The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-19
THIRDEDITION
3:l5 O'CLOCK.
DALTON AGAIN.
Counsel File Petition For a
New Trial.
Claims Court Had No JuriS-
dictiOn to Try Case.
An Old Woman Seeks Relief --Other
Cases Tried.
An Old Woman Seeks Relief Other
Cases Tried.

Martin Dalton, convicted by jury of
having been guilty, with Yankee" Dan
Sullivan, of the murder OF Anthony S.
Haswell, has through his counsel, John
NJ. Brennan, and Dsnnis J. Holland,
filed petition for new trial. The petit
tion is as follows:
Supreme Court. Common Pleas Division.
State uf Rhode Island,
Providence &c.
State W.. Msrtin Dalton.
And now after verdict comes Martin Dali
ton, the defendant. and prays that a new trial
alleges:
First-That the said common pleas division
OF the Supreme Court had no jurisdiction TO
try him unuer such indictment.
SeconG-Ihat the verdict Is against the evi.
dence and the weight thereof.
TDird-That the court erred in matters Of
a testament OF the evidence in said cause
"a allowed by tho presiding Justice az the
trial thereof, together with the exceptions TO
his rulings, Is hereunto presented as part Of
BY his attorneys.
DESNIs ]. HOLLAND,
JOHN VI. brennan.
The chief ground relied upon by coun-
sci for Dalton is said 10 be that the in
uictnient having been found before the
enactment of the judiciary act is now Of
no effect. The claim Is made that the
judiciary act did not make any provision
for the trial Of indictments pending at the
time OF its passage.
At the trial OF the case before Judge
Wilbur General Brennan took a numi er
OF options, including the admission of
certain statements made by Haswell after
he was fatally injured.
WANTS HER PROPERTY BACK.
Before Chief Justice Matteson and
Jus ices Stiness and 1illinghast a hear
ing Ucs had this morning on the bill in
equity uroue by Margaret Dowd against
John Z. (mty and Mary A. Carty, his
wife.
The complainant, who is an aunt of the
respondent, Mary A. Carty, sets forth IN
her bill that on the nth day of March,
1894, and Tor ,eyeral years previous there
tenement house ana a tot of land on Rob-
inson street, which she had secured by
her habits Of industry and economy.
That telying on the PROVISIONS Of her
neice, Mary a. Carly, which promises
were duly endorsed by the latter's has
band, she transferred the property named
10 them, they promising to pay her $500
in cash and To give her suitable support
as long az she lived The property, ac-
cordIng to Mrs. Dowd, who IS over 20
years Of age, is worth $500 The $500,
the bill states was TO be paid al the ime
of the passing OF the deeds, but has never
yet been Civ to her. The cllim is also
made 10y airs. Dowd that when she made
tie deed she was in very fee ble bodily
hsaltb, unable To write, and that her
mind was weak. She therefore asks that
the deed be declared void and that the
respondents be compelled to render an ac-
count OF the rents ard profits OF said
property and to pay the same to her.
Mrs. Dowd, the complainant, testified
at length, claiming that she had received
only S162 of the purchase money and that
she has not been supported by the re.
spondeutj as she should have BEEN had
they kept their agreement made with
her. She proved very willing witness
and denied on cross examination that she
ever drank intoxicating liquor except IN
sickness.
severM witnesses claimed that Mrs.
Dowd had apparently not received money
for clothing nor sufficient food from the
respondents, as the witnesses had fur
nishei food and clothing TO her very
often.
. In behalf of the respondents, II Is
claimed, Tint Mrs. Dowd transferred the
property 10 them while of sound mind,
that there was no time set for the pay
ment of the full amount Of the purchase
money, but that they offered her a part
OF il. which she re fused and that they
have had a comfortable home ready ell
times for her. They allege It was her own
fault that she did not avail herself of the
sane.
George II. Brown for complairants and
w. III. Gteene and p. j. Mccarthy for re-
spondents.
SAYS MONEY NOT DUE.
The trial of the suit OF James 7. Ban
non against j. q. Hyde to recover 3ll9,
the balance doe for the plumbing Of six
housf S IN East Providence, took place be-
fore Judge Rogers and jury today.
The houses belonged to man naned
Davidson, but Hyde went security for
him. Ire was no dispute that the work
was well done, but Mr.. Hyde claims the
right 10 retain the money in dispute un-
til the town Of East Providence lays water
mains in the street end the plaintiff con-
meets the house piping with the same.
The defendant claims this was part Of
the agreement and the plaintiff denies IL.
n. A. Mckenney was counsel Tor cannon
and g. l.. kneeland represented Hyde.
DISPUTE as TO LENGTH OF HIRING.
An appeal case from the Sixth District
Court occupied the attention OF Judge
Wilbur and jury this m morniny. The par
ties TO the trial were Elizabeth Mitchell
and VI. ;. Battell and wes 10 rec1ver $50
for one months rent OF store at 226 West
minister Street. The defendant claimed he
hired the store for bat one month. while
the pleintin ALLEGES the store was let for
n longer period. The defendant moved
out OF the store on the first OF July, 1885,
and gave no notice Of ~ days 81 his in
tcntion to give up his tenancy and the
plaintlfls have brought this action to re-
cover Tor Toe month of July, 1880.
Bassett & Mitchell rerresented the plain
tih and Charles II. Steafns the defendant.