The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-30
The Jury Took an Hour in
Its DeliberatiOn.
Defendant UnmOved When
Verdict Was Announced.
Suit Against the City of Woons0cket
for $4,000 Damages.

Inc last criminal trlal until after vaca-
tion was that of the State vs.. Henry A..
Austin. The charge to the jury was
given by Judge Wilbur this morning.
The case created considerable interest,
chiefly because of the dispute over the
age Of the party with whom the defend
ant was accused OF having committed i'm
proper acts. The charge of his honor was
a careful review of the testimony in the
matter of age, his honor dwelling on the
fact that parents generally remem bered
pretty accurately the ages of their child
rem and also the fact that one of the first
things taught the young Is their ages.
The jury was out one hour and then re-
turned with a verdict of guilty. The
prisoner was as unconcerned at the an
noucement as IL he Was in no way In
tere steu in the case.
Judge Wilbur informed Mr.. Pierce, of
counsel for the defendant, that owing to
the verdict of the jury and the gravity
OF the offence be deemed il necessary TO
increase the amount of bail from $500 to
5000. Austin was not ready to furnish
this amount and he was taken in charge
by Deputy Sheriff Barrows. Mr.. Byrne,
one of his counsel, announced that bail
would probably be furnished so Judge
Wilbur directed that Austin be kept at
W
morning in order that he might be spared
the expense of an unnecessary trim to jail.
The penalty for the offence OF which
Austin was today found guilty is not
more than 10 years in State prison. Ii Is
the present intention Of his counsel 10
move Tor new trial and to lay the
foundation for this number OF excep-
tions were taken to the judges rulings
during the trial yesterday.
CITY OF wooNsocKEr DEFENDANT.
The second trial of the suit of Adm b.
Trask of Burriilville against Samuel p.
| COOK, city treasurer of Noonsocket, was
begun in Judge Wilbur's court this
morning. The plaintiff claims that by
reason OF bole in the sidewalk on the
south side of Railroad street in the
Northern city, he was thrown down a
high bank wall ano had a leg broken
and sustained other painful and perms-
nent injuries. The amount sued for Is
5000
a jury in the pre- evious trial of the case
gave verdict for the plaintiff for $4,000
although several police officers testified
/ that the plaintiff was considerably under
the influence of liquor on the day the
testimony to the latter effect was sub
mitted when the defendant asked for a
new trial In the appellate court ana the
court granted the new trial.
After the opening statement of the
case by Attorney William j. Rich copn-
sci for The plaintiff, the jury at the re-
quest Of Walter i. Ballou, city solicitor of
woonsocket, went for view of the prem
ises.
City Solicitor Ballou carefully scanned
the countenances of the first IL men
called by clerk Webster as jurors to try
the case, and found two men with coun-
tepances that he for some reason objected
to, and Deputy Sheriff Thayer asked these
men their names. After the names of
these men were given to the celrk they
were promptly excused from service in
the case and two others were also excused
from the panel at the request of Mr..
Ballou. The latter then asked il any
man on the jury was engaged in tho sale
of intoxicating liquors or any way inter-
ested in their sale. No one made any
reply TO these questions, and Mr.. Rich,
attorney for the plaintiff, who had not
challenged a juror, went on with the
statement OF his case.
NEARING THE END.
The Weaver will contest is still occupy
ing the attention OF Judge Rogers and a
jury, but it is probabl that before Friday
night the verdict in the case will have
been rendered. Mrs. Albert Weaver, in
whose favor the contested will was made,
went on the witness stand yesterday
afternoon, and her examination required
nearly all of todsy's session.
She denied having used any undue in
fuence on her husband 10 get him to
make will favorable TO herself aud
daughter, and also denied that she knew
Benjamin n. Iapham, who drew the will,
had been sent for by her deceased hus-
band To draw up his will, until Mir.
Laphsm arrived at her home.