The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-18
aired IN COURT.
A Highway Surveyors Trou-
bles in Glocester.
Irving 3. Hawkins Found Guilty OF
Assault on W. P. BurIingams.
Trial of Big Suit Against N. ", n. IL.
a. II. Railroad Begun.

The trial OF Irving b. Hawkins. prop
erty owner of the town of Glocester, for
an assault and battery alleged TO have been
committed on highway surveyor William
Il. Burlingame OF the same town, caused
much amusement in court this monring,
and there were some interesting develop
ments in the case. One of the witnesses
for the State, named Steere when cross ex-
smined b Hon. Franklin r. Owen, coun-
sci for tue defendant, proved he had as
good voice as the ex-State Senator, and
also that he could return very pert an
swers TO the questions of searching ma
ture put to him by the defendants legal
protector. Mr.. Burlingsme was the first
witness for the State, and he testified
that he was highway surveyor of District
IA in the town of Glocester, and on
June 26 be was taking loam from lot
owned by the defendant which did not
have dwelling house upon 1t, nor was
the lot used as cemetery or place OF
burial for the dead, and between O'Clock
and o'clock in the afternoon the defend
ant called out to him in these words:
"You haze no permisson to take dirt
there" to which he replied that no per-
mission was necessary. Burlingame testi-
fled that as he was STOPPING down to re-
move bar that was in his way Hawkins
struck him with a stick of wood three
feet In length, and which had a number
of knots in il, causing the breaking OF the
skin on the right arm of the witness and
raising bunch there.
A resident OF the same town. named
Steere was the next witness and be cor
roborated the testimony of Mr.. Burlin-
game and testified that he heard the con-
versation between Mr.. Burlingame and
the defendant, and saw the blow struck
by the latter from behind q hedge. He
created great deal of laughter in reply
| to Mr.. Owens, who wanted TO know how
large the hedge was, by saying: "It's
about as tall as you are. and rs thick as
a dogs hair The witness made other
efforts to be facetious. There were other
witnesses who testified in support of the
charge made in the Indictment
Mr. Hawkins took the witness stand n
his own behalf and testified to some
things which were very much al variance
with the proceedings on the day of the
assault, as testified to by the States wit
nesses. He said that when he told Burlin-
game not to take any dirt from
his lot the latter replied
he would take all he wanted even il 1t
| was at Hawkins doorstep, This remark,
the witness stated, exasperated him., and
he ordered the town official off his
l premises as well as the sons OF toll he had
| with him, and that be struck Burlin-
game with stick, but not the club three
| feet in length and knotty, that the State
claims the surveyor was struck with, but
one so small that ii broke when 1t touch
| ed the arm of Burlingame. After this
Hawkins claims that Burlingame grabbed
| him by the arm and district workman
caught him by the throat and nearly
choked him to death, and that the two
men only let him 60 when they saw his
| son coming to his assistance.
! Hawkins was asked by MIR. Owen II he
could swear that Burlingame, who had
testified in this cases was the William r.
Burlingsme, who had pleaded guilty and
had been sentenced for burglary.
Attorney General Dubois objected to
this question and Mr.. Owen withdrew il
saying he would prove the fact in another
way.
After brief cross-examinatiorh OF the
defendant by the Attorney General Mr..
Owen offered i'm evidence an indictment
found by the grand jury at .the Decem-
Der term OF the court in 1873 charging
william Z. Burlingame with burglary in
having entered the dwelling house OF
Horace l.. Stcere and stolen property be-
longing TO Ellen NJ Steere, the endorse
ment on the indictment showing that
Burlingame pleaded guilty to the charge
and was sentenced 10 jail on December 81
for five years.
| Mr.. Hawkins. on being recalled TO the
witness stand testified that the Burlln-
game, who had testified in this case, was
the party referred 10 in the indictment.
| Mr.. Owen l N his closing argument 10
the Jury dwolt upon the fact that the de-
fendant was evidently laboring under
the impression that be had n right 10
order the men of his land. lie also re-
| ferred TO the character OF the govern
ment's witness i'm sarcastic terms.
The Attorney General dwelt on me fact
that since 1888 Mr.. Burlingame had led
reputable life and that bis testimony was
corroborated by other witnesses.
The Jury were out but short time and
brought in verdict OF guilty.
Mr.. Owens requested the court TO make
certain charges to the jury, but Judge
Wilbur denied them and exceptions were
taken. and effort 10 obta.D a new trial will
probably be made.
Victor Pauohaud indicted for Fan as
sault and battery committed at Woon
socket, pleaded nolo contendere, and sem
| tence wns deferred.