The Providence news. (Providence [R.I.]) 1891-1906, 1892-12-06
{. D. M'HENRY is SICK.
The Court Of Common Pleas Empan-
ellis Grand Jury To-day,
THE PETIT JURORS EXAMINED.
McHenry's Counsel Presents An Afidavit
from New York Physician That He
Is Too Sick {" Iravel-Ths Other Side
Objects to n Continuance.

Jury was examined and empanelled be-
fore Judge Wilbur as follows:
robert Northam. foreman, Providence:
Henry w. Salisbury, East Providence :
Walter NJ. King. North Providence /:
Eleazer S. Congdon, Cranston: Benia.
min Boss, Johnston George +. Rey-
nolds, Smithfeld Charles w. CIough,
fawtucket; Thomas Cobain, Lin
Henry p. w. Hill. Scituate: Philip Cur,
tbs, Foster; Herbert NJ Wilson. Burril-
vile; Fred ;. Place, Glocester. Philip
Farley, drawn from North Smithfield.
ana Joseph A. LaSalle, drawn from
,Woonsocket. were excused. aud the fol-
lowing drawn on venire to fill their
places Daniel >. Ray, East Providence
ana George n. Kingsley, Providence.
Inc jury then received their instruc-
tons from Judge Wilbur, after which
Iney adjourned to the jury room to cosl-
81 er the case TO be presented TO them
The number of cases TO come before the
grand jury this term is seventy-three the
causes for complaint being as follows.
Murder, 2; robbSry. 1; forgery, 4; as
sault with intent To ravish, 1; larcenv
from person, .; embezzlement, 3; larceny.
D; breaking and entering, ID. assault. &:
assault with dangerous weapon, IL; illegal
voting, 1; perjury, /: burglary. 1; bigamy.
/; false pretenses in writing; illegal eras.
ance, 13.
or these persons who are awaiting the
action OF the grand jury, fifty-one are
now In Jail, among whom arc Matteo Lam
III, charged with the murder of his wife.
and Thomas Smith, charged with high
way robbery. Wilfred Lawson, who
was committed for the accidental killing
OF ms wite In Central Falls, was released
on Dali 0y order OF the Supreme Court
The petit jurors of the first class were
examined before Judge Rogers Many
OF them were excused for the term. and
a few excused for two weeks. Those
examined aud accepted are as
follows:
Providence, Silas A. Mowry, John w.
Beham, George w. Hayward, Hugh
O'Donnell; East Providence, Albert G.
Kice; North Providence. Henry X
Hill; Cranston. jeremiah p Bates:
Johnston, Nicholas Ms~!Ss, Frederick J
Walsh Smithfield, Richard w.
North Smithied. Henry Aldrich'
M.llard A. Nicholas; Pawtucket. Joseph
ID. Billington, Joseph A. Brown, Herbert
B. Davis; Lincoln. John Cook, James
Hacking, William Wood, Walter Birden:
Sumberland, David .. Cargill, John A.
7. Buregard; Scituate, Henry A. Lawtou.
Elisha A. Waterman, Alton j. Hill:
Foster Alfred II. Wells, Augustus III
Cutler; Burriilviile, Albert s. Greene.
Glocester, William q. Steere, Edward s.
Cook. -.
McHenry's Case. 49, 49,
The case brought by George Bassett
against Detective Edwin ID. McHenry IN
an action of trover and conversion for
the recovery of $500 worth of diamonds
was then called up, being on the CALENDAR
in v,nn. ~ u, m.
appeared for McHenry, and moved thhE
the case be continued, on the ground u
the illness OF his client. Mr. Fitch ~
Wood d Fitch objected to further con
tinuance OF the case. He said the case
had been continued from term to term on
various pretexts, once because tue wife of
1cHenry, an important witness, was
sick, and again it was passed because no
one was present to defend the case. By
\ most strenuous application of the rules
ON the part OF the defence the case was
pu: over to the present term, 10 be as
signed for trial on the first day of the
term.
MIR. Brown called attention to the fact
that the plaintiff had been non-suited at
)ne trial. and the case had been brought
. second time. AT the September term
ne ana his witnesses were at the court
house all day; but the docket was full.
md counsel for the plaintin himself
Iurther said that he could not anticipate
,he sickness OF his client. and then read
,he following afiidaviJ from New York
physicians:
)uv and County Of Nelc York:
Solomon Golden Kanz, being duly sworn,
ays:
| am practicing physician in good stand
attending professionally Edwin d. McHenry,
tsq.,. VINO is now suffering from nervous ex-
lnsaf5 for Mr.. McHenry to undertake any
Quincy for at least two or three months Ii
would be necessary for him to abstain from
xcitement or anything that will tend to be
Deponent further says that IL the said
,lcHenry undertook any journey or went
through any excitement it would cause such
reat injury to his nervous system that il
would incapaciate him from doing any kind
4 work forever.
(Signcd) =. GOLDEN KASz
Sworn 20 before me. December 8. 1892.
tSgneD A. L. kALMAN, Notary Public.
Mr.. Fitch then examined the docu-
nent. aud called attention that there
vas nothing To prove that the person
Who made the affidavit was practicing
'hysician, except his own statement
lie said he didn't understand that the
ules of the court were such a person
ould leave the jurisdiction of the court
within three days of the day the case
% TO another state ana from there send
to the effect that ne could not
eturn on account OF sickness, Mr..
itch said he could prove that McHenry
ias here either Friday or Saturday, aud
ad taken his goods and got out OF the
nrisdiction OF the court.
The court asked Mr.. Brown il he Ques-
oned the statement that McHenry had
cen in the CITY within three days, and he
aid he did. He claimed to have received
letter from Mci1enry. dated either
iednesday or Thursday, from New
ork.
Mr.. Fitch stated that he was informed
nat McIienry was mt the Borden hearing
Fall River Friday
The court looked at the Doctors
1idavit and decided that it appeared
,gular on the face of IL. but did not con-
der it proper to continue the case ON the
rength OF IL, as its genuineness was
iestioned. The proper way was TO pass
le case and have It open for a hearing on
lis question at as early day ss con-
,nient. The assignment for to-day was
,rurtiingly taken ofl
The petit jurors were then excused
A