The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-14
Trial Of Attorney Generals
Docket of Indictments.
SiIvio Scongio Acquitted on Charge OF
Assault With Dangerous Weapon.
Matters OF Interest Heard In Appellate
Division OF the Court.

against Silivo Scongio, indicted for an
assault with a dangerous weapon; 10 WIZ:
a knife on one Dominica DeMundi on June
%. at Silver Lake in Cranston. DE Mundi
testified that he lived in the same house
with Scongio, the defendant, and that he
went out to walk with him on the after
noon of the 2Sth OF June, and that Soon |
gio suddenly drew long knife, and want.
ed to fence, but that be. Mundi, refused
to do so, whcreupon the prisoner cut him
with knife on the right arm, iniicting
a wound three inches long.
When cross examined he admitted that
be bad been drinking on the afternoon
| tbe cutting took place, and had taken
| about dollar IN having good time. he
| also stated that he and Scongio were the
| only persons present when he was cut,
| ana that the defendant and himself were
good friends at the time the AFFAIR TOOK
place.
a policeman and had Scongio arrested af-
ter her husband came home wounded
Scongio, the defendant, testified that al
ter he and De Mundi had drunk some
beer there was friendly scuffie between
them, and that he, unknowingly, cut the
latter on the arm, and that when De Muu-
| di saw the blood flowing from the wound
| on his arm he told Scongio to run as the
police might be after him. Later on the
| witness found a bad cut on his shoulder,
/ but this he did not show TO the police.
The Jury after cons&sring the case
short time brought in q verdict OF acquit-
Attorney-G General E. c. Dubois for the
State; j. s. Carpenter for defendant.
The second case tried in the same court
was that OF the state against Francesca
Colatrella, indicted for an assault with
knife on Antonio Principe. The alleged
assault took place on Cedar street on sun
j day, August 4, and at the time attracted
a great deal OF attention in the neig
hood, as 1t was thought al first that Prln-
cipo mad been fatally injured. The sto-
ries OF the two men differed very materi-
ally as to the facts of the case.
The witnesses for the State testined
thatC Colatrella without provocation attack
! ed Principe and cut him. DIR. Brugg
, testified that Principe received very
had cut TO the left OF the stomach which
he found on examining II the next DAY 10
be four inches deep. He said that the
wound might have been made by knife
similar TO one produced by the Attorney
| General and which police officer testi.
fed to finding in yard on Cedar street
/ close 10 the scene OF the ARRAY.
Colatrella testified that he was going
> | quietly along the sidewalk on Dean
street on August 4, having lived in the
city but q day or two at the time, when
Q he was hit by q piece OF melon ana look
z ing around 10 see who struck him Prln-
/ cipo called him q Neapolitan and hit him
with thick whip over the face, cutting
the skin. A revolver was then fired and
2 a knife thrown. The knife struck him,
: emitting his coat. He then ran to get a
: policeman, but was himseli arresteu pc
q fore he could make q complaint OF MS
t treat ment. The jury found the prisoner
guilty and Judge Wilbur sentenced him to
nine months in jail. Attorney General
. T.. c. Dubois for the State and ). ,. Car
s penter, assigned by the court, for the de-
fendant.
John Fox, indicted for keeping com,
mon nuisance, pleaded not guilty sno
gives bail in the sum OF $1,000
John II. Robbins, indicted for indecent
exposure of person, plead nolo contendere
and sentence Is deferred ana seourt,
given in the sum OF $1,000.
SUIT AGAINST THE CITY.
Before Judge Rogers and jury was be
gun this morning the trial OF the suit o
William III. Turner ct al. against the cit.
of Providence.
The plaintiff sues 10 recover for tn
value OF land taken from them Tor the ex
tension of Roger Williams Park. Ate
opening the case to the jury the latter
10 view the premises.
McGuinness & Doran, for the plaintiff
Francis Colwell, city solicitor, for the dc
fendant.
APPELLATE DIVISION.
Before Matteson, c. j., and Tillinghast, J.
A hearing was had this morning o
the bill in equity filed by THOMAS !
| Greene. attorney for Robert i. Gammel
' trustee, VS.. o. Herbert Ernst. ct al
This case came before the court on II
, construction OF certain clauses In the WI
= OF Elizabeth Amory. The first OF the'
= clauses, which is the third ella use OF II
will, provides that Robert Hall Ives sna
take the rest and residue OF the esta
left by the testator, and pay over the II
come as follows: "kouis Morris Amor
u one third part thereof; Ann McLes
n Amory, one third part thereof, and Hei'
\ Marie Lee, one-third part thereof Al
on the decease of either OF said daughter
leaving issue her distributive share
:, portion of the whole property compri
+" ing the trust fund shall be paid over
the issue OF such deceased daughter al
on the death of either of the three daug
z tiers ner share shall be paid to the survi
II ing sister or sisters. IL is also provid
" in the will that on the death OF the ID
OF the three daughters, II she leaves
sue. such issue 10 take the distribute
share and the portion OF the trust capt
re and providing, also, that in case all I
three daughters died without issue I
trust estate shall go TO the issue oil n
ed said daughter, Harriet B. Ives
n The question submitted by the trust
involve the rights and interests OF
respondents, Elizabeth A. Ernst a
ly Robert |. Lee, who are the only childi
re OF Helen Marie Lee and of the yari'
children of Mrs. Ernst and Mr.. l.
who, together with them, comprise
yD descendants OF Helen Marie Lee.
The main point involved was wbet
or not the word issue in the will was
be used in the larger sense OF includl
grandchildren or not.
4 4. =. Durfee, who appeared IA guaru
A ad litem for the minor children inter'
M ed in the case, contended that the We
u Issue must be taken as including all
scendants. Robert ". Burbank,
Represented the respondents, @. herI