The Providence news. (Providence [R.I.]) 1891-1906, 1894-05-22
CONVICT'S RIGHTS.
R. !. Supreme Court Decides He Can
Contest Probate of Wife's Will.

The Supreme Court decides that con-
vict has, in spite of his imprisonment, the
right to take an appeal from probate
Of his wife's will and that
he has an interest In the intes-
tate personality OF his wife even
interest entities him to contest the
validity OF the will. This decision
interesting opinion handed down
in the appellate division today in
the case OF George N. Kenyon VS.. Will
liam q. Saunders ct al. In March,
1888 Kenyon was sen 20 10
Five months later his wife, Susan &. Ken
yon died, leaving will from the probate
of which the convict husband appealed.
The executors, William q. Saunders ct al.
opposed, and the case was heard
In the common co0nE pleas where diy, tbe
appeal was dismissed for the reason That
the appellant was a convict and incapaci-
tated to administer or to give bond.
The appellate division decides differ
emily, says that "a convict Is not civilly
dead" and that the appeal was erron-
eously dismissed.
Two Separations.
Before Judge Tillinghast this morning
Halina NJ. Reynolds petitioned for di-
vorce from her husband, Charles 8. Rey-
noids, on; the ground of non-sup-
granted decree nisi, and Agnes l..
Plummer asked for the same thing, in
regard to her husband, G. g. Plummer on
the ground of non support and also re-
ceived decree nisi.
The Washington County case of peleg
Brown VS.. Charles III. Armstrong ct al,
was heard in the Appellate Division, and
David S. Baker, Jr., appointed receiver.
A Plaintiffs Mistake.
A month ago Bridget Crowley sued
Richard Burke and his wife in the COM
mon pleas division for stealing $135 from
her. The plaintiff had not previously
brought any criminal action against de-
fendant in the case, and consequently
the court ruled that she had no remedy in
a civil suit, giving verdict for the dc.
fendant. The case was appealed and heard
in the appellate division on plaintiffs pc
tition for new trial. The petition is de-
MED and dismissed.
In sixth District Court.
In the Sixth District Court this morn
ing Thomas Buntley, charged with an
assault on Eliza Martin, pleaded not
guilty and was held for trial May %.
William r. Brown was fined S5 and
costs for playing ball on the streets.
John Cannon was bound over to the
grand jury for an assault on James Nc
Kenna.
Alexander p. wardwell, insane, was or
dered committed to the State Asylum.
An Officer Sued.
Officer John ]. Carey OF Station is de-
fendant i'm a suit, now on trial before
Judge Rogers, brought by Matthew
nfnrnnolI RI rocovar SpSS
According to the testimony the plain
tiff formerly drank more than was good
for him and on the morning OF March
16, 1892 had an attack of tremens on Hope
street and his particular mania was TO
disregard the value of money which he
happened to be plentifully supplied with.
He threw 5000 away i'm the gutter, tl5
in coin and the rest IN bills. Officer Carey
saw the act and took both O'Donnell and
his despised wealth In charge. His defense
is thst, assisted by two others, he
carried O'Donnell to his shop and gave
him the whole amount OF his money.
Now O'Donnell, who claims TO
have reformed in the meantime,
declares that the officer returned only the
fifteen dollars in silver. II. w. Burbank,
attorney for plaintiff, has brought a civil
suit: Lawyer West, who Is associated
with J. G. Quinn in the defense
objected to the form on the ground that
according TO the Oetlarhtlon IL Wtr lhI-
ceny which his client is charged with.
The objection was ovcrruled.
The Jury in the case OF Michael Nogel
vs.. Owen McAulliffe. returned verdict
late yesterday afternoon of $500 for plain
tiff. The amount demanded was 5000.
Pierre Audette, formerly mem
Der OF the Cercle Litteraire, Cana
diem Franchise, sued that organ
iyation for $40 which he claimed
was due him for sick benefits. The case
was tried today before Judge Wilbur and
Jury and with the assistance OF an inter-
prefer. Pierre lost the case.
Bridget McSwegg i'm has sued John T.
Mccormick, administrator, for s104, as
compensation for services and money
loaned. The case In on trial this after
noon before Judge Wilbur.
Docket for May 23.
Common Pleas Division.l
70l3. William Baldwin eft nx. VI. Owen
Kelly. Attorneys--J. M. Brennan A. r.
De V. O'Connor for plaintiff, George j
West for defendant.
1858. Forest City National Bank vs.
Harris Engfne Company. httorneys==