Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1892-05-09
BOTH BOUND OVER.
Black and McEIroy
Probably Guilty
TODAY OF CRIMINAL LIBEL.
Sharp Passages Between Witnesses
and Counsel in O'Reilly's Case.

This morning in the district court the
case Of Frank O'Reilly against David o.
Black and Thomas II. McElroy of the
Evening Times, for criminal libel, came
up for trial before Judge Shove. I. W.
Robinson appeared for the prosecution
and j. Ostield, Jr., for the defense.
Mr.. O'Reilly testified that he was serv-
ing his second term as a member of the
Board Of Aldermen; that he had served
four years in the Common Council, and
was now member of the Committee on
Police of the Board OF Aldermen.
He said the Evening Times was public
newspaper owned by ID. O. Black and
Thomas II. McElroy.
Mr.. Robinson-Did they often refer to
YOU as a "jabbernowl?'
Mr.. Osfleld objected and the objection
was sustained by the Court as the COM
plant was based on a certain date, April
2lst
Mr.. O'Reilly said he had read the arti-
Gle; that the words 'jabbernowl," "spy"
and "informer" referred TO him; that
many had asked about it OH the streets,
and that his family, some OF whom arc
sick, were greatly disturbed.
Mr.. O'Reilly told how on the morning
OF April 20 he saw Officer Taber leave his
beat and go to the station, and he saw
Niekerson and Tompkins go home before
Q a. m. The reason why he was on the
street SO early was that he had work to do
in his store. He caused the officers to be
suspended and was called "spy" and
"informer," and "jabbernowl."
Court-What is "jabbernowl?'
Mr.. Robinson-A "jabbernowl" is, ac-
cording to Webster, blockhead-a stupid
fellow.
Mr.. Osiield then took the witness in
hand and asked:
"Was it an accident for you to go to
the police station?"
Witness-No, sir; il was an accident TO
lind Taber off his beat Then went to
the station.
Mr.. Osfield-When you went to the
police station were you not spying?
Witness-No, sir; was performing my
sworn duty as member of the Commit
tee on Police
Mr.. Osfeld-Do you know a man named
Bernard McQueeney?
Witness-Yes, sir.
Mr. Robinson objected.
The Court asked Mr.. Osfield what he
intended to prove.
Mr.. Osfeld said be intended to show
that Mr.. o. Reilly's character was not as
good as he thinks il is, or as good as any
body else thinks IL is.
Mr.. Robinson said that would be all
right in civil case when the amount
OF damage had TO be fixed.
Mr.. Osfeld went on to say that Nc
Queeney stole frames from the graves in
the Bishops cemetery and sold them 20
O'Reilly some years ago.
Mr.. Robinson read an affidavit signed
by McQueeney, and witnessed, stating
that he (McQueeney) was enticed into
Osiield's Office one evening while drunk
and made statement before James l..
Banigan OF which he remembered nothing
and that he never had any dealings with
Mr.. O'Reilly.
Mr.. 0sfield did not put McQueeney on
the stand.
beOrBe M, lex ana T.. T.. trecnSlltt tcS-
titled that they read the article and that,
in their opinion, it referred to Mr..
O'Reilly.
His Honor Mayor Carroll took the stand.
lie had read the article and said it was
unqualifiedly false. lie had never ordered
O'Reilly to watch the police and knew
nothing Of II until O'Reilly reported to
him.
Mr.. Osfeld-What is a ''swashbuck lerln
The Mayor-A "swashbuckler" is the
man that calls another that name--you
for instance, or Mr.. McElroy.
This closed the case for the prosecution.
For the defense Mr.. McElroy testified
that he wrote the article and that no NAL
ice was intended.
This closed the case and both counsel
submitted without argument.
The court said that papers OF different
faith were continually after men of the
opposite party who held Office, but in this
case he thought ii appeared that there
was little vindictiveness shown.
He held both defendants for the June
term OF the Court OF Common Pleas.