The Providence news. (Providence [R.I.]) 1891-1906, 1895-03-28
Two Boys Sentenced by Judge
Wilbur
Charles McDermott on Trial for
Breaking and Entering and Larceny.
The Appellate Division Decides Against
Fireman Behler.

In Judge Wilbur's court room this
morning two cases of breaking and enter
ing were brought to trial. The first case
WEE that OF John Bly, and Joseph Moran,
indicted for breaking and entering the
store OF Henry Wright, at Central Falls,
on the night of Feb. 3, 1896, and stealing
therefrom, rubber boots, copper, pewter
and brass Junk. Moran pleaded guilty
but Bly, insisted on a trial. The de-
PENDANTS attempted to sell the
property stolen from Wright on
the morning Of February and
were thus detected. BLY, in defense, told
a story OF finding the junk by the roadside
and tried to shift the responsibility on
Moran. He was promptly found
guilty. Bly, is boy sixteen years
old who, at the December
session of the grand jury, was indicted
for an offense, similar TO the one on which
he is now convicted, with other boys. The
Others were convicted, but Bly,, who then
spelled his name Bligh, was acquitted. Ii
is claimed that Bly, was convicted Of
larceny in Massachusetts, under the
assumed name of Smith. Moran is
younger than Bly, and has no criminal
record. Judge Wilbur sentenced him to
the Reform School for two years and Bly,
during his minority. Willard b. Tanner
defended Bly, having been assigned TO that
duty by the court.
Charles T.. McDermott, indicted for
breaking and entering the store OF Isaac
Rose, at 254 North Main street on
the night OF February 16, 1895, said
that he wished to defend himself.
The court, however, thought that he
should have the advice of counsel to expe-
dite matters and Attorney Tanner as
sumed charge of the defense. The State
claim that McDermott was captured on
the night of the breaking, with two
shoes under his coat. On investigation it
was found that Roses show window had
been broken and the shoes found in Me-
Dermotts possession removed. The case
was pending at the noon recess.
Appellate Court
Justice Stiness has handed down an
opinion in the action OF Henry II. Behler
vs.. Daniels, Cornell * Co., sustaining the
defendants demurrer to the complain
ants amended declaration.
Behler was member of the Providence
fire department who, about two years ago,
was injured In the defendants building
by falling down an ungusrdcd elevator
Wtii Wuiio an NisShaiBc VI MS
duties in aiding to extin-
guish a fire. A demurrer to the
original declaration was sustained upon
the ground that 1t set forth an entry by
the plaintiff into the defendants premises
only on q license, to whom the defendants
owed no duty. The declaration was
then amended to inject into the
statement of the case a statutory
duty and invitation on the part of the de-
fendant. The court discusses the declara-
tion both from the standpoint of a statu-
tory duty and invitation and decides that
neither existed. "Of course" says the
court, ,"firemen have a rig hit to enter prem
ises to stop a fire, but it is under the
same law which allows Others to enter,
called by Judge Cooley The law of over
ruling necessity"
In the case OF James Corrigan VS.. John
B. Gray ct al, rescript has been handed
down denying the complainant's petition
for decree to set aside the conveyance OF
the property OF John B. Gray to his
brother, Bernice Gray.
In the case of Elizabeth T. Jones, appt.,
against William W. Rickard, exr., a re-
script has been banded down denying the
plaintiffs petition for new trial. The
case was originally brought before the
common pleas division on an appeal from
the action of the probate court in admit
ting to pro- bate the will of Phebe +. Jones
and verdict was given on Nov. IL, 1894,
sust aiming the will.