Worcester morning daily spy., 1898-01-28
COURT CALENDAR.
Warrington Case in Superior
Criminal Court.
Entire Day Thursday Was Consumed in
Testimony--Judge VIII Charge
Jury Today.

The entire day, Thursday, at the ses-
sion of the superior criminal court wac
consumed in the trial of Perry Yarring-
ton of Boston, indicted for obtaining
money under false pretences from John
w. Knibbs of Worcester, April 49, 1895
The case was put ON at the opening OF
the court and continued until noon. II
took up the time Of the afternoon, and
at time Of adjournment the counsel had
only finished their pleas. This morning
Judge Hopkins will charge the jury
when they will take the case for con-
sideration. Warrington is represented
by c. W. Wood and Thayer g. Perry.
District Attorney Herbert Parker con-
Quoted the case for the commonwealth.
After the jury had been impaneled
counsel for Warrington requested that
the court inquire of the jurors if any OF
them had, from what they had read Of
the case, formed any opinion that would
influence their verdict, and the court an
nounced that if any member of the jury
had formed such an opinion he might be
excused. No one retired.
John w Knibbs was the first witness,
He testified to his meeting the defend
ant at the Waldo House and the CONVEX
sation In regard to Yarrington's inven-
ton, gas machine, The defendant rep
resented to the witness that the ma
chine would manufacture gas at a saw
ing of 80 per cent of the present cost,
and possibly would be able to manu-
faeture gas as cheap as 10 cents thou
sand feet.
The defendant offered to sell him
rights in FIVE counties, including the city
of Worcester, for $4,000
The witness was to pay $4,000 in mon-
ey; the defendant promised to take 40
per cent in stock and the balance was to
| be paid from the profits of the machine.
The witness gave the defendant check
for $1,000, $500 in cash and team worth
$500.
A machine was built and set up at the
witness stable, and when tested with
! five gas burners it was found that 1t
would work but two hours. Defendant
was sent for to explain, and said he
would make it all right, The witness
next saw the defendant in Providence.
He wanted to settle the case by giving
notes. The witness had not seen the de-
PENDANT since until he saw him in court.
No further test of the machine was
made.
THE articles of agreement between the
plaintiff and defendant We're submitted
as evidence.
Henry B. Quimby testified as to the
conversation between Knibbs and var
rington at the Waldo House, concern
ing the machine and what it would do.
The witness told the story of the work.
| ing of the machine at the stable OF
Knibbs.
| The eross-examnation developed the
| fact that the witness had invested $1,000
with Mr.. Knibbs I'M the enterprise.
| William Harrington testified as to
statements made by Warrington to Mr..
Knibbs and others.
Arthur w. Jefts Of Worcester, as an
expert on the manufacturing of illumi-
mating gas, testified that he had used
the process employed by Warrington
and that it was one of the oldest meth
DDS known. 1t was impossible to make
$4,000 feet of gas from the quantity OF
material used by the Warrington ma
chine. He Thought the amount would
be about 100 feet. The amount con-
sumed at the trial at the Knibbs stable
was about 40 or so feet. The witness
had asked Warrington about his machine
and was told that it would produce at
4 least 10000 feet when charged
! At the afternoon session Perry Var
rington was put upon the stand. He tes-
titled as to the meeting with Messrs.
Knibbs and Quimby at the Waldo
House. and exhibited to them a ma.
chine, the one in court. He claimed the
machine would make gas at about 81
per cent less than the usual cost They
were interested in the machine, and he
| took them to Providence to see parties
who had bought a machine. He denied
telling Knibbs that TIE machine WoulC
make gas at 10 cents a thousand feet
He gave patent papers to Knibbs, who
| prepared the contracts for signing He
/ never told Knibbs that the amount o.
material named in the indictment would
make $4,000 feet Of gas. He knew by
experiment that it would not
He first learned that Knibbs was dis
satisfied when he met him in Proyi,
dence All that Knibbs wanted was Il
get his money back. Knihhs had never
charged him with false statements.
Warrington sad he defaulted in the
lower court because he did not know
the date set for his hearing, He claimed
ne gave Gen, Brennan of Providence
$500 to get Judge Corcoran to defend
him. A few days later Gen. Brennan
asked for 5000 more, which he did mo-
send, and his counsel failed him. tn,
case was called, but he was not in
formed, and me was defaulted He di(
not learn until three weeks after tina.
he had been defaulted. He was Informed
that being defaulted, he would b,
sentenced without a trial; and this in
formation scared him nearly to death
At this part of his testimony the de
PENDANT broke down and tears streame,
down his face. He knew that an i'm
dictment had been found against hin
in the state of New York, but he KEEP
away from Worcester because he feare,
being sentenced to Jail without a trial
Considerable evidence was excluded
and Counsel Wood noted exceptions t
many of the rulings.
The defendants wife was next place
on the stand, and counsel for the de
PENDANT tried to get from her q state
ment of her transactions with Ger
Brennan and whether she mailed a lei
ter to him or not The testimony wa
excluded,
Inspector w. ]. f. Stone was the las
witness. He testified to the arrest O
| Warrington in Providence ON the indict
ment.
Attorney Wood then argued the de
PENDANTS case for an hour, and Distrie
Attorney Parker took up the remainde
of the time until nearly o'clock wit
the argument for the commonwealth
At the close Of his argument the jur
was discharged for the day.