The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-18
John H. Smith Tried for
Keeping a Nuisance.
Liquors Found We're for a
Thanksgiving Dinner.
Suit for Damages to Business on
Trial in Appellate Court.


the common pleas division OF the Su-
preme Court this morning, under an in
dictment charging him with maintaining
a common nuisance. BY direction OF
Judge Doulgas the presiding justice, he
was acquitted by the jury.
Gificer Howard A.Payne testified to Wis
iting Smiths place at 226 Rhodes street
OH November 22d, 1895, and purchasing
three glasses OF whiskey, and two OF
lager for himself, a man named Russell
Higinsen and three women, one OF whom
was the wife of the petitioner.
Higinson testified that for two years he
had been a liquor spotter ano that he ac-
companisd Omcer Payne on his visit to
Smiths place and purchased the same
amount.of stuff as did the officer.
Officer Michale Griffin testified TO seeing
parties coming out of Smiths place rather
under the influence OF liquor on Sundays
and so did Captain Costine. Sergeant
Joseph A. Prout said he made a search of
the premises on November 20 and found
some whiskey jugs, two dozen OF lager
and some whiskey glasses. According to
the testimony OF all the witnesses for the
State Smiths tenement was a basement
formerly used as a store.
A number OF witnesses who had known
the defendant for a number of years tes-
titled he was hard working man and
that for a great many years they had
known him TO do almost any kind of
work he could get 10 help support his
family. One OF the witnesses said she
would know il the defendant sold liquor
for she would have bought some OF him
herself.
Smith took the witness stand and testi-
fed that for the past ten years he had
been employed by the Pomeroy Coal Com
pany and made IS week and denied ever
selling any liquor On Sunday he went to
church and The liquor seized by his wife
had been purchased for the proper cele-
bratlon of the festival of Thanksgiving
which occurred the day after the raid.
The State introduced no evidence in re-
buttal and Judge Douglass did not think
there were sufficient sales proved to sns-
tain the indictment for maintaining
common nuisance. nor did he think the
sons there In an intoxicated condition.
Attorney General Dubois agreed with
his honor's view of the case ana said he
would not further press il.
Judge Douglass then addressed the
memb mbers of the jury and said that they
should acquit tho defendant because the
charge under the indictment wfas not
sustained and that this woulu not mean
that they approved in any way OF the sale
of liquor or that the defendant was not
guilty of some offence, but simply that
he was not guilty OF the charge brought
against MIN.
The jury brought ina veroict of acquit-
tai and the prisoner who had been in jail
since last March was discharged. Page q
Owen were bis counsel
Patrick Mcguire, indicted for maintain
ing a common nuisance, failed to appear
for trial and his recognizance was de-
faulted.
APPELLATE DIVISION.
The $50 600 suit of Richard A. Butler of
Pawtucket against the New England
Electrolytic Company of Central Falls
was on trial this morning. in the appellate
division of the Supreme Court, jury trial
havingsbeen waived. Mr.. bulter claims
that by reason of the defendant COM
pany's use of acids which they carelessly
let flow on TO his tannery premises his
boilers were damaged. the water in his
we'll corrupted and rendered unfit for use
in tanning and his business greatly dam
aged.
He testified that the presence of acid on
mis- premises, which we're very close to the
plant OF the ell ectrolytic company, was
first noticed in the drinking water aud
that the agent of the company had Paw
tucket city water put in and paid the
ice bill for keeping the same cool during
the summer of 1894. Next the acid made
itself felt on the boilers and two insur-
ance inspectors said II was eating them
away and the agent had Pawtucket city
water furnished for the use of the boilers.
Then the plaintiff found he could not use
the water OF his wells for tanning at all,
owing to the effect OF the acids. He asked
the defendants TO get him other water
for this, but the company's agents want
ed him to sign an agreement that should
the case ever come mp in court he would
never say they furnished him with water.
He refused to do Sc, but finally the
agents OF the company agreed to furnish
the city water but this proved not adapted
for.the work.
The defendant company deny the
charges made by the plaintiff ana that il
is in any way responsible for the damages
he alleges ne suffered. II. NJ. Bosworth
is attorney for the plaintiff and James Til
linghast represents the defendant.
MRS. JACKSON SEEKS DIVORCE.
Deputy Sheriff Coales this morning
served notice on Artist }. A.Jackson that
there would be a hearing in the appellate
division of the Supreme Court on next
Saturday on the petition for n writ of
ha beas corpus brought by bis vile, Har-
riet A. Jackson. II will be recalled that
last week Jackson took his child from his
wife's arms In front OF the Union station
and Mrs. jackson Is confident that the
court will restore the child to her care.
At the same time Mr.. jackson was in
formed that a divorce petition had been
filed by his wife and q citation was served
on him. In that case also.M MIR. Jackson viii
contest the petition and probably file
cross petition.
OTHER COURT MATTERS.
The cases OF Joseph Armstrong, John
Muloney and Thomas Furry against the