The Providence news. (Providence [R.I.]) 1891-1906, 1897-12-17
'BROWN LOST
HIS CASE.
Tried 10 Serve a Repleyln
Writ on Farr.
VA
FARR TORE III In PIECES.
vi
Then He Was Arrested For OBJ
siructing an Officer.
FARR TORE 1T In PIECES.
TRIAL IN THE DISTRICT COURT.

know more the next time he attempts TO
= serve a writ OF repleviD than he did last
Saturday when he caused the attest OF
kichsrd w. Farr on IA charge of OBJ
strlcting an officer knowing him 70 be
such. There is where be failed lie could
= not establish the fact that Farr knew he
was an officer when he attempted To
:. serve tho writ OF repievin. Farr on the
NJ other nand by his own testimony ana
:. that OF his wife showed tnat there was no
:, eyidence that Brown had given the In
!, formation that he was an executive OF the
= law.
% ness on Elinwood avenue. lie sells dry
4, goods In one plnce, Keeps hardware
= store in another AMI has another store
!, also located in the vicinity of the other
= places. he turns "a nimblesninepence by
Z iepairinc bicycles and the difficulty that
y was ail cd In the sixth District Court
I. this morning before Judge Sweetland
/, was about "a bicycle.
!. Some time ago James Dolan took n
= Dayton wheel 10 tarr to have ~ re-
paired. The repairs involved some ex-
pense TO the repairer and the wheel
needed considerable fixing Farr kept
the wheel for n long time and the man
who lett 10 IN his place not appearing TO
claim his property he began 20 feel con
communicated with the Congdon a Car
penter company 20 see IL any light could
be thrown n he owner of the bicycle ana
4 then transpired that 10 was roally
: owned by The Congdon n Carpenter com
= pany as Dolan had not paid all the In
falments on It.
IL was simply a leased machine until IL
yas paid for. OF course, the owners
laH IN W A. hp lieVrlp =
ana they instructed their employe, MIR.
Brown, who is also "A constable with
power to serve civil papers with authority
from the board of aldermen 20 have "a
writ OF replevin made out and 90 get the
bicycle in question from Mr.. Farr. At
torney Burbank, alderman from the Sec
ond ward maze out the writ 30 that in
his estimation it was n perfect document
and the constable after securing sureties
and few other necessary things, went
10 Farr's hardware store lo met Mr..
Farr and exhibitc ms legal document
which MIR. Farr said he thought was u
bicycle lease. Constable Brown informed
the hardware store man that he was go
ing % take the bicycle as it belonged to
tho Congdon ~ Carpenter company.
Farr wanted to know where th3 money
to pay for the repairs was TO come from
and the constable informed him that he
was ''out of il. v therefore Farr said that
he could not have the bicycle unless he
went with IL. lhe leSal paper was shown
TO tho man who wanted money for his
work, ard on request II was placed ia
his hands. He tore the document in two
pieces and threw 1t into the stove where
IL went out of existence in flame.
The next chapter was the arrest of Farr
and he appeared In court last Tuesday
morning and said he was not guilty. IIe
IL. t. d De tg.,
trial this morning, and he was on hand
with his attorney, Clarence A. Aldroh.
He was also accompanied Il Dy his wife and
14-year-old son who were present in the
store when the writ OF reulsvin was torn
up and thrown in the stove.
A reporter testified rs TO the conyersa-
tion he had with Farr relating to the
destruction of tAe writ. Farr said that
he refused TO accept service of the isper
from the constable and took 10 and for
tearing IL threw 1t into the st0ve. 10
knew what the paper meant but no did
not know that Brown was an officer.
At this point in the proceedings Attor.
ney Aldrich asked that tho action be
uuashed because tho warrant did not
aIlege that Farr knew Brown 20 bs an
officer Judge Swoetlsnd would not en-
tertain this and the trial proceeded
City Clerk Clarke was called. hut ms he
had only copy OF the records of the
Board OF Aldermen showing thar Brown
had been regularly appointed "A constable
he was exc Used until he took walk over
10 the city hall ana returned with the
original entry.
Alderman and Attorney .Burbank told
the court how careful he had been in pre-
pairing the writ In the tilt which ensued
between Attorney Aldricn and Attorney
Burbank relative 20 the correct WAY to
make out a writ, the judge requested
Lawyer Burbank not To ioraet he was
witness.
Constable Brown told the court inst
what transpired from the time no entered
fari's store up TO the moment OF the
htrninR OF the writ and the request from
Tarr 10 quit the premises. lie said that
he was employed at the store of Cong
don &,Csrpenter besides'being n constable
and that he had served about 5O writs
since he had been ali oilcer.
Farr In his own tehalf stated that the
paper torn up he supposed was bicycle
lease and hs he was familiar with those
documents he did not propose TO listen
10 the reading of the long riqHmarole by
Brown whom he knew as ,lsrk In the
ConRdon a. Carpenter store. lie had
bought goods of him there and be had no
Idea he was an officer. Brown did not
tell him that he was constable ana did
not say that the paper he bad was "A writ
lie did not intend 20 let clerk IN
bicycle store 90 into his place and tale
away a bicycle on which he had ex.
pended time and money wi n iut receiving
lome compensation. At no time IN the
proceedings was he aware that Brown
was an officer.
Mrs. farr and her son also testified %
practically the saino thing. Judge SWEET.
land criticised the plan Of having man
In the employ oi company engaged in
serving writS Ia the Interest of that com
Uany. Browns testimony was unsup-
ported. lie WAS u clerk in the Congdon
a. Carpenter store and Farr had bought
goods OF him. n was a natural mistake
TO make. The defendant having seen the
constable In the stOre wa- under tao im.
prsssicn that be was present On business
Tor the store. Brown dld not show bV
any testimony but his own that ie had
announced that the paper be exhibited
and whicn farr had burned was writ
and that he was an officer ON tbe other
hand farr's testimony was supported by
fbnt OF his wife
The judge discharged the prisoner