Worcester morning daily spy. (Worcester, Mass.) 1888-1898, 1898-02-05
END OF LONG TERM
Criminal Session of Superior
Court Adjourned.
The John Reed Petition for Return Of
Bail Rejected and Perry Warrington
Refused Bail.

went surety for Reed during the re-
markable bailing tour of the state,
asking that the defaulted bail be al
lowed the petitioner The motion for
the return of the bail money was OPP
posed by District Attorney Parker, and
the court dismissed the petition, holding
that McLane was not party to the
case before the court, and had no in
terest in the proceedings at hand
Col. Gile then moved for a reduction in
the amount Of bail, claiming that it was
excessive and out of proportion to the
crime. This too was opposed by the
district attorney and the court declined
to entertain the motion, on the ground
that it was not the proper time to pres
ent such a motion, and that the motion
should be made by Reed himself on his
appearance in the court room, and that
then the court might entertain it. Judge
Hopkins then told Col Gle that he
might make a memorial to the court,
lreciting the facts and claims in the case
and that the court would consider it.
The petition of Charles B. Perry,
counsel for Jerry Warrington, who is
now in jail awaiting new trial as the
jury before which he was tried on the
indictment failed to agree, praying for
the admission of the defendant to bail
uHlll the next leIIH VI Tie
court, was overruled.
The first case for trial was that of
Mrs. Frances Smith, colored woman
charged with assault with firearms upon
John NJ Matson of Worcester, Nov. 8.
The complainant testified that he de-
livered some coal at the defendants
house. and that afterwards they had
had some discussion over door mat
which he had disturbed. The woman
rushed into the house, returning with a
revolver, ard on returning fired two
complainant had kicked and assaulted
her, and that she had acted IN self de-
fence The case was resumed from
Thursday, and the jury found verdict
of not guilty. James F. McGovern for
the defendant
The last cases of the sitting begun a
few minutes before ~ O'clock, and &C.
cupying the remainder of the
day. were those of James
WEIGH and his sister-in-law Minnie
WEIGH of Southbridge, indicted for
adultery on Oct. 8, 1897. The defence
was that there had been no improper
relation, that James WEIGH had been
accustomed for several years to pass
most OF his time at the house of his
brother. The defence also alleged that
John WEIGH had been guilty of excessive
drinking, and had made the complaint
against them as a result of one of his
drunken fits. The case was given to
the jury without final argument in the
afternoon. At about o'clock the jury
asked for instructions, if they were to
consider the adulterous act as confined
to Oct. Sd, and Judge Hopkins said that
in answer to their direct question,
he would give the direct answer
that they should, the govern
ment being allowed to present testi-
mony as to the conduct of the defen-
of the act The jury retired and re-
manned out until about Z o'clock when
they were called into the court by Judge
/ Hopkins, who gave instructions to the
Jurors as to their duties in striving con-
scientiously to reach an agreement.
The court cited a similar case where the
judge had instructed the jurors as to
the proper spirit they should show in
allowing full weight to one another S
opinions, and coming to a unanimous
| judgment The case had been taken to
the higher court, and the full bench not
only overruled exceptions, but COM
mended the instructions as given. The
jury was then sent back to the jury
room, and fifteen minutes later returned
to the court room, with a verdict Of not
guilty, and the defendants were dis
charged.
At 715, after an unusually long days
session, Deputy Sheriff Scott gave the
final proclamation, and the January
criminal term was adjourned sine die
SUPERIOR CIVIL COURT.
The jury in the case of William H.
johnson VS.. the city of Worcester, which
reached an agreement at 6 o'clock
/ Thursday evening, after the adjourn
ment of court, reported a verdict for the
plaintiff before Judge Bond in the SUI
perior civil court, Friday morning at 81
o'clock, damages being assessed in the
sum of $685.. The case was an action OF
tort with an ad damnum of $40 900 to re.
cover on account Of injuries to his wife
Emily w. Johnson, caused by a defec-
tive highway at the corner of Winches.
ter avenue and Main street last year
The wife is partially crippled, and had
previously brought suit on her own ac.
count, and secured a verdict against the
city. Charles R. Johnson, Frank P
Goulding, William c, Mellish for the
plaintiff; Arthur P. Rugg for the de-
PENDANT.
In the case of Charles w. Grosvenor
of Leicester VS.. James H. Wentworth OF
Newton, the jury found for the plain
| tiff assessing damages in the sum OF
with an ad damnum of $1,000 to recover
for the conversion of a colt belonging
to the plaintiff to the use Of the defend
ant. Thayer q Cobb for the plaintiff,
Jesse c. Ivy for the defendant.
The last case of the day was that OF
Gustavus F. Swift ct al. Of Chicago VS.
William A. Benson of Warren The case
is an action of contract to recover on
account for meats and provisions sold
fIaal IAfa 1ara NJ oil 1r,,,
was presented and final arguments
made, the case being given to the jury
Monday morning at 10 o'clock, to which
time court adjourned at o'clock J. H
Schoonmaker for the plaintiff; w. H
Kelley for the defendant.
The cases in order are as follows:
259O-(On triaD Swift ct al. VS.. Benson
Schoonmaker; w. H. Kelley.
2698-Smith VS.. Callahan ct al. w. E.
Sibley, c. e. Sibley; Thayer & Perry.
2491-O'Brien VS.. city Of Worcester
Wood & Wood; Rugg.
| 2693-Trimble VS.. Within machine
works. Sheehan & Cutting; Hopkins
! Smith & Hopkins.
! 2703-Leary VS.. city Of Worcester
| Wood & Wood; Rugg.
1770-Livingstone VS.. Bosworth. Stew
ems; Harris.
2O26-Lavigne VS.. Faucher ct al
| O'Hara; Potter
2O4S-Cameron VS. Warren Co. Stew
ems; Harris.
The following cases are continued.
517-Simon Rawitzer ct AL VS. Mary
A. McWilliams Blackmer & Vaughan
| Wood & Wood.
To March:
105G-William H. Robinson VS.. Judsol
| w. Hail. Harding; Wood & Wood
NIGHT LUNCH MAN SUED.
Suit was brought in the superior civil
court Friday afternoon by Mary w. Gil
of Worcester VS.. Chas. H. Palmer, tht
night lunch cart manufacturer, in al