The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-09
Number Of Matters Disposed
Of in Appellate Division.
Several Parties Out on Bail Appear
and Plead to indictments.
Sentence Deferred in Some Cases Where
Persons Pleaded Guilty.

At the opening of the session OF the
common pleas division of the Supreme
Court this morning both Judge Rogers
and Judge Wilbur had juries TO charge,
the former, in the case OF Bernard
Mooney, against the Nsrragsnsett Elec-
trio Lighting Company and the latter in
the case of Charles j.. Capwell against
John ii. Campbell. The charge OF Judge
Wilbur in the latter case went into many
particulars in regard TO the law In rela-
tiop TO libel. special attention being
given o the effect of malice IN publica-
tion of an article in newspaper.
The following parties under Indictment
were arraigned In this division OF the
court this morning:
Alexander and John McDermott, in
dicted for breaking and entering in the
night time the shop OF Joseph Liddell
and stealing cigars, pleaded not guilty,
and bail was fixed at $1,000 in each case.
The brothers are at present in the reform
school, ana az they coulo not furnish
bail Will remain there until their trial
William c. Swinburne indicted for an as
sault on David f. Lingane, pleaded not
guilty and was required to give. bail in
the sum OF 1900. Thomas L. McGougb
was accepted as surety.
Clarence Budlong, indicted for larceny
OF $50 from Catherine Noon, when ar
raigned pleaded guilty, and sentence
was deferred.
Thomas Il. King, indicted for larceny OF
spoons, napkin rings OF the value OF S47. 90
from Catherine Shea of Scituate, pleaded
guilty, sentence was deferred, and bail in
the sum of $1,000 was taken.
Robert r.. Byrne, indicted for stealing
AZ ounces of silver from the Gorham Man
ufacturing Company, pleaded nolo conten-
dere, and sentence was deferred.
Joseph Smith, an 11-year-old lad, in
dicted for stealing coin OF the value OF 50
from, ha atore of Thomas Met ready
pleaded guilty and was sentenced 10 the
reform school during his min )rity.
Thomas Mitchell, indicted for keeping
aud maintaining common nuisance,
pleaded not guilty and gave surety in
the sum of $1,000.
Edwin w, Collins. indicted for keeping
OF common nuisance, pleaded not gull
ty, and bail in the sum OF $1,000 was given
Anthony McKenna, indicted for inde-
cent exposure of person, pleaded not guilty
and sureties in the sum of $1,000 were ac-
cepted.
ing a common nuisance. pleaded not gull
ty, ard bail was accepted in the sum of
$1,000.
The only civil case on the calendar for
today was that OF Isaac Hahn vs. Peter
O'Rourke, and there wes no trial OF it,
as the defendant submitted to Judgment
for the plaintiff for s14, no costs.
SMALL WEIRD ICr.
The jury, which for several days has
been hearing testimony in the libel suit
OF Charles f. Capwell of Greene against
John III. Campbell, proprietor and pub
Usher OF the Pawtuxet Valley Cleaner,
this afternoon brought In a verdict in
favor OF the plaintiff for f25.
APPEL ATE DIVISION.
There was a number of matters heard
by Chief Justice Matteson and Associated
Justices Tillinghast and Douglass in this
division this morning.
The petition OF the defendant IN the
case Of Alvah +. Warren VS.. Arthur r..
Humes, for a new trial, was heard in part
Warren some time ago brought suit
against Humes alleging that the latter
bad alienated the affections OF the plain
tins wife. There have been two trials OF
the csse In the common pleas division
and In the last trial a verdict in favor OF
the plaintin was given. Mr.. Owen, Humes'
counsel, this morning made long argu-
ment I'm favor OF the petition and after
| criticislng Judge Rogers To the jury he
introduced an important piece OF docu-
mentsry evidence. Warren. n seems, got
divorce from his wife on account
OF her deserting him, and he claimed
this desertion was brought about by the
defendant, but the document Mr. Owens
] introduced this morning showed that the