The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-09
Verdict Of the Jury in the
Dolphin Case.
DaltOn'S Counsel Claim His
Trial Was an Illegal One.
The End Not in Sight,. p. Kelley
Fined for Assault and Battery.

/ Nerulct OF not gnllty, aIter an noufs ccnslu
| erstion of the case this morning.
The verdict was not much OF a surprise,
ana the trial was one that attracted consider
able attention. There was a general belief
among those who heard the case that the
state had failed to prove its case and with
this view the jury also agreed.
Judge Wilbur, in his charge to tho jur.. ex.
planned very clearly what the State was bound
TO prove unde- an indictment charging a
nuisance. 1he jury was out less than an
hour.
John p. Kelley. bartender. indicted for an
assault and battery on one John Reynolds,
pleaded nolo contendere. and was fined s25
by Judge Wilbur.
The Attorney General stated that on the
| 2lst OF September last the defendant was bar.
tender in a saloon on tho corner of Pine and
| Peck streets. in this city. and John Reynolds
of Norwalk. Conn, went in and asked for a
| glass Of beer. The defendant made no re.
! spouse TO tho request OF the thirsty gentle
man. but when he made a second demand for
the beer. the father of Kelley took holi Of
| Reynolds and threw him out on the sidewalk.
| Kelley, junior. thon came ont and jumped on
Reynolds, breaking one of the 1stter's ankle
| bones.
! Mr.. Owen said that the defendant came out
OF the saloon 20 help bis father, who was get
| ting the worst OF the trouble and that the
ankle bone Of Reynolds was broken. not by
\ sny act of Kuiiuy. but ny tine former frti
while in drunken condition. He said Kelley
claimed Reynolds wanted to get the beer
without paying for il.
| Tho following parties indicted for maintain
! ing common nuisances retracted their former
| pleas of not guilty, pleaded nolo contendere
and sentence was deferred: john and James
| Trainor and John Norton.
The recognizance Of Fortunati Gaynor. in
| dicted for the same offencs was defaulted.
DALTON SEEKS a NEW TRIAL.
General Brennan is endeavoirng to get q
new trial foT Martin Dalton. who was found
! guilty by jury last week Of the murder OF
Anthony :. Haswell. The time for Sling a
petition for a new trial has been extended 20
February Is.
The main reliance OF counsel is on the rather
indefinite language OF tho famous judiciary
act as to what IL was intended should be done
! by that act with pending indictments. The
I Indictment was found by grand jury OF tho
common pleas court. and that court wss by
the judiciary act abolished. and General
Brennan will try 10 provo that the indictment
| in this case was abolished with it. The point
raised is admitted to bo a close one.
AVERY LONG CASE.
! The Aylsworth Will case today opened with
the cross examination Of cashier simmonGs
ot the Westminster Bank, who testified that
/ Judge Aylsworth was a great story teller, and
| repeated his stories frequently. but not ON
| the same day. The witness ALSO testified that
| Judge Aylsworh ceased 10 have entire charge
of the banks management about year ana a
| half before his death, or about February. lsi3.
Samuel J. Cole OF Pawtuckot was the second
witness of the day. dis testimony was to the
effect that Judge Aylsworth was as good at a
| bargain in later years as ever, except that
hs was not as fast as formerly. he was cross.
examined Ivy Mr.. Brown.
| There was little dispute over what this
witness had testified 70 IN his direct exaniina-
tion, and stenoRaphei Farnell had to read
over nearly all Of what Mr.. Cole had ltesti fed
to in both his direct and cross examination.
| Joseph A. Latham, civil engineer. said he
| had known Judge Ayswurth for 20 years,
| both socially and professionally. Had seen
| tho Judge at the hnnk in 1891 and 1892, and
also saw him early in 1888. Did not remember
having seen him after that. In 1892. prior TO
October, he had an interview with the de-
ceased about the purchase OF some stock OF
| the Westminster Bank. After October, 1893
the witness had an interview Of half hour $
| duration. One Of the matters considered was
the purchase of some property by tho witness
in tha vicinity OF the judges property on
Byron street. Asked the latter as TO tho oest
kind of house Co build, and be seemed 10 be
greatly interested in the plumbing of the wit.
ness house. and also advocated the widening
of the street before the property was i'm.
proved.
At the same interview. Mr. Latham and the
Judge talked over the best location fox the
now Mathewscn street Church. Judge Ayls-
worth saving thot it would be host 10 build
the church on the same site as the old one.
other matters were considered. Witness fro.
quently went 20 Judge Aylswnrth for advice
and last saw him ~ early summer. 1893.
Witness sai athat in none OF the interview.
Gid he ever discover that the Judges mind
was weakened tie appeared 20 bo in sound
MUD, and never appear 'd childish.
Mr.. Latham was cross -oNaintnod by Mr.
Alurich. The FIRST question asked led 10 an
other one OF the many disputes between couD-
sci that have been an entertaining feature Of
the case.
The question was as ~ how long Mr. Latham
had borrowed money from the Westminster
Banks Inc answer. after the Judge decided
10 aumit it, WAS abogt lO years Thought the
Judge was weaker physically In lsH2 Than
when he brst knew him, bnt noticed no men
tai change i'm him.
Dr. Pred =. Rogers testified that no had
known Judge Aylsworth since isqO. and he
described tho improvements made IN a build.
ing hired 5y him. Never made any cNamina.
tion ~ his mental condition, hut saw enough
~ the judge % have aroused his suspicious
~ be- was not Of sound mimi.
GcorGn- -Iefforson -ta-llALa-Ln-h -klsalx ~
Judge Ayisw0rth ~ years, and rad had bust.
ne-s and social relations with him. Hsd
talked with the judge about the latter's Will
The 5udCe trld him % the lime of the death
OF turfis Aylswurth that he intended to
ch snge his will. aud mentioned who tho trus.
tees wnnld he Later ON the Judge said he
hat expressed IN opinion, when some ono
suggested nn effort would be made foIspt
aside the will. that the viii would not be set
aside. The sudue Rad frequently talked with
witness on The political and financial cOndi.
ti"s ~ the times.