The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-24
CALLED IT A JOKE
Harry Eaton Sentenced for
Stealing a Bicycle.
Opinion OF Interest to Employees Filed
in Appellate Court Today.
Moran Case in Court Again-Verdict
in Byron Street Nuisance Case.

Before Judge Rogers and a jury was
tried this morning the appeal OF Eliza beth
Moran ana children against the decree OF
the Probate Court, admitting the Will OF
the late Peter Moran TO probate, who
died in May last. BY the terms OF the
will John &. Quinn, Esq, was appointed
administrators, without the requirement
OF giving bonds and il seemed from the
instrument that the late Mr.. Moran had
ideas about the disposition OF his, property
which do not meet with the approval OF
his family.
The appellants endeavored TO prove that
the defendant used undue influence on
the testator to get himself appointed OK
ecutor, and also that Mr.. Moran at the
time of the making OF the will WAS OF un-
sound mind.
There were some very sharp tilts be-
tween Messrs. W. III. Sweetland and Mr.
Irving Champlin, counsel in the case
There has been already much litigat ion
over this estate and executor Quinn has
thus far had the better OF the arugment,a as
his actio i'm certain matters has been APP
proved by the higher court.
This afternoon in Judge Wiibur's court
was begun the trial of Peter Marshall OF
Cum berand, who was indicted for receiv-
ing stolen money. The States witnesses
testify that Peter instigated younger
brother TO 60 to the trunk of one Joseph
Marhsall. who, although bearing the
same family name, is no relation OF either
Peter or his brother, and steal therefrom
four IS bills, two s2 bills and two 81 billie
and that the defendant took the money
so stolen and kept 1t in his possession.
Attorney General Dubois for the State;
Page Il Owen for the defendant.
The jury in the case OF State vs.. Emma
Chace, indicted for keeping a nuisance at
Byron street, this noon brought in q
verdict of guilty with special Bindings.
hat hn afa TN apt dId
keep a place for the illegal sale OF intox-
icating liquors and that her tenement was
q place OF resort for idle and dissolute
persons. 1t is probable that counsel for
defendant will endeavor to get new trial
for their client
Antonio Pasquale, when arraigned this
morning under an indictment charging
with the illegal sale of liquor, pleaded
nolo contendere and sentence was defer
red.
BICYCLE THIEF SENTENCED.
Harry Eaton, who was indicted by the
grand jury in June last and who has since
been out on bail, was brought into court
this morning by his surety. The charge
against Eaton was the stealing OF a bicy-
Gle from Fred s. Phillips. Juoge Wilbur
asked why the defendant took the bicycle
and the latter replied: "It was joke"
His honor then said: "How far did you
60 with it?n 81 drove to Boston," said
Eaton. "That," ssio his honor, "was
carry ing the joke pretty far" Eaton was
sentenced to IL months in Jail.
APPELLATE DIVISION.
Rescripts in the following cases were
fled today:
Edwin Martin, ct ux VS.. Thomas Bent
denied and dismissed and case remitted
to the common pleas division with in
structions to enter judgment on verdict.
Sarah }. Dearden, p. a., vs. John T.
Adams. Assuming that the plai6tiff
was not discharged by the defendants
ment OF her own accord, tho testimony
shows she was minor and therefore not
bound by the contract to give two weeks
notice before quitting the employment OF
the defendant. We are OF the opinion
that she Is entitled to recover under the
general courts, as upon qusntum
meruit, the money dus her, to wit:
S12. IS, that sum being presumptively
what her labor was reasonbiy worth.
"The statute referred to by the plaintiff,
IL such q statute exists, which IL is
claimed entities an empioye discharged
without notice to recover double the
amount due the employe at the time, was
no application, and, moreover, the com
mon pleas division must have found that
she was not discharged and we cannot
reverse that flnding."
Case remitted TO common pleas divis-
ion with direction TO enter judgment for
the plaintiff for s12. 10, with interest
from the date Of the writ ana costs.
PLEAS SUSTAINED.
In an opinion by Till ghsst, justice In
the case OF Watson 4 Newell VS.. Steinan
Brothers, in appellate division of the Su-
preme Court, the demurrer In the case Is
overruled and the plea sustained and case
sent to common pleas division for further
proceedings