The Providence news. (Providence [R.I.]) 1891-1906, 1895-06-03
Sworn and Retired to Con-
slider a Number of Cases.
Important Opinion In Libel Case
Handed Down.
Civil Business Dull in the District
Court Today.

The grand jury was sworn this morning in
Judge Wlbur's court Twenty-one jurors
answered the summons issued 20 them 20 ap-
pear, and the following Is were elected 20
serve; Louis NJ. Chilson and Robert S. Gas
kill Of Woonsocket, William O. Rhodes and
Joseph r. Dunham Of Providence, Rufus b.
Goff and George J. Norton of East Provi.
dence, Charles Clark Of North Providence
Charles NJ. Hunt and George Dyer Of Grams
ton, William Middleton Of Johnston, Clarence
L. Whipple Of Cumberland William o. Har
rington Of Foster. Bernard j. Collins and
Charles L. Carpenter of Pawtucket, James +.
Mowry Of Smithfeld. Louis NJ Chilson was
appointed foreman.
Judge Wilbur in his charge TO the jury on
its duties went carefully over the description
of the crimes the members would be called
upon 20 consider. Contrary TO the expecta.
tions Of some persons he did not refer to the
case Of perjury Of a member Of the local police
force. which the jury will consider, because
of the variance between tho testimony Of that
officer before a committee of the Providence
City Council and that given by him a short
time ago before this court.
The number of cases that will be presented
Is tor burglary, Is for breaking and entering
shop, one entering dwelling house in the
day time with intent TO commit larceny, three
for entering a dwelling house in the night
time, Ia for larceny. FIVE for exposure OF per-
son, l2 for assault with dangerous weapon,
one for simple assault, one for perjury. four
for adultery, three for obtaining money under
false pretences. two for receiving stolen
goods, q for keeping and maintaining com.
mon nuisances, one each for carrying con-
cealed weapons, selling by false measure. as.
sault with intent to kill, and obstructing an
officer
The jury retired with Assistant Attorney.
General Henry ]. Dubois The presiding
judge called attention to the largo increase in
recent years of the number of cases to come
before the grand jury for consideration.
Before Judge Wilbur this morning the trial
of the suit of James Fournier Of Lincoln
against James Wilson of Pawtucket, for the
recovery of Sl55 for the i'll use of horse.
which was part of some property mortgaged
by Isaac Fournier. nephew of the plaintiff, in
1885, and taken by the defendant from Eman.
uel Vaduais on an execution.
Osfield a. Bannigan were attorneys for the
plaintiff, and Hugh j. Carroll and j. W.
Mathewson appeared for the defendant.
APPELLATE DIVISION.
Chief Justice Matteson today, in tho appel.
late division, handed down an important
opinion ON the demurrer filed by tho defend
ant in the suit of James Morrissey against tho
Providence Telegram. The suit grows out OF |
certain charges alleged to have been made /
against the plaintiff in recent municipal |
in this city. The defendant con-
tended that the words ex-convict were not |
lfbelous. The main points in the opinion are
as follows
"To charge in writing that a man is an ex.
convict is lbelous. since its effect is TO do
grade him in public estimation. State VS..
Spear q Corbett, 10 Rhode Island, 324 The
prefix ex. denoting that the convict has served
put sentence for or been pardoned does not
lake away its libelous effect. The natural
import of the charge being defamatory no col.
oauiem or PREDATORY statement is necos-
sary. The demurrer Is overruled and case
remitted TO common pleas division for further
Richard Burke and wife VS.. Bridget Crow. |
ey. Heard on petition for a now trial on the
grounds that the verdict in the trial of the |
common pleas division Of the court in which
! verdict for the plaintiff for 5000 was given, |
vas against the evidence and the
weight thereof, and also that the damages
liyen by the jury were excessive. This suit
vas one for malicious prosecution and tho |
festivities OF a wedding figured in the evidence
'efore the lower court.
William IL. Atwood VS.. Richard p Borden. |
Heard on petition for appointment Of a re.
eiver.
Burt d Snow VS.. James G. Butterworth, Jr.
EDITION for a new trial heard.
DISTRICT COURT.
There was little business before this court | q
oday. Judge Sweetland decided the follow ,
ng cases: I
Charles A. Evans and Hannah B. Steere VS.. | :
Adin W. Taft. Decision for plaintiff for :
ls2. 80. J
Harry Fischer vs.. Owen McAuliffe. De- |
ision for tho plaintiff for $780, n
First National Bank of Brooklyn, n. Y, vs. n
'harles A. Brown. Defauted and Judgment u
for the plaintiff for S2O5.9 and q
osts. 4,
William II. Willis VS.. Perry II. Brayton.
'ecision for plaintiff for S25