The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-29
Gift of Cigarettes Causes
Much Trouble.
Novel Point in Aylsw0rth Suit
Against Curtis.
''nly Nominal Damages GIven--De-
fendants We're Acquitted.

The case of Hiram B. 'Aylsworth VS..
Lincoln Curtis was before the appellate
division OF the Supreme Court on de-
murrer, the defendant claiming that
the action was not one that survived the
death OF the plaintiff
The suit is to recover s17, 900 under the
statutes OF the State giving person who
has had money stolen from them right
to recover twice the amount of money so
stolen after the party has been convicted.
The defendant in this case, 1t is alleged,
in the plaintiffs declaration took $500
from the plaintiff snd was In the comm on
pleas court convicted and punished for
his crime.
Cierenoe A. Aldrich, counsel for the
plaintiff, claimed that the defendant was
convicted OF larceny and that the ques-
tion involved was as to whether or not
the statute under which the action was
brought was a remedial or penal one. He
stated that In the former the action sur
vived but In the latter the action, he ad-
mitted, ceased at the death of the plain
tiff the distinction between the two be-
ing that the former gives relief to the
parties grieved, the latter imposes penal
ties upon offences commit ed. He argued
that the statute was one in which relief
Noo bNth W party tohoSSN oha Wuo
not test action.
John It. Blodgett. with whom was as
ISOLATED Louis +. Angel, contended
that the action did not survive and cited
several cases In support of his claim that
thesaction was practically test one and
in that case according to the decision of
the court in the case of Norris VS.. Sprague
the action did not survive
The court reserved its decision.
r-tr,. m xrr-ru a, . ,,.u,> r,rp rpor,,,r
Tie mucn abused and generally condem-
ned cigarette figured in the trial of an iu-
dictment for assault with a dangerous
weapon in Judge wilbur's court this
morning. The party on trial was Madrios
BarsaniHn, and he was accused OF hav.
ing cut one Kivoork X ririon on the hands
on Nov. Sd at Woonsocket. The cutting
took place in an Armenian restaurant.
Mladios offered to the girl some cigar
etts and this dfspleased kivoork, whereat,
IL Is alleged. the prisoner drew a sharp
knife, several inches long and cut KIvoork.
There was street row after the cutting
sDd both men were arrested for creating
disturbance,
The testimony in behalf OF the defence
was 10 the effect that the defendant was
first assaulted by K+reeek twice, thrown
down and that the latter only used a
table knife and very slightly injured
Kivoock.
Attorneys General DUBOIS for the State
and Walter II. Angel for the defendant.
ONLY NOMINAL DAMAGES GIVEN.
A rescript has Seen filed In the case OF
c. Warren Tuttle va Abraham Crowell,
allowing one dollar damages without
costs.
DIVORCE AND ALIMoNY.
In the divorce matter Of Amanda A.
Blackmar VS. Charles X Backmar the
appellate court today granted the divorce
household furniture and six dollars a
week alimony.
VERDICT OF NOT GUILTY.
The jury in the case of John. j. Murray
and Stephen Lyons tried yesterday for
stealing two pairs OF shoes from the New
York, New Haven Il Hartford Railroad
brought in verdict finding the defend
ants not guilty rs charged in joint indict-
n'ent against them.
NcANTaE PLAISTIFF RBcovER2
The case of Crawford M. Fairbanks
against Dr. A. A. Mann was tries before
the appellate court today on plaintiffs
petition for a new trial he having been
non-suited in the lower court.
MINOR COURT MATTERS.
George Blake and wife vs. Lawrence
v. smith heard on defendants demurrer
the plaintiffs declaration. The ground
II the demurrer is that the words
lleged 10 be slanderous are not actions-
Jle unless special 6aamge is alleged.
The jury in the case OF John It. Cottrell
against Mrs. Ample Campbell this after
noon brought IN verdict for the plain
tiff 70 s209.
rs,ox L.