The Providence news. (Providence [R.I.]) 1891-1906, 1893-01-28
GROUND FOR NEW TRIAL
Petition of Capt. Kenyon Heard
Before the Supreme Court.
CONVICTED OF MANSLAUGHTER
For killing John McInnis at Stuart :
SNUFF Mills-Exceptions In "A Nuisance
Case Also Heard-Rescripts Handed
Down-EIwood Case Comes up Feb. II.

Inc petition OF capt. George n. Ken
yon, recently convicted OF manslaughter
in Washington county for the killing Of
John Mclnnis, for a new trial, was heard
In the Supreme Court this morning be
fore Chief Justice Matteson and Judges
T~iilinghast and Stiness.
Attorney George j. West appeared for
the captain and Attorney General Bur
bank for the state. Both sides had pre-
pared briefs in the case, setting forth the
grounds for their respective contentious,
and the authorities in support of their
positions
The petition for a new trial is based
mainly upon the following claims:
That the verdict of ~manslaughier was
against the evidence. In support Of this
the evidence of the captains child, where
in it appeared that he heard Mclnnis say
that he would kill the captain, and the
testimony showing that the captain had
been assaulted In the wheel pit, was r.
ferred TO, which it is held, goes to show
that the killing was In self-defence.
That certain rulings OF the the court
we're erroneous. The most important
point made in this claim is hat the tes-
timony OF Mrs. Kenyon was admitted
against the protest OF her husband, it
being held that the court was in error TO
permit the wife to testify except at the
call of the defendant. Another point
made under this head is the refusal of
the court TO allow the I'M reduction of
evidence to show hat McInuis had
threatened TO kill the captain at different
times.
That certain of the jurors were dis
qualified TO sit upon the case. The de-
tense claims that one of the jurors a
expressed an opinion hat the captain
was guilty.
The attorney general answers the
points made by the defense in his brief.
referring TO the first point he claims
that the plea of self-defense is not sus-
tanned by the testimony. The testimony
shows that there was loud talk in the mill.
but no signs Of violence. TIL defendant and
deceased both walked leisurely IRON mill
10 house, some distance apart. The de-
PENDANT did not lock the door of the
house AS he went in or even shut il. lie
went directly TO room where he kept his
gun and fired two shots, the first from
behind a curtain through which he could
only discern the figure of the deceased in
the door. In trout of the sitting room
door the defendant shot, with the second
shot, the deceased who was at the
threshold Of the sitting room door.
As 10 the ruIinps of the court alleged
to b. rroneOus, the attorney gem
eral cites authorities 10 show that
Wv ~ BASlt'fI - NV u va
the defendant to testify when she offered
herself as "A witness; also that the court
properly refused to admit evidence of
threats against the defendant made
before the homicide, unless the defendant
had knowledge OF them before then.
Regarding the third point of the de
Tense the state holds that a recogniz d
cause of challenge discovered TO exist
against Jurors after the verdict has been
rendered. does not entitle a party TO a
new trial.
Clara HulIs Exceptions,
The defendants exceptions in the case
against Clara Hull, convicted of keeping
n common nuisance, were heard i'm the
supreme court this morning. Franklin
l.. Owen appeared for the defendant and
argued his objections to questions allowed
as to the chastity of his client and To the
manner OF the attorney general in argu-
ing the case TO the jury. The matter was
held for advlsement.
other Matters.
The following receipts were handed
down:
William r. Johnson, ct ux., VS.. John
w. Atwood, ct al. The respondents
petition for a rehearing is granted.
Jose Pauline, ct al, We. the Portuguese
Beneficial Association. The defendants
demurrer is sustained.
The exceptions in the cases of George
Elwood, twice convicted Of burglary, and
Albert Fltzsimmons, convicted OF rape,
were set down for a hearing this morning,
but were continued to Feb. IL.
Court Of Common Pleas.
In the Court Of Common Pleas yester-
day afternoon, the jury assessed damages
in the case of Bazalice and Anestasia
Lambert against Emanuel Narcotic and
john Lambert at S676.26.
The case OF Max Nathanson VS.. Alex
auder {. Brownell was then heard. The
suit is brought for trespass. it being
claimed that the defendant allowed
water from his tenement to run
through the floor and damage
his stock OF clothing. The de-
PENDANT AYERS tuat ii was not his fault,
but that the waste main pipe had become
INSTRUCTED. which caused the flood. Yer
q C was rendered for the defendant.
In the case OF julius Lobenstein VS..
Bernard MCCulla, the defendant was
called and the case d~efaulted, and judy
ment rendered for the plaintif for S947 SO
and costs.
This morning several matters Of a for
NAL nature were heard before Judge
Rogers without "a jury.
Civil calendar for Monday: Declare
tious Il, 462 anu 6.O69. and civil appeal A.
315, assigned; and on the the general cal
endar. declarations 6,50s. 6.5i5. 6,5l6, COLI,
- - a 80 = go 80 go