The Providence news. (Providence [R.I.]) 1891-1906, 1900-01-03
CAPELLI SEEKS
A new TRIAL.
Claims Damages in the Donate
Case Were Excessive.
CHARGES AGAINST WITNESSES.
Allegation Made That They Agreed 10
Testify for Compensation
CASE GREW OUT OF INJURY TO A BOY.
Was Struck on Head BY Beer ksg That Was
Thrown or fell from Defendants Wagon.
Held for AlvssmsnL

Chief Justice Matteson and Justices
Tihinghast and Rogers today heard the
petition of the defendant for a new
trial in the case Of Pietro di Donate,
pro ami, VS.. Antonio Cappelli. The case
was tried before Judge Dubois last
April and a verdict for the plaintiff for
$1,000 was rendered by the jury.
A new trial was asked for on the
grounds that the verdict was against
the evidence, and that the damages are
excessive. Harry C. Curtis, of counsel
for the defendant i'm his argument
said no two of the plaintiffs witnesses
agreed. The plaintiff was a child seven
years old, and was struck by a beer
keg that was thrown or fell from de-
fendants wagon, and had his head and
shoulder cut. The defendants servants
were unloading beer in front OF sa-
loon at 307 Douglas avenue when the
accident occurred.
Mr.. Curtis declared the stories were
told through an interpreter, except the
Doctors and that the chief witness for
the defendant, officer Bowling of the
Second station, testified that none of
the witnesses for the plaintiff, who de-
from the defendants wagon were any
where around at the time, and that
the boy, Pietro, was rolling a hoop
along the sidewalk There are affida-
Wits on file in the cases of Antonio T.
Cappelli and Raffaelo Co?pola TO the
effect that Luigi Francesca, Francesca
Cosmo and Alphonse Colo made ad
missions subsequent TO the trial that
they had not testified correctly at the
first trial.
The court said Il did, not see how
these afiidavits could be considered
now, as the court must decide on the
petition for a new trial on the tesu-
mony presented TO the jury.
Mr. Curtis said that the Witnesses
whose testimony had been favorable TO
the plaintiff claimed they hdi agr.'d
to give certain testimony for the plaln-
tiff for a compensation, bur were not
given the promised remuneration py
the plaintiffs father.
Chief Justice Mates IN asked IL any
complaint against the parties had
been made for perjury The reply was
a negative one.
In regard TO the damages. counsel ar
gued the injuries to the boy were sllght
he only Ieaui ng the attendance or a
doctor for a week 8,
John +. Conley who was associated
with Dennis j. Holland as counsel for
the defence, argued that there was eVi-
dence that the boys nin1 as the re-
suit of the blow on his head, rad been
ruined and called attenti IN to vari-
ance in the testimony OF two witnesses
for the defendant, one swearing the
plaintiff was rolling a hoop, and the
other that the boy was hanging on 10
the tail board OF the wagon.
r. n. McGuinness Of counsel for the
defendant argued that the damages
were etcessive. as was evidenced oy lne
fact mat the plaintiffs father before
going to Italy sold the judgment for
s75. The COURT said the father could
not sell the Judgment. Mr.. Conley said
the reason the Judgment was assigned
was to protect the plaintiffs Interests.
as his father was beng plagued 10
death by runners in the interest OF the
defendant.
The court held the matter for adXlse-
ment.