The Providence news. (Providence [R.I.]) 1891-1906, 1895-02-20
He Ard IN COURT.
John Nelson's Plea of Former
Jeopardy OverruIed.
George Arnold Put on Trial for Cru
city to His Horse.
Joseph Tanning Convicted of Nom
Support-Appellate Matters.

Unless sickness or death prevents, John
Nelson will be put on trial for receiving
stolen goods next Monday, at least this Is
what Judge Wilbur emphatically stated
this morning when he denied the request
of defendants counsel to continue the case
or allow any delays to intervene to prevent
its speedy determination. After the
summary conclusion OF the first trial the
Attorney General expressed his determi-
nation to put the case on trial again as
soon as possible. Then the defendants
counsel claimed that Nelson could
not be tried again under the con-
stitution of the United States, which
says that man cannot be put in jeopardy
but once. A plea to this effect was filed
last week, and then Mr.. Dubois moved
that 1t all be stricken out except the asser-
tion that Nelson had pleaded not guilty.
He also demurred to the plea.
To-day arguments on the matter were
heard before Mr.. Justice Wilbur, who
sustained the demurrer and overruled
tht defendants plea. To this ruling
General Wilson, in behalf of his client,
took exceptions and asked that
the trial be postponed until the matter
could be determined by the Appellate
Court. Judge Wilbur also denied this
request and again the defendants counsel
excepted to the ruling.
The defendants attorneys have claimed
that q constitutional question is in
volved In the matter and that
the indictment against Nelson cannot
be proceeded with until this
is fully determined. AS to the constitu-
tional question, Mr.. Dubois says that the
al Ix.11
applies to the United States Courts only.
The state constitution has nothing to say
on the point.
Arnold OF Pawtucket. charged with driv-
ing a horse totally unfit for work, was
brought to trial before Mr.. Justice Will
bur this morning.
Tho complainant alleges that
the horse was so lame that
ii could scarcely walk and yet was driven
about the streets with load. Lycurgus
Sayles appears for the prosecution and
Page & Owen for the defendant.
Joseph Tanning was convicted yester-
day afternoon OF the charge OF non-sup-
port OF his wife.
The following were also heard in the
Common Pleas Division:
Before Rogers J)
Joseph p. Manton VS.. John 3. Goodwin.
Verdict for defendant.
Globe National Bank VS.. American Wood
Paper Company. Defendant submits to
judgment for s37s4.s0.
before Douglas, D
Hajop Bogigian VS.. Sarkis II. Nahigian;
assessment OF damages.
Appellate Court.
The following matters were heard in
the Appellate Court today:
John j. Arnold against Pawtuxet VAL
ley Water Company. Heard on motion to
dismiss. Petitioner allowed to amend
and file afiidavits within 10 days.
Catherine Agan VS.. Patrick Agan ct al.
Death OF complainant suggested.
James Fournier VS.. James Wilson. Sub
mitted on paper on demurrer to declara-
tion.
Catherine Ryder VS.. James J. Ryder ct
al. Bill in equity to reform a mortgage
and heard on issues OF fact.
Calendar for February 81.
The Calendar OF the Supreme Court for
Thursday is as follows:
Common Pleas Division)
1593 Charlotte l.. farrar vs. William
Bcckman. Attorneys.-D. J. Holland for
plaintiff: Page a. Owen for defendant.
l5si Elizabeth A. smith, administrators, VS..
J.w. smith. Attorneys-Pago & Owen for
plaintif Il. n. West for defendant.
Hia. n. Y. a n. Il. r. II. Company VS..
William NJ. Harris. Attorneys-Miner a
Rocker and j. VI. Ripley for plaintiff; ID. B.
Potter for defendant.
1882 John Jenckes We. Henry G.. Clark. At
torneys-w. b. Vincent for plaintir; J. NJ.
Ripley for defendant.
gI7. Dante Reguli VS.. John Caproni. Attor-
neys-G. !. West for plaintiff; II. w. Burbank
and Page & owen for defendant.
Bs. Augusta Terrari vs.. Same. Attorneys
Same rs In 9d7.
appellate Divlsion)
-. william II. King pro ami VS.. George
Gordon King. Attorneys-W. q. Roelker for