The Providence news. (Providence [R.I.]) 1891-1906, 1897-10-22
Wanted TO Know if Use
of Spoilers is Proper.
JUDGE BOSWORT RTH'SREPLY
Incident Happened al Trial of the
Br0adhurst Case.
JURY CONSIDERING VERDICT

There was n rather uncommon scene in
Judge Bosw worth's court this morning at
the conclusion of his honor's charge in
the case of the state VS. George Broad
hurst
The indictment charged Broadhurst,
who conducts "a periodical store at 40
Atwells avenue with keeping liquor
nuisance. Mr.. George 4. Paine of this
city, who was foreman of the jury, ASKED
two questions that showed he did not
think much of some of the evidence
offered by the state.
Mr.. Paine's first question was If the
police were justified in spending the
states money for spotting, and ii 1T was
right for the officers to give money to a
man to induce him to 60 and get another
man To break the law. The statement Of
this question caused every attorney in the
court room and every other person to
take n sudden interest In what was going
on, and to await eagerly for the judges
reply, for though there is often in the
minds OF jurors prejudice against the
testimony of spoilers, 10 matter how
necessary the use of such testimony, yet
rarely has foreman OF "A jury so plainly
declared his opinion of it before he retir-
cd with his fellow jurymen to consider
the verdict.
Judge Bosworths reply was that he
mado no difference whether the police did
their duty in n proper manner or not, the
only question the members of tho jury
could be interested in was TO consider on
the testimony as presented.
A HYPOTHETICAL CASE.
Mr.. Paine said his second question
would be preceded by one of hypothetical
character. 1t was as follows:
II have neghbor 1 suspect of stealing
my silverware and l hire another party
to break into the neighbor's house / sus-
pect. thus breaking the law. Would my
| action be justiled?" MIR. Paine thought
| this case would be exactly parallel with
| that of the police in hiring men to go
into place where there was suspicion
that liquor was sold and he wanted to
| know how tho state could te justified in
| using such base methods in collecting
evidence against any one
To this question Judge Boswnrth re-
piled: II think, Mr. Paine, you are assum-
ing much when you say that the means
used by the state arc base ones and a
wider acquaintance with the criminal
classes and their methods would cause
you to change your mind It Is not my
business to pass upon the wisdom Of the
law for the manner of Obtaining evidence
and as | have before said your duty is
simply to weigh the evidence and reach
such conclusion as seems To you right"
Attorney Charles II. Page. Sr., asked
his hcnor TO instruct the jury that, while
IL was bound to see tnat the laws of the
state were enforced. it was their duty al
so to protect persons charged with crime,
and to have tho guilt of such PERSONS
clearly established.
JUDGE BOSwORTH' 5 ANSWER.
judge Bosworth's reply was that he
believed he had so stated to the jury in
his charge thai the innocence of the party
accused was presumed and that the State
must prove him guilty beyond reason
able doubt. His honor then told the Jury
that IL must not only see that tho laws
are enforced but that the safety and So
curlty of citizens is protected.
"In reaching your conclusion the ques
tiops raised by your foreman arc not to
be considered. - he continued. "You are
To look broadly ut the evidence and IL all
the evidence leads you to the conclusion
that the prisoner is guilty, convict him.
but il not. acquit him.
The spotters whose testimony gave rise
90 this discussion are Italians. and were
given money. By the police OF the district