The Providence news. (Providence [R.I.]) 1891-1906, 1893-02-11
a O'clock.
ELWOOD'S EXCEPTIONS
The Famous Burglary Case Heard
in the Supreme Court.
STETS0N GETS NO DIVORCE
Exceptions Also Heard I'm the Fitzsim-
mons Rape Case-The Case of the
Pswtucket License Comm issIoners-
Rescripts Handed Down.

Rescripts Handed Down.
The famous Elwood burglary case WI
rehearsed before Chief Justice Matte SO
md Judge Stiness and Tillinghast in th
Supreme Court this morning. The hea
ing was on the defendants exception
taken at the time of the last trial. at th
June term of the Court of Commo
Pleas.
The case was n very interesting one
both from the fact that the house burglar
lied was occupied by people OF hig
social standing, and that the man charged
with the crime was a notorious crimina
and a professional burglar.
On the night OF August 81, 1891, tn
residence of Charles B. Humphrey wa
entered, and a large number OF valuable
taken. A few weeks afterward the de
fendant was arrested while under treat
ment in the hospital at Worcester, Mass
suffering from two bullet wounds Upo.
his person were found articles of jewelr,
which were afterwards identified by Mr.
and Mrs. Humphrey.
Elwood was tried and convicted, the
case went upon exceptions and he ob.
tanned second trial at which he was
again convicted by the jury after long
deliberation. Notice OF exceptions was
given which were prepared and heard
this morning
Among the Irregularities claimed by
Mr.. Cannon, counsel for Elwood, to have
been allowed at the last trial are the fol-
lowing: The introduction of testimony
TO show by aliases that the defendant
was notorious criminal.
Testimony OF Mr.. Humphreys regard
Ing the collar button and diamonds
"A hal la al
identify them.
Testimony Of Walter Gardner relating
10 the position Of imperiections ia the
Humphrey diamonds after he had been
allowed to examine them.
The refusal of the court to allow the
defendant to Introduce other diamonds
similar to those in court.
Improper remarks made by the court
during the trial, derogatory to the de-
fendant.
The court heard the arguments of the
counsel, aud held the matter for advise
ment.
Fftzsimmons's Exceptions.
The petition of Albert Fitzsimmons for
a new trial was heard in the Supreme
Court this morning. Fitzsimmons was
convicted at the June term of the Court
of Common Pleas, in 1891. on an indict
ment charging him with burglary and
with an assault with an intent To com
nit rape. George j. West and T. j. Nc
Carthy appear az counsel in the defend
ants brlef, and state as their grounds for
the petition for new trial,-first.
that certain rulings of the court
were erroneous, and secondly, that
the verdict is against the evidence.
Under the head of erroneous rulings is
that overuling the motion of the defense
that the state be compelled to specjty
ha ind i.f
they would base their case. The indIct-
ment Joined burglary, n felony. for
which the least sentence Is five wears
with an attempt to commit rape. a mis-,
demeanor punishable by one years
sentence, Ihe defense cites authorities
to prove that such union is not allow
able.
Ihe verdict rendered was guilty. but IL
did not state OF which offense the de-
fendant was convicted. The Testimony
In tho case was also reviewed In support
OF the claim that the verdict was against
tne evidence. The matter was held for
ava
Pawtuckets License Board.
In response 10 the citation issued by
the Supreme Court week ago in The
matter of the petition of John III. Denabv
OF Pawtucket, for a writ of certiorari
against the license commissioners of Paw.
tucket. City Solicitor Barnfield of that |
city entered an appearance for the com
missioners this morning.. They will file |
their answer sometime before next |
Saturday.
Artist stetson Denied n Divorce.
The petition of Charles Walter Stetson |
ior n divorce from his wife, Charlotte
Perkins Stetson, which was heard at the
present term OF the Supreme Court was
ienied in rescript handed down by the
,ourt this morning. Mr. Stetson applied
or divorce on the ground of desertIon'
claiming that his wife was so thoroughly
ievoted TO the principles of Bellamy.
iress reform aud kindred pursuits thai
'he considered the marriage covenant of
secondary consequence.
The allegation in the petition is deser.
Ion Tor three years. The court thinks
hat the evidence is sufficient to sustain
he charge; but in cases where the nife
leserts the desertion must continue
or i've years before the PREPARING
4 the petition unless there is some
ther charge In the petition against her
Which would be n ground for divorce
nder our statute. The petition is there
ore denied and dismissed
Petition for Divorce.
The petition of Mary Griffith for a di-
orce from Engene c. Griffith was heard
q depositious this morning beforo
Judges Wilbur and Douglas The |
narges are adultery and extreme cruel
y. Testimony - introduced TO show
nat the respondent was in the
abit OF going TO the Buckley tavern and
leetlng woman named Alice b. Arnold.
smiliarly called Tom" lie on one oc
aston threatene1 20 shoot his wife. mil.
1g revolver from his pocket and point.
* 10 Mt her. lie slapped her face and ,
iacksned her eye, aud when she said sbe {
'ould have hun arrested. he threw her :
own and choked her. lie often threw
lshes and other articles at her. Messrs
ouer..
To hestrain From Teaching French.
a case little out oil the ordinary run
as ventilated In the Supreme Court
us morning the matter bsing peti-
on for an Injunction 20 restrain Julss
'uerat from teaching the French Ian.
lage in Providence. Pawtucket and
risiol. Tue hearing was on tbs
sDOndeuf's demurrer Tho ,...f.f ,