The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-13
Gardner Claims to Have
Owned the Horse.
~
Mixed Testimony AS to the
Relations @sTwo Men.
DR.. Newell Wants More Money Than
Was Awarded for His Land.

ter OF 100 Bacon street, not only In
sisted on pleading not guilty this morn
Ing TO the charge against him, but boldly
claimed at his trial that the horse was
his. The testimony introduced at the
trial became very much mixed and At
torney Robert w. Burbank caused much
amusement by his handling OF the wit
nesses In fav,r of the prosecution, some
of whom seemed TO be more than willing
to give pretty lengthy replies to pretty
pointed questions.
The chief witness for the State was Mr..
Potter, the owner OF the horse alleged to
have been stolen, who keeps jewelry
store on North Main street, near Mill
street. He testified that on last Me-
thanics' day, or, as he explained 1t, on
the day that the Order of American Me-
chanics went down river last summer,
which was the 31st OF July, a horse that
he valued at $75 was taken from his barn
by the defendant. The latter had prom
ised to meet him and his family, with
whom he boarded, at either Rocky Point
or Crescent Park and spend the day In
happy manner. Gardner did not show
up at either place and the full cup OF the
days pleasure was spoilt for Potter when
he arrived home and found his horse
gone. This animal had been bought from
Michael A. Mooney.
About i've days after the day OF the
excursion Potter saw his horse In the
DO5StsslOu OTu iuuu 10 WuO u ~ CiuiHucu
Gardner sold him for $50 and Potter made
this man pay s45 more for the anima al,
claiming, of course, that Gardner had no
right TO sell him. Tne animal. Potter
stated. was worth S10U, but he thought 1t
would be too hard on the man In whose
possession the animal was found to re-
quire him to pay that sum for him when
the man had already paid Gardner $50.
Mr.. Potter did not meet Gardner from
the time they planned for the day OF
pleasure at the shore in July until six
months after and then he met him at the
Central station to which place Gardner
had been brought from Fall River by De-
tective Merrill.
On Gross examination witness told Mr..
Burbank that he had purchased two
horses and night soil wagon In order
that Mr.. Gardner might GO into business.
For this outfit he paid $3.50 and Gardner
was to repay that sum; this he claimed
he never repaid, but also owes S10O for
board. A number of other business tran
sactions between the two men were enter
tainingly aired and witness admitted the
insurance bill for insuring the property
had been turned over to Gardner. But
both these horses died and then Potter
was asked by Mr.. Burbank to tell the
story OF the purchase OF the stolen steed
from Mr.. Meaney. He said he was sick at
the time aud gave Mr.. Gray part of the
money and Mr.. Gardner the rest to pay for
the stolen animal which cost s45. He in
sisted that he owned the horse alleged to
have been stolen.
Burness Gray, partner OF Mr.. Pot
tres, said that Mr.. Gardner had brought
Meaney into the jewelry shop, while Pot
ter was sick and he. Gray, paid $40 aud
Gardner $50 and then Mr.. Meaney gave
bill of sale of the animal In Mr.. Potter's
name. Tho alleged bill of sale, which
was simple statement that Mr.. Meaney
y,aI atxvad q Ar pett fAr
horse was signed by the former with q
rubber stamp.
On cross examination witness did not
remember whether Mr.. Meaney or Mr..
Gardner spoke first when they came into
the store.
Michael A. Meaney testified that Gard
ner had been to see him three times about
the purchase OF certain horse, bnt that
he had sold the same and on April nth
witness. having got horse that he sold
to'a Fruit ll.farmer eight years before,
. offered the same to Gardner Before do
Ing so he said, speaking OF the horse, that
Al would be good one for Potter to own.
Later in the day Gardner came and paid
him $40 and between 3 -and O'Clock in
the evening he went to MIR. Potter's store,
where Mr.. Gray paid him s35.
This witness was sure on cross exam ina
tion that 1t was Gray who paid the $50,
and that before paying II he laid 1t In the
had previously sworn that Gardner paid
tho s35 and he the $40. bur the witness
was sure such could not have been the
case. He had not been told bv Potter
that the horse was his, nor had he toli
third party that Gardner had bought the
horse put Potter paid for it and he, Mes.
ney, thought as the money was furnished
by Potter be should have the animel.
The defendant testified he bought the
horse on his account and paid for the
same'and got Sl0 fgom Mr.. Gray on Pot
ter's order to purchase grain for it and
another horse he owned. He denied do
ing anything he had not the right to do
in the case. Attorney General Il. G. Du-
bois for the State and Robert w. Bur-
bank for the defendant
Charles Bird, Indicted for an assault
with dangerous weapon Mt PGwtucket,
failed to appear for trial today and his
recognisance was oefaulted.
STATE NORMAL SCHOOL LANDS
The appeal OF DIR. Timothy Newell from
the award made by the commissioners
on the condemnation of lands for Normal
School purposes was heard before Judge
Rogers In the common pleas division of
the Supreme Court. DR.. Newell was
allowed by the commissioners $ld, ,02S 90
for his property, which consisted OF q
home and good sized lot of land on Lin
coin street which he valued far more
than tie sum given him.
Lycurgus Sayles and J. A. Williams are
attorneys for DR.. Newell and Walter +.
Angel represents the State.
JUDGE DOUGLASS TAKES JUDGE wILBUR's 8
PLACE.
Judge Wilbur. at the conclusion OF
The trial of Walter NJ. Gardner this after
noon, was succeeded on the bench IN the
common pleas division by Judge Doug
lass, who will probably preside over the
trial OF criminal cases until the pending
indictments are disposed OF. The seri-
Gus illness OF the wife oil Judge Wilbur at
his home In Woonsocket, has meue IL
necessary for him to pe with her constant
Iy, as 1t is feared her chances OF recov-
cry are small.
Court Calendar for Thursday.