The Providence news. (Providence [R.I.]) 1891-1906, 1895-04-01
HEARD IN COURT.
The Cranston Car Assault
Case Settled.
Suit For Damages Against City Of
Pawtuckei on Trial.

In Judge Wilbur's division OF the Su-
preme Court today, Leroy Ellis, who was
indicted for an assault on George Apply,
q motorman on the Cranston cars, re-
tracted his former plea of not guilty in
court today and entered one of nolo con-
tendere. His attorney, f. =. Owen, read
a petition to the Attorney General by the
neig bors OF the defendant, reciting
the previous good conduct OF Ellis and
asking tina. light sentence be imposed.
Mr.. Owen said there was considerable
provocation given by Apply for the as
sault. 1t is alleged that Apply made
some very unpleasant statements about
a member of the defendants family
and it was because of these statements
that Ellis went TO a barn In Cranston,
where Apply was, and struck him with
q club. The Attorney General had moth
ing to say against Ellis, and the court i'm
posed a fine Of s25 and costs.
Walter Mullen, who was on trial Satur-
day for larceny, was found guilty this
morning. Sentence was deferred for one
week.
Benjamin Connors, indicted at the pres
ent term of the court for maintaining
nuisance, today retracted bis previous
plea of not guilty, and on his plea OF
nolo contendere, sentence was deferred.
Norbert Letendre was today on trial for
adultery, alleged to have been committed
with one Bella Emon, alias Jane Roe, OF
Central Falls. The case was a hard one
for Attorney General Dubois, ow-
ing to the inability OF the main
witnesses to understand the questions
put to them. w. Il. Tanner appeared for
the defendant and made a motion 70
auash the indictment because the lam
guage employed did not clearly show
that Letendre had a wife living, the
language used merely describing
the defendant ms the husband of
one Aurora Letendre and accusing him OF
the crime of adultery with one Bella EN-
mon. Mr.. Tanner cited the opinion of
c. j. Shaw, in a Massachusetts, case, to
show the certainty required in criminal
pleading, and said the form used for the
present indictment was an unusual one.
Attorney General Dubois defended the
form of the indictment, say
ing il was shorter than the one formerly
used, but 1t was a sufficient statement of
the offense.
Judge Wilbur, after carefully consider
ing the notion decided that the indict-
ment should stand.
Before Judge Rogers this morning
the city OF Pawtucket for $500
damages for dispossessing him of his oc-
cupancy OF a store at the corner of Lum-
Der street and East avenue was up for
trial. Charles Il. German and Peter j.
Quinn are the attorneys for the plain
tiff and City Solicitor Barnefield of
Pawtucket represented the defendant. A
motion for a non suit was made by coun-
sci for the defendant on the ground that
the plaintiff had not a sufficient interest
in the premises to recover any demage.
The motion was denied.
Appellate Division.
The following assignments were made
in this division today:
Petition for a new triol, Charles G. Duffy
vs.. ID. l.. ID. Granger; Michael Lubrano Va.
Wood, Harmon a Co.; April IL. Equity
w. B. Beach vs. George n. Bullock ct al,
for April 10; American National Bank VS..
American Wood Paper Company, April %;
James II. Morrissey VS.. Providence Tele-
gram Publishing Company, April 10; Asa
| H. Richmond ct ux VS.. William Loeb.
There ere no cases assigned for trial in
| this court either tomorrow or Wednes-
day.
District Court.
Irons & Russell VS.. A. b. Kapp De-
cision for the plaintiffs for $4,000 and
| costs.
jeremiah O'Sullivan VS.. Daniel A.
| Wright and wife. Decision for plaintiff
| for ;265.
Pawtucket Roofing Company vs.. Josiah
| A. Whaley. Decision for the plaintiff for
| sl3s.55 by submission OF the defendant.
Mary j. Johnson va. John 4. Johnson.
| Decision for the plaintiff for s26 and
costs.
John T.. Brant vs.. Union Railroad Com
psny. Decision for plaintiff for $500 and
1 costs.
John Giles vs.. Union Railroad Company,
Decision for plaintiff for $500.
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