The Providence news. (Providence [R.I.]) 1891-1906, 1895-01-23
HEARD IN COURT.
Butler Sentenced 10 IS Years I'm
prisonmsnt for kansiaughIer..

James Butler, the negro, who last week
was con victed OF manslaughter, was
brought before Mr.. Justice Wilbur this
morning. Neither the DEFENDANTS coun-
sci nor he attorney for the State made
any arguments In regard TO the nature OF
the sentence imposed upon the criminal
and Butler himself said nothing. Judge
Wilbur stated that he considered the crime
OF the grayest character, and could not see
how the jury could bring in verdict OF
mansiaughter. 1T has come TO the ears
of the court" said the Judge, "that one OF
the jurors has made ,he assertion that In
q former murder case in which an Ar
menian was shot, the guilty persoh
had been sentenced 10 man
slaughter. cannot myself conceive oil
graver crime under mansiaughter
than this which you have committed, Mr..
Butler, yet there may be one, and, in con-
sideraLion OF you, / will not impose the
maximum OF 20 years, but will sentence
you TO 10 years. Imprisonment in the
states prison at hard labor. You may
impose that sentence, Mr.. Clerk" Butler
was then taken down stairs by the deputy
and later conveyed TO Cranston.
Verdict for Mrs. ChafTce.
Two civil cases were concluded yester-
day afternoon In the court OF common
pleas and verdicts rendered. In the Gaze OF
Lavina w. Chaffee va. Old Colony Railroad
",
before MIR. Justice Rogers for several days,
tho jury rendered a verdict for the piaintih
OF $500, wit special findings.
The suit OF James LOTUS, pro ami, VS..
Patrick Rogers, was decided in favor OF
the defendant by the jury after short
deiiberation.
In tie suit OF Joseph II. McCaug hey VS..
James ID. Brown, brought before Mr.. JUS
tice Wilbur this morning, the defendant
submitted to Judgment.
AQuestion OF Interpretation.
The cas- OF Joseph Lavelle against
Nehemiah Kim ball was brought before
the Appellate Court this morning on the
motion of the defendant for new trial on
the ground OF mistake. 4 he case raised
point In regard to the judiciary
act which has never before been
considered ano which was based
on the distinction between
decision and judgment as used In
the act. In the case under considera-'
desision in the District Court,
paid the costs, and in accordance
with the provisions of the judiciary Act
requested jury trial i'm the common
pleas division. Itappeared, however, that
he had signed document in which, ac-
submitted to judgment" The COM
mon pleas court, therefore, held
that he mad shut himself out OF the rights
OF jury trial and sent the case back TO
the District Court. 1t was TO reinstate
the case that the motion was brought be-
fore the Appellate Court.
Although no finhl decision was reached
in the matter and the case was rsassigned
for hearing. the court seemed inclined to
the opinion that no judgment could
properly be entered in District Court case
for seven days aud that defendant
could not submit TO judgment on the
spot. 1t has been the practice OF the
lower court, however. to enter a judg-
ment at any time after the de-
fault or submission OF the defend
ant on an ex parte motion. Such
a judgment has been considered conclu-
sive, and has been held to effectuaily pre-
vent petition for a jury trial. Should
the Appellate Court decide that "judg-
ment" before the seventh day Is only
"decision" the practice of the
lower courts must be changed to q con-
siderable extent. Stone and Lovejoy APP
peared for the plaintiff and Williams and
Tower for the defendant. O.her apre ll.e
matters were considered as follows:
Henry Fletcher, trustee, VS.. Waiter
Merry ct al. Decree entered ordering
trustee TO divide certain sock standing
IN his name.
Owen McAuiffe VS.. Eugene T. McAu-
life. Decree on masters report pursuant
10 rcscript on file.
Zelotes w. Holden ct al. VS.. Seth w.
Wells. Heard on agreed statement OF
fact. -
II. w. & n. r. Greene vs. James !. - ln.-
ian. Plaintiffs petition for a new ,.lal
hen d.
Henry X. Beehler VS.. Daniels, Cornell &
Co., ct al. Submitted on papers on de-
niurrer TO amended declaration.
Royal Z. Taft, trust, e, ct al. va. Fred
eriok l.. Brown et al. Decree for parti-
tion entered.