The Providence news. (Providence [R.I.]) 1891-1906, 1896-08-18
LuptOn'S Case to Go Before
the Grand Jury.
Story of Killing of Burgess
Child Told in Court.
Driver Found Probably Guilty--Em-
ployer Furnishes Bail.

Lupton, teamster empoyed Dy Charles
". Weaver, who ran over and killed Mary
Burgess on Brook street on the afternoon
OF Aug. Z. Lupton was found probably
guilty and bail was fixed in the sum of
$1,000 for his appearance before the grand
Jury, which was furnished by Mr..
Weaver, his employer.
Mr.. A. Baker was counsel for the de-
fence and Assistant Attorney General III.
c. Debois for the State.
The first three witnesses, Mrs. Annie
Foley, Della McAndrews and Franklin
Bliss of East Providence gave
evidence to the effect that Mary Burgess,
the year and half old girl, was sitting
in the roadway on the left hand side OF
the street when Lupton drove through
with a heavy wagon and team of lively
horses at slow rate of speed. Iupton
was paying considerable attention to his
team when he ran over the child. Wit
nesses stated that the child was knocked
over by the hoof Of one OF the horses and
then run over by the front wheel of the
wagon. Lupton stopped only long
enough to have the child removed by
John, the eight-yesr-old brother of the
child and tnen he drove on.
Medical Examiner Jay Perkins, the next
witness stated that he made a thorough
examination of the body which ne
found upon the third floor of IL Brook
street, and as result OF his investiga-
tion gave out the statement that the
child had died from injuries received
about the base Of the skull and head
due 10 the pressure of the heavy wheel
tire upon it. II the child had been
kicked in the head and toppled over by
the hoof or one OF the horses, as previ-
ously stated by the witnesses, Medical
Examiner Perkins could find no trace of
1t. Such could have been the case,
though, and the marks entirely elimi-
Charles III. Weaver, Charles l.. Potter
and Mr.. Wood, previous employers of
Lupton, testified that the latter had al
ways proven to be entirely satisfactory
rs teamster and they regarded him as
one of the most careful and reliable
drivers in their employ.
Lupton was then put upon the stand
in his own defence a-d told his story to
tho effect that while driving through
Brook street he had all he could attend
to in looking after his horses VIII ch
were fresh from two or three days rest
and consequently were quite lively. On
the opposite side Of the street from No.
II is an open lot where several children
were playing tag and he kept his eyes
upon them as much as possible lest one
should run out in front of the team.
Naturally he did not see the babe sitting
the fact that he had run over her
until he heard Mrs. Folev's shouts. He
mmediately stopped and looking over
the side OF the wagon saw the head OF
The child pressed 10 the earth by the hin d
wheel. He backed off bit, and after the
infant mad been removed went on his
way to the stable where he reported the
accident TO Foreman Willis Gross. lie
was intending TO go back and investigate
the affair when he was arrested.
Mr.. Gross corroborsted his statement.
John Dunn, switchman at the Orlns
street tower, also testified.
The case OF Richard Dougnerty, charged
with assaulting William shallcross on
Teuner avenue on the afternoon of Aug.
8. was heard. 1he case was one in
which Sunday beer, pl cnty OF stones and
fisticuffs figured more or less consric-
uously.
The men had been in a saloon and ac-
cording to Dougherty's statement, nine
OF them drank 10 gallons OF beer. II
was a pretty good yarn and the court en-
joyed n smile at the statement which was
no douot the result of the nervousness
due to the defendant being on the stand.
However, 1t was stated that Shall
cross bad taunted Dougherty about
being "firod" from the saloon and the
latter struck him and then ran. Shall
cross followed and the defendant gept
him at bay with stones till he reached
his home.
shallcross had a nasty bruise under his
right eye, which he said was caused by
being struck by one OF the stones.
Dougherty states otherwise. claiming II
was the result OF falling down during
the chase.
Judge Sweetand found the prisoner
PROBABLY guilty and bound him over
to the grand jury in the sum Of $500.
Frank Conley was found guilty OF as
saulting Sarah Reefe and bound over to
the grand jury in the sum OF 300.
James Rogers, fos breaking and enter.
ing the home OF William Doyle was held