The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-07
Arguments on the Petition
for a New Trial.
Bernard MONEYS Suit Against Mar
ragansett Electric Company.
Assignment OF Cases and DEGREES Made
by Appellate Division Today.

In the appellate division OF the Su-
preme Court, cases on the calender were
assigned for trial this morning. In the
matter Of hearing on the petition of Law
renee Kee1an for q new trial, the court
fixed the time for such hearing on No
vember /. Mr.. Pierce, OF counsel for the
petitioner, was directed to file afidavits
of new evidence in the case by Novem Der
/, with leave 10 ask for further time for
filing any afiidavits OF moro recent evil
dence later on.
the opening of Judge Wilbur's division
Of the common pleas division OF the Su-
preme Court this morning, and the fol-
lowing parties, whose bail was defaulted
on Saturday, had the default remoyed
Walter Comstock, indicted fer keeping
and maintaining common nuisance,
pleaded not guilty and gave bail in
the sum of $1,000 for his appearance for
trial.
Louis Bassinette indicted for breaking
and entering q shop in the night time in
Woonsocket, and stealing from said shop
cigars, cigarettes, and candy, pleaded not
guilty, and gave bail In the sum of $1,000.
This morning after considerable delay
caused by the attendance of counsel in
the case at the assignments of cases in
the docket, the trial OF the suit Of Charles
T.. Capwell, a merchant of the village of
Greene, against John Ii. Campbell, pro-
prietor and publisher of the Pawtuxet
Valley Cleaner, for the recovery of $1,000
damages for the publication OF alleged
libelous article was resumed. The testi-
mony for the prosecution was completed
before noon. ~
The defence then opened its case and
the first witness called was John II.
Campbell, defendant in the case. He tes-
titled that there was no malice intended
by the article referred to and that il was
published after q communication had
hsrshness of the defendants dealings with
Corey. Mr.. Campbell was pretty sharply
questioned by George L. Brown, one OF
the counsel for the plaintiff.
There was large number OF residents
OF Greene and other places nearby in at
tendance at the trial OF the case this
morning.
calendar of the common pleas division
took plsos in Judge Rogers court this
morning, and there was a very large num-
Der OF members OF the bar in attendance,
and about two hours was taken up in the
fixing of dates for the trial of cases.
After the completion of this work, and
the qualifying OF the number OF jurors,
the trial OF the SUIT OF Bernard Mooney,
against the Narragansett Electric Light
ing Company, was begun before the same
judge and jury. Mooney asks for S10,-
900 damages for injuries received by him
while in the employ of the defendant
company. He claims that on May -, 1894,
he was engaged in wiping of an engine,
when he was struck by q revolving brack-
ct attached to the engine. This bracket
had generally attached to il some sticks,
e whole. being used 10 test the energy OF
tn engine, ut that these sticks, which
=. vuld have been a warning to Mooney he
says were not in place at the time he was
struck by the revolving bracket. The
plaintiff claims that the injuries received
have left him una BILE TO work since the
accident occurred, and with little pros
pect 0i ever being fully restored TO that
condition OF manly vigor he was in be-
fore said accident.
Two former subjects OF King Humbert /
of Italy renounced their allegiance to
that sovereign, in order to have the pro-
lection of Old Glory in Judge Wilbur's
court this morning.
APPELLATE DIVISION.
Before Mstteson. @. j., and Tillinghast, J.
The following hcrees were entered in
this division today:
City Savings Bank VS.. Mary T.. Phillips,
ct al. Final decree entered adjudging
the defendant, Mary f. Phillips, to be
entitled to funds in deposit in the City
Savings Bank standing in the name of
Joesph Rice or Mary II. Claffey, payable
to either or thu survivor of them, and
ordering that Edward McCabe, admins
traitor of the estate of the said Joseph
Rice, is not entitled to said fund.
George W. Williams eft al. VS.. William
M. Herrick and others, trustees. Decree
enter ed overruling demurrer.
Elizabeth j. Finn VS.. Thomas W. Finn.
Decree entered appointing Isaac Shore
guardian ad litem of David W. Finn,
a minor, one of the parties in this case.
Before Mstteson, G. j.. and Tillinghast aud VII.
bur, III
Matter of Hopkinton Savings Bank:
Decree was entered enioining the officers
from dong any further banking business
and trustees were directed 10 distribute
the assets and wind up the affairs of the