Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1895-06-12

door would be open on that night and
Porritt said he would "pull him" II hs
kept open. lie closed his part Of the store
at II o'clock and during tho hours that
followed four drunks straycd In and one
OF them broke show case and another, .
prominent citizen, came near falling
through the door, 30 he did not feel safe
In leaving his property.
His story In regard to the threats made
by Nickerson was the Same ~ that OF
O'Reilly's.
There IL no ventilation in the store and
II the door was closed on such . warm
night the flowers would perish. He told
Porritt about tho matter and the ofdcer
understood II perfectly.
He remained there all night and 20 did
Mr.. O'Reilly. A lady and gentleman
came In while the Sergeant was there and
wanted TO buy some candy, but were told
that the store was not open for business.
Mr.. Osfeld tried to make Mr.. Kelley say
that Sergt. Nickerson said O'Reilly was
acting as "blind," but Mr.. Kelley stuck
to his statement that he used the word
"capper," although the words might mean
the same. O'Reiiiy was not excited and
In regard to who did the most talking he
said that 1t was "six OF one and half q
dozen of the other"
Porritt told Kelley that he had notified
the Sergeant about the store being open.
O'Reilly told the Sergeant that he was
"working for the dead" and had always
kept open the evening before Memorial
Day ever since he had been In Pawtucket.
This. closed the case for the prosecution.
For the defence MIR. Osheld called ON.
Ger Porritt who was sworn. He testified
that Kelly said to him early In the even
Ing "Pm going to keep open tonight"
and he thought Kelley was joking and
therefore made the remark that he would
"pull him." About o'clock In the morn.
ing he concluded that he would notify
the Sergeant about the matter and Nick
erson came up. He did not hear the Ser
geant use the words "capper" or "blind,"
and thought that O'Reiliy was very mad.
He said O'Reilly dared the Sergeant to ar
rest him and Nickerson said he had no
warrant for him and did not come up to
arrest him.
He did not think the sergeant bad any
Ill feeling against either O'Reilly or Kel'
ley, and only came up there to investi-
gate. There were two young men In the
store sitting down on box at the time.
These were John =. Dorl and Thomas Har.
risen. He did not think he had any right
to arrest O'Rejliy for working after hours.
Sergt. Nickerson was then sworn and
said Porritt notified him about the store
being open and went up to see about 1t.
He asked Kelley what was going on and
Kelley said O'Reilly was at work there.
He asked O'Reilly IL he had permission
to keep open, and O'Reilly said, "You
mind your own business" Nickerson
said, 81 am minding my business"
O'Reillv then said: "If ycu want to ar
rest me you can; but won't go down to
the station with you. II don't take two
or three men to take me down."
The Sergeant then told him that II he
was taken down he would be put In the
"padded CELL"
He testified that he had never used the
word "capper" In his life.
Thomas Harrison said he was there at
the time with John p. Dorl and heard the
first few remarks. While he was there he
was handed glass OF soda by Mr.. Kelley
and box of cigarettes by Mr.. Dorl. He
did not know whether they were bought
and paid for or not.
John r. Dorl said he bought soda and
cigarettes from Kelley and in answer to
Mr.. Carroll said neither he or Mr.. Hsrri-
son had been drinking.
Kelley said they were In there, but did
not buy any soda or cigarettes. Monday
one Of them, he thought it was Mr.. Har-
rison, told him that II he wanted him to
he would be down at the hearing and see
! that he was call right"
Mr.. O'Reilly said both the young men
had been drinking and were having quite
good time talking amcng themselves
about where they had been and how much
fhnxy lnA aII
sell them any hing.
and denied that they were intoxicated,
and never told Kelley that they would be
witnesses for him. They said they were
summoned during the afternoon by James
e. Banigan and did not know who told
the defence that they knew anything
about the matter. Sergt. Nickerson was
recalled and said he asked that the young
men be summoned as he remembered see-
ing them there at the time that he called
at Kellev's store.
Attorney Osileld began his argument bv
reading the city ordinance which regu-
lates the keeping open Of stores. He said
Kelley came there In very bad grace as q
complainant, as 1t had been proven that
he had violated the law by selling soda
water and cigarettes.
Kelley said he did not remember It, but
Dorl swore positively that be bought the
stun, therefore there was need for Sergt.
Nickerson to investigate. The charges
were founded on malice; there was no
proof Of gross ignorance or conduct unbe-
coming an officer, but there was evidence
OF conduct becoming all officer. He asked
that the charges be dismissed.
Mr.. Carroll said Mr.. Kelley holds a
victualIing house license and In fact had
right to keep his store open IL he want
ed to. Sergt. Nickerson knew he was
doing wrong and only wanted to get back
at O'Reilly. 81 will bet," said he, "that
ae put on more speed that night in order
to get up to O'Reilly's store that he ever
did before or has since.
"He was so anxious that he fell over
himself. No one would find fault il any
of the shops OF tho city were Obliged to