The Providence news. (Providence [R.I.]) 1891-1906, 1898-09-17
KELLY WANTS
HIS FREEDOM.
Petition For a Writ Of Habeas
Corpus Heard Before Judge
Stiness--Matter Continued.

There was some very conflicting testi-
mony given before Judge stiness at
the hearing on the petition of Oran ].
Kelly. Jr., of Worcester. to be dis
charged from arrest under an execu-
tion taken out in the case of j. Henry
Fales VS.. Oran j. Kelly. Oran j. Kelly
about 10 days ago filed a petition for
writ OF habeas corpus, alleging that
he was wrongfully detained in the Gus
tody of Deputy Sheriff Richard t.
Keene OF Central Falls in an execu-
ton taken out in case where judg-
ment had been obtained for deceit in
the warranty of horse. The petitioner
for the writ of habeas corpus alleged
he knew nothing OF the case on which
judgment was obtained having been
brought, and said that the horse which
had been falsely warranted was the
property of his father, and he. the petit
toner, was in no way responsible. The
case was not as simple a one in the
matter of an alibi, or rather the matter
of alibi was not as potent as IL is repre-
sented to be in one of the Irish come
dies where the judge asks the man IL
he has an alibi, and on his replying In
the Affirmative discharges him.
The hearing was a pretty long one,
and David s. Baker, Jr., who with
Claude j. Farnsworth represented the
petitioner. after the testimony was all
in and Judge Stiness had suggested
that the petitioner should prove by
preponderance OF evidence he was not
the man on whom the writ was served.
that, IL the petitioner was forced to so
do, II would work a hardship upon him.
b. L. Dennis, counsel for Mr.. Fales.
urged that there had been positive
identification of the petitioner by the
party who accompanied the officer serv-
ing the Original writ. This case was
complicated by the failure of the dep
uty sheriff to recall on whom he served
the writ that rs. whether he served 1t
on the petitioner or not.
Judge Stiness continued the hearing
until the 9th inst. after arguments OF
counsel. IL Is probable the petitioner
will have more evidence then to sub
NIT to the court.
The petitioner testified his fathers
name was Oran A. Kelly. and he did
not know OF any execution being taken
out against his father. but did know
he was taken into custody by Deputy
Sheriff Keene under an execution
against o. A. Kelly. Witness said he
never saw ]. Henry Fales until he
saw him since the arrest, and never
sold him n horse, never warranted him
a horse and never had any transactions
with Fales at all.
on cross-examination he denied ne
ever sold any horses at Pierce's stable
in this city 20 Mr.. Fales. nor could he
recollect ever seeing Mr.. Fales at
Pierce's stable,
Mr.. Pierce terrified his business was
selling horses. lie had sold one Of o..
A. Keliy'a horses on commission To Mr..
Faies. going 10 Worcester To get the
horse Witness said the horse was got
from the petitioners father. to whom
the animal belonged. Witness on cross
examination said the petitioner was at
the stable when the sale was made but
ne did not know OF the petitioners hav-
ing any talk with Faies about the horse
on the day Of the sale.
]. Henry Fales testified he had con-