The Providence news. (Providence [R.I.]) 1891-1906, 1899-11-24
LAWYERS HAVE
A LIVELY TILT.
Solicitor France and Mr.. BaIlou
Exchange Compliments.
FORMERS STATEMENT, CAUSE.
Said Juror Who Tried The Allen Case Had
Been Mr.. Ballou's Guest
PROMPT DENIAL FROM Mr.. BALL0U.
He Also Quotes Burke Very EfiscilVsly-Tha MAI
ier Before The Court Mas Petition fora
New Trial Of Allen Case.

This mornings session of the appel
late court was eniivened by an ami
mated discussion between City Solicitor
Erwin j. France of Woonsocket and
former City Solicitor Walter L. Ballou
of ,he same CIV. The case before the
court was Mary A. Allen VS.. the city
Ct Woonsocket and the defendant
sought TO have jury's verdict for $l1OO
SET aside and a new trial granted.
City solicitor France in his argu-
ment SAID the accident was due to
snow and ice. The snow storm that
prevailed at the time of the accident,
February ? 1899. was the worst in
decade ard under the statute the city
was exempt fsom damages as. II dld
not have notice OF the dangerous condl-
tton of the highway.
Mr.. France also stated that the jury
verdict might be accounted for be-
cause the members of the panel were
angry at being sent to the northern
metropolis, as many jurers had SO eN-
pressed themselves. Furthermore Mr..
France said he was informed that one
OF the jurors had been the guest OF Mr..
Ballou counsel for the plaintiff, the
morning of the trial at Ye Arnold inn.
MR.. BALLOU INTERRUPTS.
r.
interrupted with the query who told
you so? Who made this statement
Mr.. France said he was told so and
then dealt with a correction In the
stenograDhers notes that had peeh
made at his. Frances, request because,
as he claimed. the stenographer had
not taken down certain exceptions. FL
| nally Mr. France dropped. Micawber
| like. into poetry and brought his argn-
| ment to, an end with ringing climax
Mr.. Ballou said so far as the gem
tleman's brief went he had nothing 10
say. sHis own brief would stand on
whether IL accurately stated the testi-
mony and the law in the case. He must
| however correct certain inacs uracles
| in his opponents statements 10 the
! court. The testimony was to the effect
! that the snow had been cleared off the
| sidewalk am1 ice had formed in cer-
tain spot owing TO the bad condition or
the concrete. That for a long time this
sidewalk had been I'm a dangerous con-
dition and why the gentleman on the
other side should make any such state
ment as that the accident was due TO
the snow storm he could not account
for save as Burke said: 1T is a quality
OF all greatness to DE inaccurate"
This striking quotation brought
laugh from all in attendance on the
court.
MIR. BALLOU'S DENIAL.
Mr.. Ballou said ne did not believe any
one ever told the gentleman on the oth-
er side that he, Ballou, was at Ie Er-
mold Inn with one of the jurors. Il
ask him if any one did so to name
him."
Mr.. France. Were you not there the
MOI ming OF the trial?"
Mr.. Ballou-"No, / never was at Ie
Arnold Inn before last summer, long
after the trial"
Mr.. France said ne had been misn-
formed and Mr.. Ballou with some heat
said IL was "A habit of the gentleman
to be misinformed on matters and
bring his misinformation before the
court at the l1th hour.
Mr. Ballou then discussed the
changes MIR. France had had rr1tdc in
the record i'm regard to exceptions and
said no such exceptions had been taken
by Mr.. France. The Jury Mr.. Balou
-said-M a competent one, the award
was not excessive and If ever there
was just veruTct awarded in the state
OF Rhode Island this was a Just one.
The court held the case for advise
ment. Mrs. Allen had a wrist broken
and her back badly injured
by the fall.