The Providence news. (Providence [R.I.]) 1891-1906, 1896-11-19
KlRK'S TRIALS.
Case Against Him for
Forgery mol Pressed.
Immediately Taken Into Gus
tody by Detectives.
Arrested Before He Could Get Away
From the Court House.

John w. Kirk, one of the alleged pant
OF directory forgers whose operations in
this city created so much OF a stir IN,
latter part OF last summer, and W no, witt
TWO companions was then arrested b,
the city detectives, bsd few, a very
rev moments OF liberty this forenoon,
| lie, IL IS true, bad been out on bail. bui
the fear OF the possible disastrous out.
come OF n trial hung over him. The trial
that he had looked foiwlrd to turned
out favoratly 10 Kirk, but few moment.
after the Attorney General had decided
not TO follow the Indictment Kirk was
again arrested.
HOW Kirk came to be free was that
the indictment against him had two
counts, one charged forgery and the
other charged him with uttering a for
gerry. The second count was pupctured
In Two places by Kinks counsel, General
Brennan, and the State was not satisfied
that 1t could prove him guilty on the first
count.
With Kirk ives indicted one Frederick
n. orr and he fsilsd to appear this
morning to stand trial, andhis case was
called and hi" surety. Thomas McSorley
Will have to settle. ii. +. Park, who was
also indicted for similar offence the
other day, pleaded nolo contenderer
and sentence wss deferred
After jury had been empanelIed to try
Kirk this morning. Attorney General Du-
oois maoe bis opening statement to the
jury. He said the state expected to prove
that the defendant was one of a number
of directory solicitors who had been
guilty of frauds on local advertisers. In
this case, he saio, a genuine signature of
A. Walter Harris of the A. w. Harris Oil
Company for small receipt for 35 cents
had been taken and attached to an order
for an advertisement, Tor which the de-
fendant tried to collect s15, the 90 cents
above Dir. Harris' signature being raised
TO sio. There were two counts In the in
dictmeDt, one of which charged forgery
and the other the uttering OF forgery.
Before any witnesses had been called
General Brennan addressed the court and
asked that the second count be auasheu
on two grounds. First, because the offence
was not sufficiently set forth in the Sec
ond count, and in the second place. be.
cause no one was named In the count to
whom the forgery had been uttered.
Counsel claimed that the count was fa-
tally defective and referred the cour. to
'he case of State VS.. Murphy, reported in
he Rhode Island law reports, volume IL.
Judge Wilbur, after he had read sbe |
'ase his attention had been called TO.
eemed disposed to agree with MIR. Bren. |
'an,' and so did the Attorney General,
or ne did not oppose the motion to |
Iunsh.
Then there was very brief copsulta-
ion bstween Attorney General Dubois
nd Detective Parker, after which the at
orney general said he would "nol prosn
he indictment against Kirk. This
tatement was made because the man who
ommitted the forgery had failed to ap
ear.
The defendants counsel was not et
rat dis posed to ACCEPT the offer OF the
ttorney general bscause ne claimed the
ase had been op.ned to the jury. and he
'as entitled to a verdict OF not guilty.
hether II could direct such a verdict il
ne attorney general opposed such
,tion. tiuelly General Brennan accepted
no suggestion made by the ATTORNEY gem
al The point raised by tho DEFENDANTS
'unsei when bo asked for verdict OF
ut guilty brought up that much dis
issed question OF when a man is in
opardy, Of course, legally considered.
About az soon as KRIS left the court
'om Detective Parker did tho same
Iing, and in a moment or two the latter
I'd Detective Cannon bad their bands on
irk and after 4 brief struggle he was
ken charge of by the detectives. This
ised the question as to whether his ar
81 was legal or not, Dut competent
shortly stated that Kirk could have .
en arrested in the court room II the
dge Tad given bis consent.
Kirk was locked mp at the city hall. {
"a In the morning Will be arraigned on J
icw in Al. Io...