Worcester morning daily spy., 1898-02-04
COURT CALENDAR.
Decision as to Bail for Yarring-
ton is Reserved.
Novotny Sentenced TO One Year for For
gey-Ftchburg Man Given Four Years
-other Criminal Court Gases.

inal court before Judge Hopkins, Thurs
day morning, at 9 o'clock, Charles B.
Perry as counsel for Perry Warrington,
who was recently tried on an indict-
ment for obtaining money from John
w. Knibbs under false pretences, and
in which the jury disagreed, presented
a motion for the admission of Perry
Warrington to bail Mr.. Perry argued
that the defendant had not been con-
victed, and he therefore stood in a diff
ferent light than he did before the trial,
and that he should not be compelled to
remain in Jail to await a new trial at
the May criminal term. District Attor-
ney Parker opposed the motion, on the
ground that Warrington had previously
been admitted to bail and defaulted.
Lawyer Perry will present to the court
a letter which was written by Yarring-
ton to John M. Brennan, a Providence
attorney, on Nov. II, 1895, IN which it is
shown that Warrington intended to be
present to answer to the charges which
were pending against him in this coun-
ty, Decision was reserved by Judge
{ Hopkins.
The case of Samuel Rosenthal of Clin-
ton for alleged violation of the itinerant
vendor act was then placed on trial. He
was fined $40 in the lower court, and
appealed. Upon the verdict of guilty
by the jury, the court ordered him to
pay fine of $40, which was paid. JON
athan Smith appeared for the defen-
dant
Frank Novotny, on his plea of guilty
| of forgery, was next called for SEN
tence, Novotny forged checks for SIS,
using the names of Robert Kessell, Jo-
seph Harper John Horgan and Thomas
/ Lumb. The checks were all dated Dec.
4th, and were cashed later. Six days
afterward the defendant went to New
| York. where he was arrested and
brought to Worcester by Inspector
O'Day. The defendant, who has kept a
cigar and tobacco store, said that he
had wife and child dependent upon
| him for support, and that he had had
clear record in the past. A partial res
toration of the money secured from the
checks has been made by him. He was
sent to the house of correction at hard
labor for one year. Sullivan & O'Con-
nell for the defendant
John Martin Of Clinton, for illegal liq-
uor keeping, was fined $50, the fine Of
/ the lower court being affirmed.
| The following defaults were recorded
on indictments for adultery. Charles
McDavitt, Mary E. Edison, Spencer
Pierson and Hannah L. Nickless.
| Michael Sullivan of F.tchburg was
I tried for larceny Of SIS from Bartholo-
! new Moriarty, also of Fitchburg. The
| two men worked together, and one af-
| ternoon, after Moriarty had been paid,
| the two began to drink whiskey at
Moriarty'S expense, Sullivan being with
out money. Moriarty became the drunk
er of the two and before the end of
the evening, when they were going down
a dark alley, Sullivan put his hand in
| Moriarty's pocket and appropriated the
| contents. Mopiarty was sober enough to
question Sullivan about the act at the
time; but, as Moriarty was arrested
morning, no complaint was made until
Moriarty had served his sentence of 80
| days in tine house of correction. At the
expiration of the sentence, Sullivan was
arrested. Chief Tarbox of the Fitch
burg police and Officers Sanderson and
Kendall, with Liveryman Davis, testi-
i fed as to the facts Of the case. Sulli-
| van had hired a carriage on the night
| he had drunk with Moriarty. and on
1 his return tine following morning me
/ had been heard to say that he had
"blown in" $12 on his friends, and they
| had showed. poor appreciation by re-
fusing to take him home, Liverynan
Davis sending him home in the team.
The jury found the defendant guilty,
and before sentence 1t was shown that
he had been previously sentenced, twice
for drunkenness and twice for larceny.
Judge Hopkins gave him a maximum
sentence Of four years and minimum
Of two and half years at the state
prison. The defendants wife testified
in his behalf, and, in spite of his con-
viction and sentence, she pleaded with
him TO be good and chung to him to the
last. The defendant was without coun-
sci, but cross examined the witnesses
sharply and argued his case to the jury
with considerable confidence.
William T. Mallard, on his plea Of
guilty of embezzling a small sum Of
money from Laundryman Burns, on Ex-
change street, was allowed to go on
| probation.
Bridget Dempsey Of Fitchburg was
before the court, charged with a viola
! ton of the liquor laws. She had APP
peared previously in the past year for
| liquor selling; and, upon her promise to
| go out Of the business, her case was
+ filed. Chief Tarbox and Officer Sander
/ son of Fitchburg testified to seeing
! men visit the place of the defendant,
and the latter had seen men go in the
woman's tenement and come out under
| the influence of liquor. The complaint
bore tine date of July 7, and when the
/ defendant herself was placed on the
stand she testified that she had not
sold since the complaint was made and
she had been allowed to go on probation
! at the Fitchburg criminal term She
| said that for a period of five weeks she
| had visited a sister in Pittsburg, Pa,
and had not been in Fitclhburg. Her
! children, who We're dependent upon her
/ for support. she had placed with a
/ al and
! be married a second time.
The original fine in the lower court
4 had been $50 and one months imprison-
ment, and when this was affirmed the
! defendant sobbed piteously and be-
! sought clemency, so that she had to be
/ led crying from the main court room
/ by Deputy Sheriff Sheehan to the jury
room, where, for some time, she con-
/ tinued to wall
Her agonized manner drew attention
! to her case, and later, after she had been
/ Gained, she took the stand to shed light
| upon few facts of the case. District
! Attorney Parker asked her If she had
not, five weeks previously been mar
ried a second time, and she admitted
/ that she bad. She admitted that she
! had lied, and said, in explanation, that
she thought it was for the best How
ever she affirmed that she had not sold
! liquor since she was placed on proba-
ton. She said that she had left her
\ children with her new husband, con-
! trary to her previous statement that she
/ had left them with her neighbor The
! government thought the circumstances
were such as to probably entitle her to
| one more chance, and she solemnly
promised the court that she would guard
against any infraction of the liquor law
on her part or on her husbands, with
| full knowledge that If she did commit
4 such an infraction she would be deliv-
cred to the Jail authorities on a capias
and compelled to remain in jail until