plain
tiff claims that he has sustained injury to
the amount OF 800, and that as the pro-
ceedngs of the council are void as TO him,