The Providence news. (Providence [R.I.]) 1891-1906, 1895-12-16
SENTENCED.
Prisoners Plead NOlO Con-
tendere.
A Horse Thief Sent to Jail
for Three Years.

dIctment. William was charged with
having stolen a gun valued st S4O, the
property of his former employer, Thomas
Lee, a stable keeper of the city named.
According to the story Of Lee Burns was
working around his stable on August 13
when tie gun was stolen and took the
missing article from over harness case
in the office. Lee, il seems, was little
suspicious OF Burns and followed him
about and claims TO have found part Of
the gun where the prisoner is alleged to
have hid il. He was sharply cross-ex-
amined by George ii. Huddy, Jr., coun-
sci for Burns and admitted that he sus-
pected the latter had stolen some clip
pers and kept a close watch on the
prisoner on this account.
The defendant, who ia cripple, testified
that the gun was stolen by man who
hung around the stables whose name was
Fisher and that he, Burns, discovered the
y theft and was about TO report IL when
Mr.. Lee found him with the missing
article. The jury found the prisoner
guilty and Judge Wilbur sentenced him
TO IL months in jail.
William A. Barker, who was indicted
for stealing a horse, harness and wagon
OF the value OF sllS from Fred o. Gard
liner of this city, retracted his former plea
OF not guilty and pleaded nolo conten-
dere. Mr.. Gardiner left his horse stand
ing in the street and Williams drove 1t
to Fall River, where he was arrested.
He was sent to Jail for IL months.
For a somewhat longer period OF time
than three years it is probable Charles +.
McWeeney will reside at the State prison.
rfe stole a horse, wagon, harness, and
robes, all worth about s7i0. 1t seems
McWeeney when he stole the articles
named had just been out OF jail 3S days
and detective swan gave him bad re-
cord. McWeeney had rotracted his
former plea OF not guilty and pleaded
nolo contendere, but Judge Wilbur sent
him TO prison for the time before named.
Stephen Rogers, aged 30 years, re-
tracted mis- former plea of not guilty to
two indictmentsy charging him with
breaking and entering in the night time
the stores OF Peter Bogue and Is. 4. Len
non in Pawtucket and tho stealing of
cigars and liquors in the former stop ana
OF two silver dollars in the latter one.
II was Stephens generosity that led TO
his arrest as he gave police officer
cigar and as recommendation Tor the
same told how he got ii. Judge Wilbur
sentenced Rogers to Jail for nine mon tbs
on each Indictment, the sentences TO
run concurrertly.
NoN-sUrT GRANTED.
Before Judge Rogers, and jury was
\ tried the suit of Thomas Murphy OF Cen
trail Falls, against Peter Germain, pro-
/. prietor of the Hotel Lincoln. OF the same
/, city. Murphy alleges that Germain and
alleged theft of S14.S0 from the money
drawer IN the hotel bsrroom ON Sunday
evening, July %, of this year. The plain
tiff testified that he was in Germans sa-
loon three times on the Sunday in ques-
tion, and that shortly after he came out
the last time officer Sylvester arrested
him, stating he did so because Germain
and his bartender accused him of theft
Murphy also testified that the money he
had in his pocket was money he he'd
eanred as stone mason; that when ar
rested he was locked up in the police sta
tiou, taken the next day TO Cranston,
brought back the next day and kept con-
\ fined at either place for week, and then
discharged without a trial. For the de-
privstion of his liberty and the injury to
his reputation Murphy asks $4,000 DANA
ges
the plaintjff Joseph Osfield, counsel for
the defendant, asked for non-suit on
the grounds that the action brought was
one of trespass vi et arms, ana that no
force being shown,a as used by he plaintiff
or his agent, an action of the case for
malicious prosecution should have been
brought.
ii. j. Carroll, counsel for plaintiff, ar
gued that either an action on the case for
trespass might be brought by one falsely
arrested.
Judge Rogers consented 10 Mr. Carroll's
Police Goldsmith OF Central Falls was
called. He testified that GermRin knsw
nothing OF the arrest of Murphy until
after it was made.
The court then granted Mr.. Osteld's
motion.
This case was tried before what Judge
Rogers called "a bob-tailed Jury" be-
cause there were only six men on it. His
honor quoted a Florida authority in sup
port OF his designation OF the jury.
APPELLATE DIVISION.
Long arguments were made in this di-
vision OF the court today on the defend
ants petition for a new trial in the cases
3 OF Martha ID. Knowles and Others against
the city OF Providence in the matter OF
damages for land taken in the widening
OF Washington street.
The defendants contend that the Jury
award OF damages to the plaintiffs was
IN excessive one.
Irving Champlin for plaintiffs and City
Solicitor Colwell and assistant city soli-
citor Baker for defendant.
In an opinion on demurrer led by Chief
Justice Mstteson in the case OF the Nor
ris-Jewell Filtration Company against
the Provence Telegram Publishing Com
r pany, the msjoriiy OF the court overrules
+ the demurrer holding the language used
IN criticism OF the plaintiffs system of
Dltrarion IN newspaper publihesd bv
the defendants was not a privileged pub
ljcation, but only partially so. The case
IL therefore sent back 10 the common
pleas division.
MIR. Justice Stiness dissents from the
opinion OF his colleagues as to the libel
Gus nature OF the article published.
An opinion in the case OF Peter G. Rob
tnson ". Samuel G. Barton, Newport par
lies, the court holds that the eviaence
shows that the deceased whose represeu.
niyes bring the present suit, was aware
OF the transfer OF mortgages made bv his
1gent George A. Hammett. and took
300 that was In ban K As the surplus left
fter the mortgages were discharged and
hat his representatives. cannot now bring
an seton TO have such settlements set
aside.
Abcar.Dg as also had on the defecd.
ants pstition for q new trial in the case
Of Nelson Morris q Company vs.. Nathan
4 A. Fitcn T.. :. Hopkins for the plaintiff,
Pegrfm & Cook for defendants.
VERDICT FOR PLAINTIFF
The Jury In the case OF Louis LLOYD W.
Xnrrhrrf a. IIOvd this poon krouChf Ia,