The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-29
The Point Involved in Case
Against Austin.
Decision in Favor of the Old
Colony Railroad Co.
II Sets Aside the Verdict of $500 in
the Chaffee Case.

Snafles IL. Austin, who was 1nuIcted
for the serious crime OF carnally knowing
a female under the age OF 10 years, was
tried before Judge Wilbur and a jury
today. The crime is alleged TO have been
of July, 1895. and the party on whom the
assault is alleged to have been committed
Is named Mary A.. Carr. Sne and her
mother testified that she was born on
November 20, 1880, and Miss Carr testi-
fled thar the defendant had some time
after the crime sent her to River Point,
where she remained for a month. Sne
did not tel her mother where she was
going, and on her return TO the city she
was arrested, and in reply to a question
from her mother she accused Austin OF
being the father OF her un born child.
Considerable stress was laid by counsel
for the defence on the age OF Miss Carr,
they claiming that they had certificate
from the town clerk OF Warwick showing
that Mary A. Carr, whose parents .ere
the same as those OF the parents of this
party. had been born in thlt town on
Novem her 20. 1879. 1t was admitted by
Mrs. Carr that her daughter was born in
Warwick, hut she claimed tho date Of the
chjld's birth as entered IN n Bible belong
ing TO her husbands family was Novem-
ber 20, 1880, and that she distinctly re-
mem mbered from death that occurred in
her husbands family that Mary A. Carr
was born in 1850. MIR. Pierce sharply
cross-examined Mrs. Carr as to the Bible
record, and she finally admitted that the
Bible was not in her home, nor were the
entries made until after the birth of Mary
A. Carr.
Mr.. Pierce objected TO the introduction
of the Bible record, but Judge Wilbur
stated that the State might introduce the
Bible record as taken with the testimony
OF the mother it was very strong evi-
dence as 10 the date of the birth of Mary
A. Carr.
Chief OF Police Bigbee OF Cranston and
Charles Ii. Thurber, agent of the Society
for the prevention OF Cruelty TO Children,
testified that Austin admitted the offence
charged against him when be was arrested
on March of the present year.
Ezra A. Martin was the first witness
called for the defendant and she testified
that she was nurse for Mrs. Carr when
her daughter Mary A. Carr was born,
and that the date of the latter's birth was
Nov. 20. 1879. The certificate of the birth
of Mary EiofPce Carr given by the town
clerk of Warwick was also introduced in
evidence.
Assistant Attorney General II. j..
Dubois conducted the case for the State
Austin is married man and employed
ur lh u NtiI-kHONH
fancy goods house in this city.
DECISION IN FAVOR OF OLD COLONY.
The appellate court today handed down
an opinion In the case of Lavina w.
Chaffee VS.. Old Colony Railroad setting
aside the verdict ot $500 awarded Mrs.
Chaffee and sending the case back to the
common pleas division with ;ustruc-
tions to enter judgment for the defendant
FOR COSTS.
The plaintiff is the administrators on
the estate OF Frank Cbaffee, deceased,
who one day five years ago got of train
from Attleboro TO this city, a. Pawt uck ct
and went TO the baggage room at the
station there and in returning to his
tram was struck by train that dashed
on 10 The rails iilt front of the station
FROM the south.A IL was admitted by the
plaintiff that the deceased was guilty Of
contrihutory negligence in crossing the
tracks to bis train whila the other one
was coming but she also claimed that the
engine could have been stopped in time
to have saved the deceased. Two experts
swore the engine could have been STOPPED
but tie fireman on the train testified
this was impossible -nnd the -eeHft, after
carefully considering the case. decided
the engine could not have beon STOPPED
and tnat the railroad was in no way liza
DIe for the accident.