The Providence news. (Providence [R.I.]) 1891-1906, 1898-09-27
RELEASED
FROM ARREST
Judge StineSS Granted
Kelly'S Petition.
A LONG LEGAL BATTLE.
Identity Of the Prisoner Not POSI-.
lively Established. .
A LONG LEGAL BATTLE.
MUCH CONFLICTING TESTIMONY.

Judge Stiness this noon granted the
petition of Orran j. Kelly. Jr., of Wor-
cester for release from arrest on an
execution i'm a case brought two years
ago by j. Henry Fales of Central Falls
VS.. Orran j. Kelly of Worcester. The
question was whether the writ in the
action was served on the petitioner
whose father bore the same name as
he and is said to look something like
him.
The testimony in the case was very
conflicting but as Judge Stiness stated
in summing up there was no positive
Identification of the petitioner as the
party arrested on the original writ and
there was a good deal OF credible tes-
timony that the petitioner was not at
the state fair grounds in 1896 at which
place the writ was served The deputy
sheriff who served the writ would not
after the lapse of two years, swear pos
itively that Kelly was the man he
served the writ on.
Florence G.. Kelly of Worcester tes-
titled she resided i'm that place in Sep
tember. 1896. The petitioner she said.
was her brother and he returned home
from the Rhode Island state fair the
night of the first day sick and remain
ed at home for two weeks.
Richard Coonan Of WORCESTER testi-
fed he was a farmer and went with
cattle belonging to the Kellys TO the
fair I'm 1896 and that the petitioner had
to leave the fair on account of sickness.
A witness named Bond corroborated
Mr.. Coonan's testimony about the pc
ttioner being sick. r.. Sawyer OF Wor-
cester testified Mr.. Kelly, senior. come
down to the fair with him on the Tues
day referred to. Henry Sawyer testi-
fed that the petitioner came home
Monday night sick and he took the pc
ttioner home. Petitioners brother told
him that the petitioner was improving
slowly several times Turing the week
OF the fair in the year named.
Town Sergt. John Bigbee of Cranston
was the first witness called i'm rebuttal
He testified that he knew the petitioner.
and on Wednesday OF fair week in 1896
he served writ on petitioner, but
found afterwards IL was a writ beyond
his power to serve. on cross eXamina-
ton witness admitted he had no way
to positively prove that he served a
writ on the third day of the fair, and
was positive he did not serve the writ
on the first day. Mr.. Bigbee said the
next day after his attempt to serve the
writ a deputy sheriff came out and
served the writ: he thought ii might be
that the plaintiff i'm the case where he
tried To serve the writ might be the
same as the plaintiff i'm the case in
which under execution the petitioner
was held. Witness was sure he did not
serve the writ on the petitioners father.
but could not tell whether service on
petitioner was by reading or handing a
copy to him.
Alfred Sherman OF Central Falls tes-
titled he saw the petitioner at the state
fair i'm 1896. and the same day saw a
deputy sheriff and Mr.. Fales together:
this was Wednesday of the week OF the
fair. William McGinty, formerly in the
liquor business in the baby city, cor
roborated Police Constable Sherman's
testimony.
Deputy Sheriff Winslow, who at the
previous hearing had testified he did
not remember whether the petitioner
was the man he served the writ on in
the original action, was recalled by Mr..
Dennis. counsel for Mr.. Fales, who op-
posed the petition. His testimony was
to the effect that the more he thought
of the case the more he became OF the
opinion that IL was the petitioner on
whom the writ was served; In fact,
there was no doubt in his mind that he
served the writ on the petitioner, but
he would not swear To It,.
John j. Kelliher said he saw Thomas
Sweeney i'm Worcester last week and
Sweeney asked him If he knew whether
Kelly was I'm Worcester i'm 1896 during
the week of the Rhode Island state fair.
Witness replied i'm the negative; then
Sweeney offered him 81. besides his eX-
penses, If he would swear the petitioner
was not i'm Worcester that week.
Edward NJ. Barrett testified he heard
Sweeney offer Kelliher s. and expenses
III he would swear that Kelly was not
I'm Worcester the week named. Barrett
said Sweeney wanted another witness
and that the conversation took place in
Doherty's saloon, Worcester
Thomas Sweeney denied Offering
either Eelliher or Barrett any money
TO swear falsely. He said u was ap-
parent 10 him that the two chaps were
working him for the drinks. and he told
them II he wanted them he would be up
Tuesday morning. He said he did not
go 10 Worcester today. and that the
two men were perjurers.
The petitioner was recalled and de-
MED that any process had been served
on him I'm this state. except the execu-
ton since 1892. He stated that. though
he had been going 90 the state fair II
wears, he did not know Town Sergt.
I}igbee OF Cranston.
Judge Stness then granted the petit
tion.