The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-21

tends that, because Of the propensity OF
pigeons TO fly and TO commit the griev-
ances complained OF, the proper action Is
trespass. Assuming that an action OF
some sort can be sustained, as In the
present tate OF the pleadings, we must,
we are of the opinion that case VIII lie,
since the grievances complained OF are
merely consequential results OF permit
ting the pigeons to fly at large, rather
than results of force directly applied.
I'VE think, however, though case Is the
proper remedy, IL proceeds not so much
on the principe negligence, In per hitting
the pigeons TO fly abroad as on the prin-
ciple embodied in the maxim: "Sic
utero trio ut alienum non ladeas." Di-
cum OF Pollock, b., in Farrar VS.. Nelson
l.. r., 152. Is. 260. The standard of duty
which one owes to another, for breach OF
which negligence may be predicated, Is
what persons in ordinary prudence would
deem essential to he done in particular
circumstances Of the ease. Unless, there
fore, the plaintiff can showd that those
who keep pigeons have deemed 1t neces-
sary to restrain them from flying in order
to keep them from annoying their neigh
bors, II would seem to be very doubtful
whether negligence can be made out.
Demurrer overruled and case remitted
to the common pleas division"
PARTIES APPEARED AND PLEAD.
In Judge -Wilbar's court this morning
the following parties who had been in
dicted by the grand jury but who were
out on bail. appeared to plead to the In
dictments pending against them:
DIR. +. Edwin Hale, indicted for an
unlawful attempt to procure miscar-
fixed at $500, the same as in the Ernest
Whitaker case.
George j. West is at present retained as
counsel for DIR. Hale.
Joseph N. Atwood, William Davidson,
George Long, Frank McDougall, John X.
as common gamblers, pleaded not guilty
and were each required 10 give bail In
the sum OF $1,000 and Z. w. Baxter was
accepted as surety in each case.
Leroy c. Perry, indicted for indecent
exposure of person, pleaded not guilty
sum of 500, was committed to Jail.
James McMaugh, indicted for stealing
money from George ii. Norwood, pleaded
not guilty and gave surety in the sum OF
$1,000.
Drank Dillon, indicted for keeping
nuisance, the resort OF gamb blers, plead
ed not guilty, and was required to give
bail in the sum OF $1,000
y. w. Baxter was accepted as surety.
Frank Ricci, indicted for two assaults
with dangerous weapons, one of which
was bean pole, and the other a pistol,
was required TO give security in each case
for $1,000 on his entering the plea of not
guilty.
Henry c. Wood, q peddler, for an as
sault with pistol on a man named Sweet
on Randall street. who he claimed was
living with his wife, pleaded not guilty
and gave bail in the sum OF $1,000.
Chseles Dukeit, indicted for defacipg a
building, failed to appear to plead to the
indictment and his recognizance was de-
faulted.
John Hopkins, indicted for stealing
bank bills of various denominations o.
the value of s400, and a watch from
George Il. Earle, pleaded not guilty and
of $500. Ann Cavanaugh was accepted
as surety.
Henry Haney, indicted for breaking
and entering shop of Henry Q. Wild,
pleaded not guilty and gave bail in the
sum of $1,000.
Charles Bird and Martin Kellogg, in dict
ed for assaults with dangerous weapons,
had their recognizances defaulted.
Giradio LeDarfiZzio. indicted for an as
sault with pistol on fellow citizen,
pleaded not guilty and gave bail in the
sum Of $1,000.
arthur W. Forth aud William II. Hack.
er, indicted for unlawfully practicing
medicine, pleaded not guilty, and gave
bal. In the sum of $500. These are the
first indictments under the recent law to
regulate the practice of medicine.
thomas Coates, indicted for larceny,
pleaded not guilty, and gave bail in the
sum of $1,000.
Walter NJ. Gardiner, indicted for steal
ing horse, pleaded not guilty and gave
bail in the sum of $1,000.
Arthur r. Lindsay, indicted for steal
ing bank bills, watch and chain OF the
Providence Optra House, pleaded not
guilty and gave bail in the sum of $1,000
Joseph McCready, indicted for the lar
ceny Of watch, diamond and money
from Charles Pincus, pleaded nolo con-
tendere and sentence was deferred.
James Warner, indicted for stealing a
horse and wagon, the property of William
\. Young, pleaded not guilty, and gave
bail in the sum of $1,000.
Mabel Norton, indicted for obtaining
a large amount of groceries from Charles
Rivarde of Central Falls by falsely repre-
senting herself as the wife of Patrick
Flanagan, pleaded guilty today ana was
sent 10 jail for IL months. She became
hysterical when the sentence was imposed
on her and created quite scene in the
court room.
Several parties indicted for maintaining
nuisances appeared and pleaded and
Others had their recognizances defaulted.
CASES SETTLED AM ASSIGNED.
The following cases and motto ms were
pleas division Today:
Ira N. Goff x Co. VS.. Orrin K. Jones,
ct sL Defendants submit to judgment for
plaintiff for 10 cents damages; no costs.
The case OF Alfred N. Buwker, ct ux,
VS.. Ernest Wunsch, was discontinued. No
costs.
Jose Andrade Seamon VS.. town treasurer
of Burrillville; plaintiff ordered to give
surety for costs by March %.
Providence Albertype Co. VS.. Kent q
Stanley Co.; demurrer certified to appel
late division as SUBSTANTIAL.
The case of Herbert Z. Wood VS.. New
York. New Haven ~ Hartford Railroad
Company was today assigned for trial on
April 7. Nine suits against the Unionl
Railroad Co. were today assigned for tria-
In May and four against the city of Provi
dence will he tried during the same
month unless some other disposition Is
made of them.
MAY RESUME OPERATIONS.