The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-08-10
WARRANT REFUSED.
DR.. Fiske Will Not
Be Arrested by
Local Court.
MR.. WALSH MAY GO FURTHER.
District Attorney or Grand
Jury May Be Asked to
Acl in the Case.
MR.. WALSH MAY GO FURTHER.

Clinton, Aug. 9.-Judge C. C. Stone
refused to issue a warrant for the ar
rest of DIR. jeremiah Fiske this morn
ing. The application was made in the
district court room at 10 this morning
by David l. Walsh, representing Mr..
and Mrs. Gigure.
The Gigures want DR.. Fiske arrested
for an assault committed upon their s.
year-oid son, Alfred, Monday morning
at 1890, as told exclusively in this
mornings Spy.
Unless the temper of the parents
changes the case is likely to become a
case of some note.
| Attorney Walsh is determined that
his clients shall have redress.
He declares that he will go before the
session of the grand jury, which will
| sit in Fitchburg this month, with his
! witnesses, and ask for a bill against DR..
Fiske
| This action will probably include a
| statement of the reasons that to the
mind of Mr.. Walsh make this course
necessary.
But there was a very interesting
time in this district court. The dis
cuSsion between Attorney Walsh and
| his honor, while conducted in low
tones and with the courtesy demanded
when addressing a court, was distinct
/ ly sensational.
Mrs. Joseph Draleau, who is a sister
in-law of Mrs. Gigure, acted as inter
prefer for her. After the criminal bust
ness of the morning had been disposed
of Mr.. Walsh called Mrs. Gigure and
Mrs Draleau, and addressed the court,
asking for a warrant.
Mrs. Gigure told her story. She said
that little Alfred was playing with a
number of other children around a
bonfire. DR.. Fiske started after the
boy and chased him into the Gigure
home. There he seized him by the neck
and choked him. He passed through
the entry of the house and the kitchen
to get at the boy. This was the sub
stance of Mrs. Gigure's story
Il She said that the boy was subject to
hts, and that the attack of DR.. Fiske
had unnerved him completely
Judge Stone said that he could not
issue the warrant. He said he knew
the story, and that it was not the story
told by the woman at ALL
Attorney Walsh said, with a smile:
i did not know, your honor, that it
was customary for a court to hear the
come defendant in a case"
He then continued: II am DESTROYS
that warrant shall be issued in this
case. because l am convinced that an
aggravated assault has been commit
ted. These people have already asked
for such redress as the law affords
them, and have not received it. They
feel that there is one law for the rich
and another for the poor. 1 do not
wish them to go home with any such
: feeling. AS your honor knows, a citi-
zen is not permitted to take the law in
to his own hands. Even if DIR. Fiske
had provocation for the assault he
committed upon the little son Of this
woman he was not justified and could
not have been justified in committing ar
: assault upon him.
Judge Stone remarked that under the
circumstances he would have beer
tempted to do the same as DR.. Fiske
Mrs, Gigure tells this story about hei
2 previous efforts to obtain a warrant
She first went to Chief of Police Bates
He listened to her story patiently. anC
sad that in his opinion she would have
. no diff1culty in getting what she want.
ed. He sent her to Clerk Bartlett. She
saw Clerk Bartlett, Monday night il
the court house, and says that he TOLD
her there was no gas, but that If she
would come into court Tuesday morn.
|
Accompanied by Mrs Draleau, Mrs
Gigure obeyed the instructions giver
her by Clerk Bartlett
instead of getting a warrant, how
t ever, she claims that she was uncere
f moniously hustled out of the court room
o without being given an opportunity t.
speak with the Judge or with Clerl
: Bartlett
al Mrs. Draleau says that Court ONCE,
r Abi1ah Brown told her that she coulc
not talk with the clerk, that nothint
r could be done for her and that it would
f be better for her to go home. She say.
4 she repeated her request to be allowed
v to state her case to the clerk and wa:
again denied
t Attorney Walsh was seen by rep
: resentative of The Spy this morning
: He said: 1.-THE situation is a novel one
S Tor me. There is no doubt but that al
S assault was committed. The law doubt
ri less affords a remedy"
: He did not care to discuss the case
4 but affirmed the statement that tn,
:, case would be brought to the attention
e OF the district attorney, and perhaps
laid before the next grand jury
e The case is making a great deal o.
ri talk here. The Gigures are poor people
t but they seem to bear an excellent rep
: utation. Gigure is a hard working man
g DR.. Fiske, on the other hand, is on,
: OF the best known men in Clinton HI.
oil is the owner of o considerable amour
of property, lives in one Of the fines
: residential districts of the town and IL
e a man of influence He is much respect
S ed. When DR.. Fiske learned that Thu
g Gigures were trying to make troubl
: for him, he sought some of the authori
e ties personally, and said to one maj
r that he should call upon Judge Ston,
and lay the matter before him.
" j. r. Shea, a brother of D. F. Shea
e the unfortunate young man who wa,
e killed by trolley car at the top of Bal
r lard hill, on the Leominster & Clinton
!, Street Railway line, as told in TIL,
r Spy, was in towr this morning. HI
t called upon Medical Examiner Tobey
= and was made familiar with Or
Tobey's report on the case
n He went to the undertaking rooms O.
: Martin Murphy & Co., and asked to Sc,
g the wheel upon which Daniel Shea rod,
= to his death. The wheel was shown /,
: him. He also desired to see the cIothin.
that his brother wore. But this was no
at the moment accessible. Shea does no
now think that his brother met will
foul play
Il The Spy this morning told about two
1 men, who were said to have gone int,
a house near the scene of the acct - m
and to have said to the people In tn,
house: There Is man on the trolle,
track. You ought to get him off he
IL IT. Cd.