The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-01
Many Serious Offences to
Be Considered.
Important Matters Heard In
Appellate Division.
Suit Begun Against the N. Y, N. H.
& H. R. R ees--Beerees Entered.

ent cities and towns uf the county to
serve on the grand jury were ell in at
tendance at the common pleas division of
the Supreme Court this morning. with
one exception. Clerk Webster called II
names and 20 men took seats in the box.
This Is three less than sat OH the last
grand jury, the Attorney General net
having asked for the full number of %,
as he may 90 under the recent law. The
grand Jury, it will te rememt mtered, for
merIy consisted Of 10 men, then the num-
Der was Increased TO IS, and 1t will here
after. unless on special occasions, consist
probably of the same number OF members
as we're smpanelled today.
The most important case that will come
before the present jury will he that of
horse trainer James Carp nter, who is
charged with having kicked Harry Morse
SO badly In Rowan's stable. in the rear OF
Westminster street, near stewart street,
on March 81, so that death resulted.
The members of the panel are: Benja-
min Il. Arnold OF Providence, forenan;
Dutee Arnold OF Providence, Thomas
Cranston and John Howe. Of Pawtucket,
John McQuillian and George Parkinson
Of Central Falls, George O. Wilder and
Daniel Dempsey of Woonsocket, Andrew
j. steere ana Abrem l.. Hawkins of Glou-
cester, Walter W. Whippie OF North Pro-
vidence, Alton j. Hill of North Provi-
dence, Charles X Henry OF Lrsnston,
SgIas II. Mowry of Foster, Thomas Smith
OF Smithfeld, William l.. Smith of East
Providence, Edwin ii. farnum of John
ston, Erastus w. Brown and james III.
Osler OF Cumb berland a'd James W.
Prirchard OF North Smithfieid.
Judge Wilbur gave the customary in
structions TO the jury and dwelt In an
especial manner on the solemnity of the
,atb ha fakan ba
necessity OF kee. ing the business trans
acted by the jury secret. There were 80
cases taken by the jury under considera-
sion the offences and the number of
each kind that the members OF the iory
Will consider are az follows: Murder. /;
burglary, 8; emit ezs.ement, 3; breaking
and entering, %; entering q dwelling
house in the night time, intent TO COM
init larceny, 81; forgery, j; carnal kuowl-
edge OF a girl under 16 years, 1; nuis-
anoes, 26; assault, /; assault with a dang
erous weapon, o.; larceny, l3 exposure
Of person, q; carrying concealed weapon,
otsiruciing and -resepting an officer,
]; destroying signal light on rail
road, ].
The jury retired TO its room in charge
Of assistant attorney gesersl, h. j. Du-
bois.
DEFENDANT ASKS FoR NEW TRIAL
Before Chief Justice AIatteson and
Justices TIliinghast ard Doug ass was
heard today the dciendants petition in
the case OF Martin tlahesty, administrators
against the New York. New Haven ~
Hartford Railroad Company. The plain
tiff sued TO recover for the death Of his
son Patrick Flaherty. who, on the 26th
of August, 1891, was thrown from the
side of car near tho slaughter houses be-
tween this city and Pswtucket. The
jury that first tried the case disagreed,
but second jury found vrdict for the
plaintiff in the sum OF 5000.
Frank >. Arnold, counsel for the de-
fendant. company, conlended that the
presiding justice erred In admitting GER
tain testimony and In excluding testi-
mony in the trial in the court below and
that the verdict was againstthe evidence.
Walter B. Vincent was counsel for the
plaintiff.
BILL OF SALE WAS GOOD.
A question arising ont OF the failure OF
merchant tailor John A, OiNeil occupied
the attention OF the Appellate Court for a
short while his worping. Mr.. O'Neill
sometime before his assignment 10
Walter 4. Crowe!l borrowed 500 OF the
firm of Atwood * Nichols, brokers, for
30 days, at the rate OF 4 per cent. "A
month, and gave the firm OF brokers
bill of saie of all the goods In his shop on
Westminster street. The parties who
loaned the money have brought bill In
equity TO have the bill OF sale declared
binding. and the amount of money loaned
to O'Neil ordered raid out of the funds
In the hands OF the assignee of the latter.
The statement OF the rate OF interest led
Justice Iilingnas. to ask IL il was ex-
pecteo such a contract rtqniring 4S per
cent. year could be enforced in equity.
MIR. Potter, who represented The com
plainants, suggested that the loan was
only made for oae year.
1t was agreed between counsel for the
a
parties making the loan, that the prop
erty should be sold, as IL there had been
no pill of sale, anG then the court should
be asked for ins ruciions in regard to.the
payment of he loan.
John O'Neil testified that he made an
assignment last Decemhe and that last
September he gave bill OF sale on his
store in this city to Atwood * Nichols,
after receiving loan Of 500. and that
the latter never took possession OF the
store AT the time OF his failure he stated
he owed his help a considerable sum OF
money. - '|f
IL was stated by counsel that IL tho
court allowed tho claim .of complainanis
there would be but little left to pay the
wages due 10 Mr. 0'Neil's workmeu.
The court de 'ided he complains nts
were entitled to relief, and awarded them
The sum OF si7S.61
ID. b. Potter ior compnipants and r.. =.
HonKins ava {. :. lover for assignee
and creditors.
TsIss DAMAGES FOR INJURIES RECEIVED.
Before Judre Wutur and . Jury was
osun TINS morning the trisl of tie case
Of James A. Piliing agninst the Nara
nsett Machine Company OF Pawtucket.
"a be plainl@Ti claims thst on the fSth day
q: June. 1t95 ie was wor Jog FOR the ce-
fcncapt 90 u.un 49, in the coarse Of
tne performance OF MS duties az "A larorer
ho vas severely injured on the head.
side and spine by the failing on him
OF pile. Of heavy planking. The in