The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-29
The Colt Divorce Suit Placed
on Record.
An Order for Dispositions 10 Be Asked
TOR on Saturday.
The Moran VIII Case i'm Jury's Hands.
The Swinburne Cass

On Saturday next the Colt divorce mat
ter will come before the appellate division
of the Supreme Court for.the first time.
Rathbone Gardner, OF the firm Of Com
stock & Gardner, counsel for Mrs Colt,
yesterday had the case placed on the
docket for the day named. The hearing
on Saturday will be really a minor one,
bat il will be the first step in the pro-
ceedings, for the request will be for an
order to take depositions ON behalf OF
the plaintiff.
The testimony in the case of the State
VS.. Swinburne, indicted for an assault on
David K. Lingane, for both State and the
defence, was all in last night, when Judge
Wilbur adjourned court. There was moth
in new developed by the testimony and
Mr.. Hopkins, bwinDurne's counsel, was
not allowed 10 introduce any copies OF
The Telegram in evidence, and TO this
and a number of other rulings he took
exceptions
Judge Wilbur, before dismissing the
members of the jury, cautioned them
not to talk about the case.
At the opening OF the court today the
closing arguments OF counsel were In
order.
Mr.. Hopkins argument in behalf OF
Swinburne, was long one, and gave EVIL
dence of careful preparation. His view
of the testimony in the case was an ex-
haustive one. lie dwelt on the reputa-
tion that Lingane had made for himself
by the Cook shooting affair, and claimed
his client, believing he was to be shot by
Lingane, had the right TO defend him
self by the weapons Nature had given
him. Mr. Hopkins cited a case that
came TO his notice during the trial OF
recent case where a doctor testified that
at the beginning OF an illness he wrote
prescription for himself and recollected
nothing that occurred afterward until
he had become convalescont. The effects
OF q blow, he said, were at times very Pc
culiar, and it was not necessary for the
jury TO believe that Mr.. Lingane had de-
liberately told an untruth about the cir
cumstances of the case for he might, like
the physician he just referred TO, have
forgotten what were the facts. MIR. Hop
kins did not deal so gently with Mr.. Lin
game further on in his agument, tor he
described him as an editor "who goes
around with quill in one hand and
pistol in til e other
Attorney General Dubois made a very
strong argument in favor of the convic-
tion of SwinbUrne. In opening he al
luded TO the strange circumstances OF the
case and asked the members OF the jury II
they supposed that man who was
aggrieved at something published in
paper would not naturally 60 to the
Office of the editor, and not wait until
midnight to meet him on the street, un-
less he had an ulterior method in so do
ing. He dwelt very strongly with the
testimony for the defence, alleging that
most Of II had been made up in the back
room of McGough's saloon. His review
of all the testimony IN the case was fair
and mastery one.
He concluded his argument about II 80
o'clock and as Judge Wilbur was called TO
a consultation CT the full bench of the
court he postponed his charge until this
afternoon.
MORAN WILL CASE.
Shortly after taking his seat on the
bench this morning. Judge Rogers be-
gan his charge TO the jury in the Moran
contested will case. Irving Chsmplin,
| counsel for the executor, closed his ar
gument last evening, just prior TO the ad-
| jorrnment of the court. Judge Roger g
charge was a lengthy one, and the case
was not given TO the jury until nearly
noon time and IL remained in their hands
| for long time.