The Providence news. (Providence [R.I.]) 1891-1906, 1894-11-09
HEARD IN COURT.
A Liquor Nuisance Case Develops a
Somewhat Novel Defence.


veloped somewhat novel defence
during its progress today before Mr..
Justice Wilbur in the Criminal Court.
The police officers had testified
to some rather damaging facts
concerning the defendant, bat when
the witnesses in his behalf were heard
they claimed that the defendant was sim
ply a member of an organization known
as the Narragansett Social Club, and that
this club had stocked its rooms with
drinkables Tor the benefit of its memb bers.
Judge testified be had paid an initiation
fee OF 81, aud that the club had been
running for two years. Another
man said that he was going to join the
club when the police made the raid. Be-
fore opening their case the
defendants counsel moved TO quash
the indictment on the ground that
that there was no allegation that the de-
fendant was the proprietor OF the alleged
nuisance. Judge Wilbur, however, de-
cided that 1t would be best TO let the case
go TO the jury.
The Italian, Fusco, was found guilty OF
maintaining nuisance by a common
pleas jury yesterday. Sentence was de-
ferred.
Civil Cases.
In the case of Lazarus Lipschitz against
the Union Railroad Company, he defend
ants counsel this morning moved for a
-
plainly evident from the testimony OF the
plaintiffs witnesses that LipschitZ
was guilty OF contributory negligence. 1t
was urged that the plaintiff saw the
approaching car long before IL reached
him, and that he must know that the
space between the curb and the car track
was too narrow for his team
TO pass without q collision, because
he had driven over Charles street
at that point for many years.
There was nothing in the plaintiffs testi-
muny to-show that the car wRs going at a
rapid speed, but on the contrary it must
have been proceeding slowly since after
1t struck the plaintiffs carriage,
the car stopped almost Immediately.
The car, it was urged. was bound
to follow the tracks and could not turn
out and therefore had the superior right
OF way. The plaintiff did not stop when
he saw that he was to meet the car or
turn to the opposite side OF the street.
Judge Rogers decided that there was
some doubt as TO the defendants contri-
butory negligence and refused the defend
ants request for non n-suit. The case
then proceeded with the dofendant's
witnesses on the stand who rted that
the car was practically sandstill
when the accident occurred aau that the
plaintiffs carriage ran into the electric
rather than the electric running into the
carriage.
common pleas division contesting the
will of Abbie l.. Atwood. The plaintiffs
are RosellR Owens and Sara j. Fitzpatrick
who bring action against J. +. Snow, ex-
ecutor OF he Will, claiming that he eXer-
cised undue influence over the testator
and induced her TO give him the bulk of
her property. III. {. Curtis and j. K.
Lonsdale are counsel for the plaintiff.
Before the appellate division the follow
ing uncontested divorce petitions were
heard today:
Emily M. Stoddard VS.. G. w. Stoddard.
The petitioner alleges desertion and nom
support. Decree granted nisi.
Elizabeth Elliott VS.. Charles Elliott.
The petitioner alleges dcsertion and nom
support. Decree granted nisi.
Louis p. Barolet VS.. Anna II. Barolet.
The petitioner alleges desertion, adultery
and continued drunkenness in the most
excessive form. Decree was granted nisi.
George II. Cooper, through his attorney,
George A. Littlefeld, has fled a suit in
the common pleas division against the
City of Pswtucket, alleging damages
TO the extent OF $1,000. The
allegation sets forth that the plaintiff
occupies a machine shop on Jenckes
avenue, which was flooded with rain
water through the negligence OF the de-
PENDANTS to furnish proper conduits to
carry IL of.
The following divorce petitions were
heard before Chief Justice Matteson and
granted nisi:
Bertha Martin VS.. Daniel Martin: alleged
non support ana continued drunkenness
alleged.
Hattie Hilton VS.. Parkman Hilton mon
support alleged.
Amelda S. Compton vs.. Harrison d.
Eempton; non-support alleged.
Clara j. p. Phetteplace VS.. Frank 8.
Phetteplace; cruelty and non support al
legged.
Catherine Porter VS.. George f. Porter;
non support alleged.
sixth District Court
John 3. Gray was at the Sixth District
Court this corning for tho fourth time
for cruelty TO animals. He has
beer source OF much annoy
snce TO the Society for Prevention
of Cruelty to Animals. He was fined 500
and costs.
Lillian Greene and Charles Cave were
adjudged insane, and sent to the State
Asylum.
The cases OF Arthur Joslin and Thomas
Kane were continued TO Nov 81.
Albert >. Belknap was adiudged
probably guilty of maintaining n poiicv
shop and was bound over TO the court OF
common pleas.
Thomas Kelly, for stealing a coat from
tho restaurant OF Ann Devlin, was fined
$50 and costs.
Albert Castilonia for keeping liquor
nuisance on Atwells avenue will have his
trial next Friday.
Adelbsrt Penny, for an assault on Joseph
Frazier, waived examination aud was
heia for the grand jury.
james Carr, who sole lot Of lumber
from II. =. shaw, the cont ractor, said that
he did uot teci like having a trini today.
As he could not give any good reason why
Judge Cooke made him change bis mind,
and the trial proceeded. The testi-
mony showed that all of the resi-
dents where MIR. shaw is putting in