The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-16
AN EMPLOYER SUED.
TOher Claims Jeweller Etlinger
Severely Assaulted Him.
Final Draw In an East Providence
Poker Game.

Before Judge Wilbur and jury was
tried today the suit OF James B. Toher
of Pawtucket against his former en-
ployer, Il. j. Etlinger of this city.
The plaintiff wants $1,000 damages for
an assault he alleges the defendant COM
mitted on him on the 18th day OF Febru-
ary last at Etlipger's jewelry shop.
To her testified that OH the morning OF
the day named Mr.. Etlinger came
into his room and used abusive Ian
guage. This the plaintiff said made
him feel bad, so he took his gold and
silver worker to the Office and went TO get
his coat. When he had one arm in his
coat sleeve, according to Toher's story,
Etlinger hit him with his hands around
the cheeks, then butted him with his
head aound the upper part OF the body,
and also pushed him against the sharp
cage OF q saw Dust box.
During the trouble Toher claims he
asked Etlinger not to kill him, and the
latter said he guessed he would, but after
ward changed his mind and simply put
the plaintiff out OF the shop.
DIR. Kellther of Pawtucket testified that
he treated the plaintiff for injuries 10 his
mouth, back and side and that he found
the capsule of the liver inju jured.
A witness named Brtwistle testified he
formerly worked for Etlinger and called
on him the day after the assault and he.
witness, was told bv Etlinger that he
WOULD be fixed as oher had been.
The defendant testified that the trouble
was begun by Toher and oil he, witness,
did was to put the plaintiff out of his
shop. On cross examination he said hat
Toher must have obtained his injuries by
knocking against the machinery in the
shop.
1he jury gave the plaintiff a verdict
for So16 and cOste
Joseph Osield was attorney for the
plaintiff and Cook d Angel represented
the defendant.
1T WILL BE LONG TRIAL.
The dispute over the last will OF the
late Albert Weaver continues to hold the
attention of Judge Rogers ana jury,
and X Is probable that at least the re-
meinder OF this week will be taken up
in the trial OF the case. Today testimony
was introduced by the appellants TO
prove that the late Mr.. Weaver for two
years previous to his death, was not OF a
sound and disposing mind and one of Mr..
Weaver's daughters testified that his
mother was subject to sts OF insanity.
CRIMINAL DOCKET TOMORROW.
Tomorrow morning the trial OF incict-
ments found by the grand jury that re-
ported yesterday will be begun. Those
parties that have been indicted and are
tried. Yesterday an unusually large
number OF prisoners pleaded either guilty
or nolo contendere. r.. Dew. O'Connor
has been appointed by the coutt to nct es
counsel for prisoners who are unable 10
engage counsel.
THE THoyPsoN's FINED.
JUDGE Wilbur today sentenced Henry
aud Benjamin Thomson, who were
found guilty OF an assault on William
Shackford about month ago, to nav n
ijne OF SS5 eoch eDd costs. The latter. il
is intimated, will. amount to about 500
in each case.
The trouble which led to the arrest OF
the Thompsons originated at a poker
came played In Riverside barn. One OF
the defendants was formerly nurse in
the Jniteu States Army. and the assault
took place about n year ago.
DEMURRER ovERRULED.
Chief Justice Hatteson has overruled
the dcriurrer IN tho case of Amas-p,
Palmer against Alphonse Deslauriers and
Others. A number of points raised in the
case are not passed upon Dy the court i'm
the opinion iiled today.
SHERRY SCORES POINT.
The Appellate court today decided that
the bin In equity filed by Louis Sherry OF
Narrnganrett Pier against Wakefield In
stituuon for -avings makes cut n good
case for relief aud overruled tho defend
aut's demurrer.