The Providence news. (Providence [R.I.]) 1891-1906, 1895-05-21
A NICE POINT
Raised in Regard 10 Indictment
Found in February, 1894.
Two Nuisance Cases on Trial I'm the
Common Pleas Division.

The trial of certain indictments for
keeping nuisances, tippling shops, ETC., in
1898 and 1894, was begun in Judge Will
bur's court this morning. The first person
called to plead was John Fox. He persist
cd in his previous plea of not guilty,
and his trial was begun, Attorney
General Dubois appeared for the State,
and Franklin p. Owen for the defendant.
The first witness called by the State
was officer Hopkins. He testified to
having gone to Fox,s place. -16i
Union avenue, and bought drinks in
February 1894. He was not positive
about the month or year, but said it was
Sunday, and that he went there with
Samuel Goldsmith and Joseph Tester.
These men subsequently swore that 1t was
on December II, 1893, they went 10 the
place kept by Fox.
The Attorney General said he would put
in testimony as to the reputation of the
the sales Of liquor there for the
same period. Mr.. Owen objected to
any testimony being introduced after the
first OF September, 1898. The indict-
ment described the term of the court q.
which 1t was passed as the term of Sep
tember, 1893. 1t was just after the going
into effect OF the judiciary act. The grand
jury that found the indictment against
Fox were impaneled on the
first Monday in February, 1894, and
brought in their report few days later.
Mr.. Owen contended that no evidence
previous to the first day OF the term,
named in the indictment, could be intro
duced. The court overruled the point
made by counsel for the defendant and an
exception was noted to the ruling.
The usual testimony was introduced by
the State in such cases and Mr.. Colds NTH,
who bought quite an amount of liquor OF
Mr.. Fox, according to his testimony, was
quite sharp in his replies to questions put
him by Mr.. Owen. He claimed to carry on
the business of constable, though he did
not perform the labors OF that trade at
the time he drank at the Fox Hotel, and
he declined TO answer the question OF
whether he was spotter or not.
No testimony for the defense was sub
mitted by Mr.. owen. The jury found the
defendant guilty.
The second case on the Attorney Gem
erals docket, tried today, was that OF
State VS.. Michael Gormley. The latter
was indicted by the same grand Jury for
keeping nuisance that indicted Fox.
and the same questions were raised and
the same exception taken. Gormley kept
a grocery store, it is alleged, on six days
in the week at Al Eutaw street, which was
changed into tapping shop and barroom
on Sunday. Attorney General Dubois for
the State and Page & Owen for the de-
tendant.
The trial OF the suit OF William L. Sny-
der against the New York, New Haven &
Hartford Railroad Company, for injuries
received while in its employ as brake
man, was continued today. f. s. Arnold
made the concluding argument for the
defendant and Walter b. Vincent for the
plaintiff.
Appellate Division.
Before Matteson, c. j., and j. j. stiness
and Tilinghast:
A hearing was held on the bill in equity
filed by the Cranston Print Works to have
certain defects in mortgage deed made
by its predecessor the A. q W. Sprague
Company to Rodney +. Dyer and another,
today. The question involved is the
title 10 pond and the use OF the waters
thereof, and has been long in litigation.
A rescript was handed down this morn
ing on the petition OF Sarah r. Early fora
divorce from her husband, Thomas H.
Early. The court finds the alloga.
tions Of adultery on either side not sus-
tanned, but the petitioner is granted a
divorce on tho ground OF extreme cruelty.