The Providence news. (Providence [R.I.]) 1891-1906, 1895-12-18
Heavy Sentences Imposed
by Judge Wilbur.
Award Reduced in Washing
ton Street Land Cases.
Troubles of Pawtucket CitiZenS--Mat-
tiers Heard in Appellate Court.

In the matter OF Martha ID. Knowles VS..
the City of Providence the appellate divi-
sicn OF the Supreme Court has decided &c
grant a new trial nn!ess claimants con.
sent TO the reduction OF the verdict to
sI0,0
The Jury in the trial OF these cases,
which relate 10 property taken for the
widening OF Washington street, gave
verdict for the plaintiffs OF sl2,660.
new trial was asked In behalf OF the city
and the petition argued on Monday last
and now the court has disposed OF the
matter as above stated.
Mccoy IL Patti vs.. Charles f. Harrison.
Defendants petition for a new trial de-
MED.
The language OF the court in the case of
Nelson Morris a. Company vs.. Nathan A.
Fitch is as follows: 1--WE think the ver-
dict OF the jury was sustained by the
evidence. The contract claimed by the
plaintiff was that the defendant agreed
to deliver to Chace goods that should be
charged TO him, or, in other words, that
the goods should be deliverd to Chace on
the defendants credit. The Liability
thus assumed was therefore direct liza.
bility. and not the collateral liability OF
guarantee. III was not necessary,
therefore, that there should be any note
or memorandum Of il in writing"
Defendants petition for new trial
remitted TO the &C mmon pleas division
with direction TO enter judgment on the
verdict.
The following matters were heard by
Chief Justice Matteson and Justices
Stiness and Tillinghast today:
Amos .. Dawley Jr., VS.. Earl III. Potter.
Heard on defendants petition for new
trial. J. +. Lonsdale for plaintiff; 8. S.
Lapham for defendant.
Charles Smith VS.. Charles ID. Miller.
Heard on question OF charging the gar
nishee.
T. f. Vance for plaintiff and Cooke &
Angel for defendants.
Warwick and Coventry Water works vs.
John B. Allen, ex. ct al. Heard on motion
OF defendant for reference OF certain
matters to master.
James Iillinghat for plaintiff and Ar.
mold Green and Benjamin nj. Lapbam for
respondents.
A SEVEN YEARS, SENTENCE.
Seven years in State prison at hard
labor was me sentence imposed by Judge
Wilbur on James Higgins this forenoon for
burglary. His honor reminded the
prisoner when be demurred slightly to
the sentence that il might have been for
life. Higgins remarked: "This is about
as bad" He is % years Of age.
There were two indictments found by
the grand jury against Higgins. One for
the breaking end entering in the night
time the house OF A. sydney Smith in
Pswtucket, and the other for the same
offense at the house of William j. Demp-
sey in the same city. The former was
mol pressed ~ the Attorney-GeneraL
Both offences We're committed on Oct.
IL, q few hours after Higgins had been
bailed out by friends, he being in jail
for an assault. Previous to entering the
first house named he entered liquor
saloon and stole whiskey and cigars.
When arraigned last Saturday Higgins
pleaded not guilty, but today retracted
and pleaded nolo contendere. The lowest
sentence the court could have imposed
on him was five years in prison.
Joseph Ayotte o. Woonsocket was tried
today Tor the same crime as Higg ins. lie
was charged with having entered the
house CT Euos Bourget and stolen con-
siderable amount of property belonging
to Clara X, Bourget.
According to the testimony OF Miss
Bourget, o officer McGee of the Moonsocket
police force aud others, Ayotte was seen
coming out OF the house, and in the Dis
trict Court in the city named pleaded
guilty TO the charge on which he was
indicted.
FOUND GUILTY OF ASSAULT.
George smith, indicted for an assault
and battery on one Hugh O'Rourke, in
Crsnston, on July ., insisted on his plea
OF not guilty. His trial began, and testi-
mony was introduced by the State TO
show that the defendant struck O'Rourke
with a stone. When the former went on
the witness stand be described the cir
cumstanees of the assault AZ very nearly
the same as did the States witnesses.
Smith, when asked by his coun-
sci 10 explain his plea of guilty i'm
the District Court, did so by saying that
he understood the charge there to be
that of assault and battery. The Attorney
General stated this was the only chlrge
against the prisoner
1t appeared from the testimony on both
sides that Smith went to O'Rourke's house
to pick fight, started row and then got
the worst OF IL.
The jury found the prisoner guilty and
recommended him ID the mercy of the
court. Judge Wilbur, in view OF the
recommendation, gave him only 80 days
in Jail.
John Fellows, who was found guilty OF
highway robbery late yesterday afternoon
was sentenced by Judge Wilbur to 15
years In States prison. Fellows commit
ted the crime OF which he was found
guilty az the North Emo, on John X.
Powers, a visitor to this city from Water
bury, Conn, In October last. The pris-
oner has bad record.