The Providence news. (Providence [R.I.]) 1891-1906, 1895-04-10
HEARD IN COURT.
Said He Was Kicked Out of
a Grocery Store.
The Lowest Possible Sentence I'm.
posed for Burglary in Pawtucket.
The Calendar for Tomorrow I'm the
Several Divisions.

In Judge wilbur's division OF the Su-
preme Court the suit OF David T.. Kinney
for 5000 against Herbert W. LoDgfellow,
was heard for an assault alleged to have
plaintiff at 3o6 Thurber's avenue on
April 18th, 1898. There was quite
a conflict OF testimony In the case Kinney
claiming that he went into Longfellow's
grocery store and market and asked for
credit, and that the credit was not only
had leg broken, his body
bruised, face cut, and was otherwise
badly treated. The plaintiff states that
he was until the time OF the accident an
agent for the Equitable Life Insurance
Studio, and tAat his income averaged ~
day, but on account OF his confinement
To bis home by the injuries he received
he has lost his work and suffered great
financial losses. His injuries, he claims,
laid him up until about the middle OF
September OF the same year.
Ths defendant, on the other hand asserts
that Kinney, on the day In question, was
under the influence of liquor, made very
ugly threats against the defendant, and
also called him several vile names; that
the defendant only put the plaintiff out
of the store when his language became
too improper and that no unnecessary
force was used in so doing and the injuries
that the plaintiff claims to have received
were the result OF q fall and not, as Is
claimed, the result OF the defendants
kicking the plaintiffs feet from under
him.
A numb OF witnesses testified on both
sides. T.. u. Bsssett was counsel for the
plaintiff and G. A. Wilson for the de-
fepdant.
Lawrence Desry, who pleaded nolo
contendere to the charge of burglary
- L. t. DA
tucket, was today sentenced to hve
years in State Prison. When asked
what he had to say previous TO sentence
being passed upon him Deary said he was
drunk and that he was persuaded 20 go to
the house by companion who claimed TO
live there. A sister of the prisoner told the
court that up 20 now he had worked when
ever he could do SO, and the Attorney
Ise}encrai having nothing be- soy aga inst-
Deary, the judge imposed the lowest sem
tence possible under the statutes.
Walter Mullen, who was found guilty
OF larceny last week, was today sentenced
to one years Imprisonment by Judge
Wilbur. Mullen worked at the Scituate
Hotel and IL was from the proprietor OF
that house he stole the money, though
the prisoner claimed that he had been
saving his earnings for some time and this
accounted for the large expenditure of
money which led 10 his arrest.
Court Calendar For Thursday.
George Booth VS.. II. T. Cate & Mer-
chants Ferrying a. Cold Storage Company.
Attorneys-Lee & Tillinghast and ID. B.
Potter.
Joseph Armstrong VS.. City Treasurer of
Providence. Attorneys-G. j. West and
City Solicitor.
John Mulroney vs.. same.
Thomas Fury VS.. same.
Court Caleudar for Friday
Gilbert NJ. King VS.. Thomas r. Dawley.
Attorneys-Fsrnell and Smith and Page
& Owen.
John Sullivan VS.. n. Y. n. f. II. r..
Co. Attorneys-G. j. West and j. Nj.
Ripley.
Sarah Galligan VS.. City Treasurer of
Providence. Attorneys. w. Hogan
aud City Solicitor.
Edward +. Page VS.. Joslin Manufactur-
ing Company. Attorneys-Poge & Owen
and j. M. Ripley.
Appellate Division.
In the case of Seneca n. Smith vs. The
Town Council of the Town of Burrillville,
the court has dismissed the petition for a
writ of certiorsri holding that
the return made by the defendant
Town Council, In response TO the citation,
which returns, by agreement of the parties
interested, has been treated as return
paper, is not defective by reason OF ITS
failure to set forth the evidence su omitted.
Judge Tillinghast delivered the opinion
of the court.
Among the cases set down for hearing
in the appellate division OF the Supreme
Court tomorrow Is that of the Lonsdsle
Law and Order League VS.. the license
commissioners of Cumberland.
Sixth District Court.
In the Sixth District Court this morn
ing William Duckworth and Gertrude
Colwell were fined $40 and costs each for
fornication.
Emiline Jones pleaded not guilty TO the
charge OF being a common night walker
and was held until Friday for trial.