The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-11
MR.OWEN ANGRY
Sharp Discussion in Judge
Wilbur'S Court.
Curious Outcome of a Suit
Against a Corporation.
An Important Opinion Rendered by
the Appellate Court.

incident in Judge Wilbur's court this
morning that rather relieved the monot-
ony of life for the court attendants. His
Honor in his own pleasant and ehectual
way calm ed the trouble that had arisen
between counsel and the case proceeded
without further friction.
The case that was on for trial was that
OF State, Joseph w. Nickerson, complain
ant, against James Maccomber OF Paw
tacket, and Lycurgus Sayles was attorney
for the prosecution and Franklin T.. owen
was in charge OF the defendants inter-
ests.
Mr.. Sayles made the usual statements
that II any member of the jury had
formed an opinion In the case or was re-
lated to the defendant he should make
the fact known to the court. He supple
mented these statements that il any one
was inimical to the society or its work
II was also the duty of the person not to
sit on the panel
Mr.. Owen, who had been very atten-
lively listening TO the concluding part OF
Mr.. Seyies remarks was on his feet an in
slant almost before Mr.. Salyes sat down.
He said, "Your Honor j wish to ask IL
there is any sgent of the society on the
panel or member of 1t, and IL so, re-
quest such person or persons to be ex-
cused."
Judge Wilbur then said that il there
was an agent of the society on the panel
he would be excused, but he did not
think II necessary to excuse any one SIM
ply because such person might be a
n ember OF the society prosecuting the
complainant, and IL anybody was opposed
TO the enforcement of the laws made by
the State he should certainly not serve.
Mr.. Sayles then asked If any one was
II Al.
ing agent OF the society, but there was no
answer from any mem Der of the panel.
Judge Wilbur then remarked that IL
there was any one so opposed, or opposed
to the work OF the society, they should
not serve, and he added that he made
the statement because since the last ver-
dict was given he was informed mem
ber of the panel had said he would not
give verdict in favor Of the prosecution,
no matter how strong the proof of guilt
might be, IL this society was the party
prosecuting.
MIR. Owen then very warmly asked the
court TO ascertain IL any mem Der of the
jury about TO try the case was opposed to
him, and he said that OH the first case
brought by the society, i'm which he acted
as counsel, whilc the present jury panel
was on, one juror said he would never
give a verdict for Owen.
10 this judge Wilbur replied. .-nf am
surprised at that. as thought every one
liked you, Mr.. Owen
No juror intimated that he had knife
up bis sleeve, either literally or 6gura-
tiveiy tor the d1shing leader OF the con-
quered but undismayed Democracy OF
the State, so the jurors not originally on
the panel We're told TO report upstairs.
Before they went up, one of the jurors
went to MIR. Owen and said: "Do you
mean me-" referring of course to the
inr MI fn hn tA ha
seller. The latter replied: 81 decline to
say, but / will tell the court what /
mean.'
Judge Wilbur had noticed the converse
tion and asked what il was about and MIR.
Owen replied that a Juror had asked il
he was the man meant and he, Owen,
did not think the Juror had the right TO
interrcgate him.
'He certainly had not" replied his
honor.
The trial then went on. The prosecu-
tion Introduced witnesses to show that
Maccomter, who is q resident of Paw
tucket, overdrove and whipped a horse so
badly that the horse was In bad conoition
while returning from trip to an Fast
Side shore resort on August 4, 1895. 1t was
shown that Maccomber pleaded guilty to
being drunk in court the following
morning. A constable named Bowen
testified that he saw. w..Maccomper whip and
overdrive the horse, and on arriving here
told Officer Willard about il and at the
lat.er's request took the defendant to the
Central ststiop. On crcss-examinat .on
the latter witness said he was on an elec-
trio car when he saw the overdriying
done, but hau failed TO get names of any
other witnesses except one and that one
had loft the State.
Maccomber denied that he.had abused
the horse and swoIe he never drank
liquor In his life. lie gave as his reason
for pleading guilty to the charge that he
wanted to have the trouble hushed un.
Several witnesses. including the owner
of the horse, denied that the animal had
been overdriven or abused.
The jury, after a brief consideration of
the testimony, acquitted Maccomber.
MATTER OF FEES UNSETTLED.
Before Chief Justice. Matteson and as-
sociate Justices Stiffness and Iil!inghast
this morning was heard the petition of
Patrick Hurst and Rose Hurst his wife
asking that Counsellor Thomas +. Cos
grove oe directed to pay one pert OF n
fund in his hands TO them aud another
part into the registry OF the court.
The petition alleged that Mr.. Coszrove
was counsel for Mr.. and Mrs. Hurst in
suits brought by them against the New
Yorls, New haven & Hartford Railroau
Co. tor injuries received by them IN rail-
road accident which suits were settled by
the payment to Mr. Cosgrove as the at
torney OF the petitioners OF the sum Of
5000.
That DIR. Thomas Kenn was engaged by
the rotitioner TO attend them on ac-
count of the injuries received and thar
Dr. kcan was informed OF the settlement
made with Mr.. Cosgrove aud presented
a bill for services rendered amounting TO
siC61.-Ibl-hi it Was claimed. was
excessive and payment refused and then
DIR. kean began suit and attached the
money IN Mr. CosgToye's hands to th1
amount Of 5000.
The petition further states the petition
crs have been unable TO agree with Dr.
Kean as TO the settlement OF hts claims
and COLLISION is also charged between DIR.
kcan and Attorney CasRrova. that Mr.