The Providence news. (Providence [R.I.]) 1891-1906, 1897-12-23
SUIT OVER
DIAMONDS.
Miss Burns Replevined
Them From Wilzke.
NICE DISTINCTION MADE.
Lawyer Carroll Testified He Has
the Gems in His Safe.
NICE DISTINCTION MADE.
CASE HELD FOR AMUSEMENT.

The replevin suit of ACdie ID. Burns VS..
Rogers in the appellate division today,
jury trial having been waived. The prop
erty in dispute consisted of two diamonds,
one a large one valued at $500 and the
other "A smaller one valued at s200, and
Miss Burns claimed botb'of the diamonds
something over year ago, and replevincd
them from road house in the town OF
Cumberland
Miss Burns was formerly housekeeper
at Wilkes but they hau falling out,
and this Is the second law suit they have
had tried recently. One time Witzke put
his property, near Diamond Hill in Miss
Burns name. The latter said at trial
held in the common pleas division OF the
court that Witzke made an absolute con-
veyance of the property 10 her. This Mr..
NltZke denied and jury took his view
OF IL, but the same jury said that "A man
named Dunn, who bought the property of
Miss Burns, was purchaser In good faith.
Allen II. Wilson, n constable who went
with the deputy sheriff that rep.evinod the
diamonds drew nice distinction in mis-
testimony at the trial today. He was
asked why, If the writ called for dia.
monds, he too. diamond ring and stud.
His reply was that he did not believe the
writ gave him the right TO take the stones
out OF tho settings.
Ihe property replevined besides the
diamonds consisted OF sIlverware, which
Mr.. WitzBe did not demur TO giving up,
but ne hestated about giving up the
diamonds though he opened tho sale ifor
the officer who had come prepared TO open
had the owner refused. Hugh j. Carroll
counsel for Miss Burns, was witness
and he testified to having given the officer
who repleyined the property receipt and
then put the diamonds In his safe
This was rather "a surprise to the attor-
neys on the other side, for ono of them
asked witness If he did not tell some one
the diamonds were in the safe deposit
-campapy1s- vault in this city. lie admit
ted he did. but explained the pecadillo
by saying that certain parties were COM
ing TO his Office about the case and he
thought IL test not To have the impress
sion go abroad that he kept such valu-
ables In his office Mr. Carroll said that
the diamonds would now be mt once re-
moved Mr.. Carroll was asked several
questions about diam onds, but said he
was not AN expert Whom asked whether
the smaller diamond was set as stud
such rs women wear. tho attorney witness
said that owing To the near approach of
women's costume To that OF msn, hs
thought women and men might wear the
same kind of Jewels.
" ft7h testified that the-fsfse dia-
mond In dispute had been given to him
10y Miss Burns couple of years ago In
bridgeport Conn, just before Christmas,
and that he was greatly surprised Co re-
ceivo IT, A short time before he had pre-
sentedi Miss Burns with n pair OF earrings
i he large diamond WINS set In u ring ana
the ring was enlarged so as TO go around
one of his very large fingers. The smaller
diamond was set for a gentleman shirt
stud.
Judge Rogers held the case for advise
ment. Wit2ke was represented by Attor-
neys Joan W. Hogan and Joseph Osiield,
Jr.