The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-18
CASES.
Continued from Page I.

MIS-. McGOWan, the woman asbaulttu,
when called as witness by the attorney
general, refused to testify against her
husband.
The prisoners daughter, Nellie q. Nc
Gowan, was a willing witness against her
father. She testified he threw the lamp
at her mother while 1t was lighted and
about half full OF oil, and that the lamp
struck her mother over the right temple,
inficting wound from which about
quart of blood flowed. She also testified
that the flame from the lamp set Mrs. Nc
Gowan's skirt on fire. According To Mel
lie her father was not very drunk on the
night OF the assault and the trouble that
caused IL arose over man.
On cross examination the witness ad-
mitted to Mr.. Holland that she had had
trouble with her father about money mat
ters and that he had been good father
to her.
Other witnesses were introduced in be-
half of.the State who testified TO minor
points, but Miss McGowan was the only
one who testified to her fathers throwing
the lamp. Finally the prisoner took the
witness stand and testified that on the
night OF the alleged assault that he had
been talking with his wife about certain
ideas he wished to put in practice In the
management OF his household affairs. He
claimed this was viewed by Mrs. Mellow
an as an unwarranted interference with
her sphere OF labor, and then there was
danger of Mrs. McGowan's dropping the
lamp on the stove and after preventing
that occurrence he went out Of his home.
Later the same night he was arrested.
After the jury HAD heen out some time.
its members returned and asked the court
IL they could recommend the prisoner be
treated leniently. The court gave an
affirmative reply and the jury brought in
verdict OF guilty with a recommenda-
tion OF mercy.
Judge Wilbur sentenced McGowan to
six months in jail.
SOME PROFITABLE HORSE TRADING.
John A. Masterson, a not overnight
youth, when called for trial today, in
sisted on his former plea OF not guilty to
an indictment charging him with steal
ing horse valued at $40 and harness
valued at 50 from Thomas Degnan.
Degnan testified that Masterson form
erly worked for him and occasionally let
him take his horse and tip cart to remove
ashes. On the 18th Of January of the
present year Masterson took the outfit
without permission, but instead of re-
turning 1t sold it to j. j. O'Conpor for
g. Mr.. O'Connor testified to the pur-
chase of the horse for the sum named
and also to its sale to John Fitzgerald OF
Blackstone street, where the owner re-
covered it.
The eslimonv of the witness for the
evidence that some of them were expert
horse traders. Detective Merrill testified
TO the recovery of the property and was
certain, notwithstanding the pertinent
and persistent questioning of Mr.. Hol-
land, the horse taken by Masterson was
worth between $50 and $40.
The defendant testified that he hired
Degnan's horse to cart ashes for man on
Tockwotton street and then sold 1t to
j. O'Connor.
On cross1examination by the attorney
general Mhsterson said he was drunk
when he sold the horse and the harness,
having got the money for emptying ashes,
amounting to 60 cents, and laying the
same out for the purchase OF six glasses
of whiskey. The States law officer
rather puzzled the witness by asking MIN
how he could write so well as lac did on
the receipt given the parties who pur-
chased the goods il he was so drunk as he
pretended TO be.
Dennis j. Holland in his argument to
the Jury maintained that unless when
Mastteson took the horse and harness by
permission of the plaintiffs he INTENDED
to sell these articles he could not be
found guilty of larcney The court sus-
tained Mr.. hollands view in the charge
TO the jury.
The jury, after brief deliberation,
brought in a verdict of guilty.
Masterson was immediately put on trial
with stealing tip cart belonging to Sol
omon Thornton and the testimony was
practically the same as in the former case
THE FERRr WILL CONTEST.
The question as to whether an instru-
ment in writing purrorting TO tie the last
viii and testament OF Gilbert Ferri is real
Iy such or not continued to occupy the
attention OF Judge Rogers ana jury to-
day. The testimony of the opponents of
the admission OF the instrument to pro-
bate was of lengthy nature Those who
are contesting the will are relatives OF the
deceased, who, by the instrument in dis
pute, left about all his property to the
poor of certain Italian villages.
APPELLATE DIVISION.
The defendants petition for new
trial in the case of Abel b. Trask VS.. the
city treasurer OF Moonsocket was heard
today. City Solicitor Walter l. Ballor, Tor
the defendant, contended that the Ner-
dict was against the evidence in the court
below and introduced a number of affida-
Wits that contained new and important
evidence. Among the affidavits was one in
which ii was claimed that Trask had told
his counsel he was drunk when the acci-
dent happened.
A verdict OF $4,000 was recovered in the
common pleas division of the court last
December against the city, IL IL claimed
on the part of the plaintiff that there was
a depression In sidewalk IN the city OF
Woonsocket and by stepping into the
same he broke his ankle.
W. q. Rich, who was counsel for Trask
in the court below, claimed the evidence
was such that the jury was justified in its
verdict and that the new evidence offered
by the defendants attorney is merely
culminative. The court gave Mr.. Rich a
week in which to file answer to certain
points raised at today's hearing.
A hearing wa' also had on the plain
tin's petition for new trial in the case
of Frank Van Raalte VS.. Albert Benari.
j. j, Hahn appeared for the plaintiff
and w. III. Barney for the defendant.
Judge Tillinghast was able to be present
at hearing OF cases in the appellate di-
vision for the 'first time i'm several days
this morning. He stated he nad about
fully recovered from his recent illness.
ADMINISTRATOR MUST RENDER ACCOUNT.
In the case OF Joseph p. Mauton VS..
Lonis Il. Robinson, administrators on TIE
estate Of Martin Z. Stokes, the appellate
court, In an opinion written by Chief JUS
ffCp MattQcOn- decided fhat hp