The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-21
MOTION DENIED.
Judge Rogers Refused to
Dismiss.
The N. T., N. n. & n. r. r. Company
Must Appear,
Matters Heard I'm the Appellate Divi-
sion Of the Supreme Court Today.

The trial OF William G. Swinburne, in
dicted for an assault on David T.. Lin
gAhe, was TO have begun this morning, but
Il. 3. Hopkins, counsel for Swinburne,
was excused by the court on account OF
illness, and the trial was postponed until
Friday next.
Judge Rogers this morning denied the
motion made by counsel for the defence
in the case OF Martin Flaherty, admins
traitor, against the New YORK, New
Haven az Hartford Railroad Company,
to dismiss the case and the trial OF the
suit was continued. The taking OF tes-
timony in behalf OF the defendant COM
psny was begun. The witnesses examined
were chiefly experts, an enoeavor being
made 10 show that the tracks at the
slaughter house where Patrick Fleherty
was killed were constructed with due re-
gard TO the safety OF the employees OF the
defendant.
The Swinburne case was the only one
on the attorney generals docket for to-
day. il being expected that this trial of
the case would last until the usual time
for closing the court in the afternoon.
The trial OF criminal cases Will be resumed
tomorrow.
William weedman, indicted for the
| larceny of scrap silver from the Gorham
Manufacturing Company, and in whose
| case the Jury on Friday last disagreed as
| TO the guilt or innocence OF the defend
ant, on account of the plea of insanity set
| up by his counsel, will be tried again on
Monday next.
APPELLATE DIVISION
| The following cases were disposed OF by
| Chief Justice Matteson and. Justice Til
linghast this mornings:
Michael Quinn vs. John T. Farrell, exr:
| DISCONTINUED; no costs. MGuinness *
Doran for plaintiff; Lee d 1iilinghast
| for defendant.
The Westminster Land Company vs..
| Nicola Caldarone. Dismissed without
| costs as to this division and case remitted
| to the common pleas division with direc-
| tion TO enter judgment on the veruict
! McGuinness Il Doran for plaintih; X. w.
\ Burbank for defendant.
! John IA. Carroll vs. Catherine Hayes
| eft al Petition for new trial heard.
| In the following cases rescripts were
| handed down today:
| John A. III. Carroll VS.. Catherine Hayes
ct al. Defendants petition for a new
trial granted unless the plaintih Will re-
| init g71. 35 from the verdict ana take
judgment for siS1. is and costs OF suit IN
common pleas division.
Hugh O'Rourke va Francis IL.
O'Rourke. Plaintiffs petition for
| new trial dismissed.
Peter Il. Kelley ct ais. VS.. stephen A.
Kelley ct ais. Peter b. Kelley appointed
| receiver Of rent and profits OF the estate
and property mentioned in his petition.
SHORT DOCKET.
The number OF civil cases tried by judge
| Sweetland in the civ division OF the
District Court today was not large one
Decisions in the following cases were
given: ,,
jeremiah Costine and wife vs.. William
Glaman. Decision for plaintih for pos
session and costs.
Dewey +. Adams vs. T. Nadeau. Decis
ion for plaintiff for S2o6 and costs
Anthony & Cowell Company vs. Georg'
M. Joslin and wife. Discontinued by
plaintiff as against Alice a. Joslln, and
Judgment given for plaintin sgains
George M. Joslin by default.
John NJ. Brennan VS.. Cornelius O'Brier
and wife. Decision for plaintiff for siO
and costs.
James Kelly VS.. William Dutemple. Set
tied by agreement of parties.