The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-22

petition for new trial In the case of
Herbert Atwood va. Robert McCardell.
The plaintiff obtained verdict for slb5
In the common pleas division against the
defendant for commission on the disposal
OF grocery store. The store was ex-
changed for some real estate in East Pro-
videDce. The defendant asked the presid-
ing judge In the lower court TO direct
verdict for the defendant, which request
was refused, and IL is now claimed that
the court erred in so refusing. and also
that the contract for the exchange should
have been in writing, as 1t plainly came
within the provisions Of the statutes OF
frauds.
Cook & Angel represented Atwood,
and J. w. Hogan the defendant.
WORDS WERE sLANDERoUs
In the case of George II. Blake and wife
against Lawrence w. Smith and wife,
which was before the Appellate Court on
a general demurrer, Justice Tillinghast
has given the opinion OF the court, which
is that the demurrer must be sustained on
account OF misjoinder OF causes OF
action.
The declaration in this case contained
five counts, and the first and third counts
set out certain slanderous language al
legged to,nave been uttered and pu biished
by the defendant, Lawrence w. Smith of
and concerning the plaintiff, Emma Blake;
the second and fourth counts set out GER
tain slauderous language alleged to have
been uttered and published by the de-
fendaDt, Nellie Smith, of and concerning
Emma Blake, and the fifth count sets
out certain slanderous language alleged
to have been uttered and published by
both of the defendants. OF and concerning
the plaintifS, Emma Blake.
The plaintiffs demurred to the declara-
tion, on the grounds that the plaintiffs
could not join the defendants In an ac-
tiou for words spoken by the husband
only; that the plaintiff could not join
the defendants for slanderous words
spoken by both of them; that in an ac-
tion of SANDER for words spoken by the
husband, his wife cannot be Joined; that
joint action cannot be supported
against two persons for verbal slander.
the words of one not being the words of
the other; that the language alleged to
have been uttered and published bv the
defendants, or either of them, is not ac-
tionabie per Sc, and that no special dam
ages are alleged or special cause shown to
make the language used OF and concern
ing the plaintiffs, or either of them, ac-
tionable.
In the opinion. among other things,
the court holds That to allow the wife TO
be joined with Ker husband for slander
uttered by him would be to make her
liahle for his wrong, which cannot be
done.
It.is also held that the alleged SANDER
GUS Language, which was as follows:
she, meaning cne of the plaintiffs, -a IL
a woman of bad character; she is wo-
man OF bad character; she Is low woman
and keeps a bad house, etc, F" 10 action
ablo without the proof OF any special
damages.
PLAINTIFF DID NOT PROVE HIS CASE.
Before Judge Douglass today was heard
the case Of Thomas Ready of Central
Falls against Bernard McCabe of Paw.
tucket. 1t was suit to recover $1,000
damages on account of the defendant q
alleged interference with the sale OF a
saloon. McCabe was Ready's landlord,
and the latter claims he had a chance to
sell saloon that he had fitted up in the
formers block for S1200, but that McCa be
refused to accept the would-be purchaser
as a tenant. Then Ready had to sell the
place out for $3.50. One witness claimed
one of the Pawtucket license commits
sioners said that it was no use for man
trying to get license when his landlord
opposed him,
Judge Douglass did not think the
plaintiff had introduced any testimony TO
support his claim, and granted, notwith-
standing III. }. Carroli's protest, the
motion Of Il. W. Blodgett for non-suit.
Mr.. Carroll gave notice OF ali appeal.
SENTENCES DEFERRED.
Frank Dillon, indicted for maintaining
a gambling house ana being common
gambler, retracted his former plea of not
guilty and pleaded nolo contendere and
sentence was deferred.
Sarah Leonard, James Maroney, and
Daniel Jacobs, indicted for maintaining
common niuisances pleaded nolo con-
tendere and their sentences were deferred.
Charles Smith, the one time famous
Tooleville disturber of the peace, was
brought up to plead to an Indictment
pending against him for maintaining a
common nuisance and had his case post
poped until tomorrow.
The minimum sentence of 80 days in
Jail was imposed on Patrick Baddin who
was indicted and fined 300 for keeping
a nuisance and this morning pleaded no.
10 contendere. Patrick has already been
in jail two months awaiting trial.
In the case Of Rosenblatt vs.. Feldman
the jury brought in verdict late yester-
day afternoon in favor OF the defendant.