The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-28
COURT RECORD.
Continued from Page /.


DEFENDANT WANTS NEW TRIAL.
heaiing was also had on the petition Of
defendant in the case of John G. Conley
against Frank Bryant for new trial The
case, according TO the statement made by de-
PENDANTS attorney, =. IL. Quinn, was origin
ally tried in the fourth judicial district and
on a claim for jury trial went TO the com
mon pleas division Of this court, and came
before the appellate court today. on excep-
tion TO the ruling Of the presiding justice in
the former division. In the District Court
the defendant regularly entered bis appear
ance will, b,-.the statutory time, aud by
m sunderst ndiug as to the time of tiial.
decision Was given TO the plaintiffs. and APP
peal taken before stated. At the trial in
the common pleas division. the defendan
attempted TO introduce matter properly ad.
mssible, bis counsel claim, under the general
issue, and the presiding justice, Judge Doug
lass, ruled il out on tho ground that the
general issue had not been pleaded, and con-
fined the defendant to such matters as might
be shown under the plea Of the statute of
limitations. To this ruling the defendant
excepted Mr.. Quinn called the attention OF
the court today TO the fact that under the
judiciary act, any entrance Of appearance in
a District Court is deemed plea OF the gem
era issue. Under the provision, the defend
ants counsel contends that the presiding
justice erred in the above ruling, and had the
case been tried in the District Court there Is
no question the defendant would have been
permitted to Introduce such testimony. The
question is, counsel contends. whether by
taking an appeal to higher body he loses
any of his rights. The defendant offered 60
introduce at the trial testimony as to tho
ilegality Of the debt but Mas restricted by
the court to the new promise or points raised
by Il.
John J. Arnold. counsel for the plaintiff,
argued that the defendant s petition advanced
no substantial ground for new trial. and that
tho Judge who presiGed at the former trial
was the hest judge of the competency Of Ger.
tain evidence.
The court hold the matter for advisemont
DEFENDANT SETTLED.
The case of Henry Cairns ". Myor Silver
stein. which was TO have been heard today on
defendants petition for new trial. was set
tied previous 10 the opening of the courr.
The plaintiff recovered a verdict Of $3.50 in
the common pleas division for the value Of a
horse that the defendant had driven to New.
port on September 60 1893, and 50 roughly
used that it died. Silverstein bired a turnout
TO go to Elmwood, hut drove TO the city
named, whore he was fined for cruelty TO
animals. and left the carriage and harness OF
tho plaintiffs
e. l.. Kneeland was the plaintiffs attorney,
COVENTRY TOWN COUNCIL TRUSTEES.
a decree was entered in the appellate divi-
sion of the Supreme Court today on the peii'
tion of George 4. Paine, executor Of the viii
of Horatio N. Waterman, ordering that the
petitioner convey and transfer 10 the Town
Council of Coventry the securities and invest.
mouts in said petition mentioned. TO be hold
by said Council and their successors upon the
trusts created by said will. This order is
made without prejudice to the rights Of
parties interested in said estate. including the
said executor.