The Providence news. (Providence [R.I.]) 1891-1906, 1895-06-26
LAST EDITION
A CAME OF TAG,
Phillip S. Johnson Said,
Caused His Arrest.
Judge Wilbur Instructs Assistant City
Solicitor TO Prosecute Bondsman.

Did Phillip s. Johnson, who lives on
Transit street, on the evening of April 4,
simply play that innocent game of child
hood, tag, or did he curse swear and
revel, vast he question that jury had to
decide in Judge Wilbur's court this morn
ing. Phillips is about 10 years old, and in
the police court OF this city he was found
guilty OF reveling, and took an appeal
Sergeant Hartnett testified today that on
the evening OF April 4th Johnson was
with crowd of boys on the corner of
Transit and East streets shouting and
swearing, and as the defendant seemed to
be the ringleader he arrested him be-
tween 1880 and O'Clock. In cross exami-
nation the sergeant said that johnson
was the biggest boy i'm the crowd. His
testimony was corroborated by other po-
lice officers. At the conclusion of the evil
dence for the prosecution Mr.J. G. Quinn
counsel for the defendant, moved the case
be dismissed because there was no pro-
vision In the statutes for the trial of ap.
peals from the police court In the COM
mon pleas division of the Supreme Court.
Assistant City Solicitor William b.
Greenough argued that Chapter 20 of the
judiciary act provided for the taking of
appeals 10 the common pleas division.
Judge Wilbur sustained this view of the
matter and denied the motion Of Mr..
Quinn.
hlllp -. JOnHSOu, tne uelOnuant, testl-
ned That he was not out Of his house
over five minutes on the night when be
was arrested ana the only thing he did on
that night when out was to play tag. A
number of young boys who were his
playmates sustained his statements and
were positive he did not shout nor swear.
His brother, mother and uncle testified
that Phillip left his home not earlier
than 1880 On the night of April 4th and
was arrested not later than 1886.
The jury brought in verdict OF not
guilty.
John westlake was tried on similar
charge, he having taken an appeal from
the same court. Officer Dow testified that
young Westlnke was on Doulgas avenue
the evening of April %, and had an axe
in his hand, and when he was asked what
he was going TO do with it said: "He
had just as soon kill someone with ii as
not. Westlake, according 20 the officers,
was one of noisy gang of boys that lived
around Douglas avenue and Bernon street,
against whom there We're many COM
plants. Attorney p. II. Mulholland,
counsel for Westlake. very sharply cross,
examined Dow and other witnesses. AS
sistant Solicitor Greenough appeared for
the prosecution.
The city solicitors docket OF this city
was called In the common pleas division.
The following parties who took appeals
from ine CITY courts ala not appear TO
prosecute them; Dennis Shea, Goldie
Kemp, Nettie Burlingame, Annie Con-
molly, Annie Il. Jordan, william johnson,
Julia Kettell, James Mclaughlin, Ellen
Moriarity. Their bail was defaulted.
When the bail of Annie T.. Jordan was
called, Judge Wilbur noticed that Charles
Cohen was her surety, and also recalled
that he was surety for Nettie Burlingame,
so he addressed Assistant City Solicitor
as follows: "I notice that
Charles Cohen's name appears here as
surety. A short time ago he said i'm this
court he was not surety in any cases that
were not settled, so you will now see that
he is prosecuted for the penal sum of the
bond he has given
Mr. Greenough said he would do as re-
quested.
The trial OF the Waterman Cockcroft
case Is still going on. Mrs. Dexter was on
the witness stand all forenoon, and she
read in impressive tones, copies of letters
she had sent her husband when he was i'm
the South. There was large crowd in
the court room. Mr.. Carroll conducted
the cross-examination of Mrs. Dexter.
In the case of William Ii. Ivin VS..
Globe Milling and Reduction i'm re-
script filed today the case is remanded TO
common pleas division with instruc-
tions to enter judgement for the defend
ant