The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-04
Appellate Court Decisions
Filed Today.
Suit Against a Central Falls
Police Officer.
Petition for New Trial Heard--Ver-
dict for Defendant.

Before Chief Justice Matteson and JUS
tices Stiness and Tillinghast was heard to-
day the defend ants petition for a new
trial in the case of Owen Kiley vs.. Thorn
as Walsh.
The first trial OF this case which was
had in the District Court resulted in de-
cision for the defendant and the second
one In the common pleas division in a
verdict for the plaintiff for s263. General
j. Nj. Brennan, who represented the de-
fendant today, asked for a new trial on
the ground that the verdict in the latter
court was against the evidence.
Kiley, in 1880, put an attachment on the
saloon and grocery store of W. p. Bald
win and some other property belonging TO
the latter. About "a days after the at
tachment was pat on Baldwin left the
State and Kiley let Mrs. Baldwin conduct
a boarding house, getting groceries at
the store formerly owned by her husband,
which had been bought by him. Bald
win had also given mortgage on all his
property to Kiley and the latter under
TOOK TO sell some household furniture
that Mrs. Baldwin claims TO have bought
with her own money She also denies hav-
ing known anything about the mortgage
until just before the sale. Then she hired
Walsh to remove her furniture. Kiley
told him not to do ii, but he disregarded
the warning and he was arrested in suit
of trover aud conversion.
James A. Williams appeared for MIR. XII
ley and argued that the jury was justified
in its verdict and that Mrs. Baldwin knew
the mortgage had been given and assent
ed to il.
The court held the matter for advise
ment.
The trial OF the suit OF David L. Lin
game against William c. Swinburne did
not take place TO-DAY owing TO the una
yoidab bic absence of counsel.
Rescrirts were filed in the following
cases today:
Charles p. Rollings and wife VS.. l.. p.
Barolet. "The court il of the opinion
that the damages awarded were excessive.
Defendants petition for new trial
granted unless the plaintiff will consent
to reduce the verdict to 900 and take
judgment thereon for that sum and costs.
Case remitted to common pleas division.
Margaret Dowd VS.. John +. Carly and
wife. "The majority of the court Is OF
the opinion that the complainant does not
make case on the evidence which en-
titles her to have the conveyance made
by her set aside"
Clara L. Holland VS.. Frank j. Holland.
'We think that tho municipal court had
no jurisdiction to make the decree
appealed from. A former decree
determi ined the manner in which dover
should be assigned: and the parties hav-
ing waived their right of appeal from it,
It became final on its entry. Gen. Laws,
X. i. Cap 264, sec. 23 The revocation of
its action by the probate court, under
eGn. Laws, X. /. Cap. 200, sec. IL is TO
be made before the time for taking an APP
peal"
Alexander Bros. vs. Max Taub. 1t is
the opinion of the court that the defend
ant does not make a case for a new trial.
Petition denied and dismissed.
Police Officer Harkness of Central Falls
is defendant in suit brought by Thomas
Il. Welch of the same city TO recover $1,000
damages for several assaults alleged 70
have been committed by the former on
the latter.
The plaintiff claims that on the evening
of Aug. Z, 1895, officer Hardness told fel-
low named Joseph Burns to strike him
and then followed Burns blows followed
up with brutal blows from his own club.
Welch was arrested the same night by
Harkness and on the way TO the station
Welch alleges that the o:.3cer struck him
several times over the head with his club
and in this statement he was corrobarated
by couple OF property owners In the
Youngest City.
Some of the witnesses for Welch did not
pan out very well as they had 10 admit
they had been in jail, when questioned
by Il. Nj. Bosworth. counsel for Hark-
ness, and the plaintiff gently admitted
he had recently been unfortunately sent
to jail as common drunkard.
The defendant claims he arrested Welch
because the latter was noisy and that he
used no more force than was necessary in
getting the plaintiff to the police sta
tion.
II. J.Carroll was attorney for the plain
tin.
DISPUTE OVER PIANO.
Before Judge Wilbur and jury took place
the trial OF the suit Of replevin brought by
j. A. Masterson against COT and Oar
ling.
The plaintiff claims he left piano with
the defendants to repair and the latter
claims that II was left with them for stor-
age and refused TO deliver the same until
storage charges were paid.
j. w. Hogan represented the plaintiff
and II. w. Burbank the defennant.
VERDICT IN FAVOR OF THE DEFENDANT.
The jury in the csse OF Kirkos Garibe-
dian VS.. Charles Garosigan today brought
in verdict in favor OF the defendant.
The defence was that the money sued for
Is loaned, wns never given bv the plain
tiff to the defendant, but that the suit
wGs begun I'm order TO pcrsecute the de-
fendant for his refusal 10 do some favor
for party not interested I'm the case.
Judge Il. n. Lee of Woonsocket was
counsel for the defendant.
Before the Comet strikes.
Oct your Piano tuned bx D. w power 100