The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-13
E. j. Dean Found Guilty Of
Illegal Sale of Liquor.
His Counsel Claim Complaint
Was Wr0ngfully Made.
ARapid Witness--Many Parties Have
Their Recognizances Defaulted.

Wilbur and jury today on a charge of bav-
ing sold Intoxicating liquors illegally. The
testimony showed that police officer Albert
Il. Wixon purchased a dozen bottles Of lager
beer at Deans place on Atwells avenue. and
took them in buggy to the Fourth police
station. officer Rooney accompanied Wixon.
In answer 20 questions by Mr. owen, counsel
for the defendant. officer Nixon stated that
the money with which the liquor was pur-
chased was furnished by Captain Marston.
Ths latter testified that the stuff purchased
was lager
The defendant offered no testimony. but his
counsel claimed that the liquor had been sold
10 Captain Marston and not TO Wixon, rs
charged in the indictment. Judge Wilbur
overruled a motion 20 quash the complaint.
aud the jury brought in a verdict Of guilty.
A new tria! will be asked for on the or ounds
that Capain Marston was the party tho liquor
was sold to. he having furnished the money.
and the error Of the judge in not quashing
the complaint
The Attorney Generals docket Of criminal
appeals was called this morning in Judge
wilbur's court. and a large number of defend
ants failing TO appear their recognizances
were defaulted.
STILL TAKING TESTIMONY.
The ecross.examination of Mrs. Angel opened
the hearing on the appeal Of certain heirs
from the decision Of the Municipal Court. ad-
mitting TO probate an instrument purporting
TO be the last will aud testament Of Judge Eli
Aylsworth today.
in answer to questions by Mr.. Aldrich, wit
ness denied ever having been in favor of the
breaking OF the will of the deceased. she
admitted. though, that there was dissatisfac.
tion expressed by the heirs with the will.
and said the heirs were under hypnotic iniu.
ence. The late Hiram b. Aylsworth was the
main factor in urging the breaking OF tho
will. A paper was here introduced expressing
the disapproval Of the heirs with the will.
Mrs. Augusta ID. Aylsworth, widow OF
Henry =. Aylsworth, stated that after her
husbands death in 1889 the judge had assisted
her and her son. and had also. after Curtis
Aylsworth's death, told her he would look out
for her in his will. Was present at the recep-
tion. and heard the judge reply TO the bank
directors that the success of the bank was due
as much TO them as il was 10 himself. He had
a bright word for every one there TINT night.
The witness said that the judges converse
tion never showed any childishness.
In regard to the signing OF protest by the
family, she said she had signed the paper of
protest without reading il, -lsnnlxina- what
provision the will made for her son, Eli.
Hiram y. Aylsworth had told her the will
was an unjust one. and that her son. Ell,
would have TO earn his own living.
The witness was cross.examined by Mr..
Aldrich. She said her husbaLd left her no
money. and she was dependent on the judge
for her support, and also the support of her
son. Did not know why the amoInt to be
paid to her son was cut down from $3.50 to
$500 a year.
This witness created much amusement by
the rap:dity she displayed in answering the
questions of counsel
Benjamin +. Harrington testified that he
had seen Judge Aylsworth in 1893, and had
many talks with him, and the Judge seemed
TO be all right. The talks were in regard to
renting tenements aud the investment OF
money.
Thomas c. Greene, attorney, testified in re-
gard to the time a copy of the will was sub
mitted TO Judge Aylsworth before he signed
IL, and was cross-examined by Mr.. Brown as
TO whether fho draft oi the will was made
before or after Janaury 4, 1892.
After the noon recess to-day Miss Rachael c.
Aylsworth, a granddaughter Of Judge Ayls-
worth was the first witness She testified TO
having visited her grandfa ther nearly every
day after her father. Curtis Aylswortb, had
died. Was at the reception given by her
grandfather TO his grandchildren and great
grandchildren and remembered the passing
out of silver dollars. She was also present in
the afternoon, but did not remember any
thing the deceased said 20 her. In cross
examination b. Mr.. Aldrich witness stated
she had read the newspaper TO her grand
father, sometimes in the morning and some
times after school. Did not know whether the
papers she read TO the deceased in the after
noons had been previously read by her aunt
Mrs. Burlngame. in the morning.
Eli Aylsworth testified that when ho took a
paper route his grandfather asked him TO save
his earnings snd he. tho deceased. would
double them. Sometimes read 20 his grand.
father. and tho latter was very particular
about the way the witness got along at school.
His grandfather had told him in 1895 that he
had looked out for him all right. His grand
father told him at the Goth birthday reception
that no hoped witness would hye as long as
he had.
MIR. Aldrich conducted the cross-examina.
tion OF this witness.
The last witness Of the day was William c.
Angel.
Continued on Page 81