The Providence news. (Providence [R.I.]) 1891-1906, 1900-12-21
LIVELY DAY
IN LOWER
COURTS.
Randall Acquitted on Charge
Of DrunkennesS--A Case Of
Mistaken Identity.

An extraordinary trial was held in the
police court this morning. For two hours
Judge Lyman listened to evidence for
and against the charge OF indecent in
texication which had been placed against
Edwin r. Randall. whs was placed un-
der arrest shortly after IL o'clock one
week ago by Pstroman Irwin.
The police evidence was to the effect
that Randall was so drunk that he
couldn't put one foot before the other,
and that IL was humane act TO take
him In and give him shelter, as II was
bitterly cold. There did not appear 10
be any motive for telling anything but
the truth There couldn't have been any.
Randall put up an all-stsr defence. IL
was q preponderating one Shortly be-
fore 10 o'clock he drove UP TO kellys
saloon on Ives street, and leaving his
horse and wagon. entered the place and
took u seat in Kelly's office. He had
gone 10 that saloon to see Kelly on a
private business affair.
While seated In the office he said he
took one glass OF beer and later when
In front OF the bar he had two more
beers. He was treated frequently by
others and returned the compliment. but
he had had enough beer and stuck TO
cigars, OF which he gathered In pocket
full.
At II SO the barkeeper notified the crowd
that he was about to close the saloon
and they started for their homes.
Randall was the first TO 20. He was,
his friends said. perfectly sober, with not
a semblance of stagger in his walk
Randall swors that when he was but b
or 10 feet from the saloon door, and when
proceeding TO his wagon, he was pounced
upon by Patrolmsn Irwin. who had had
his eye on the long waiting horse, and
placed under arrest.
Randall had long array of witnesses,
and Judge Lyman. In summing up. asked
Mr Greenough what the latter had 10
say on the point OF 'indecency as II
related to lptoxication.
Mr. Greenough said that IL man was
seen staggering about public highway
ne was indecently drunk.
The court said that TO sustain such
complaint the public sense OF decency
must be offended. In this instance IL
appeared that IT was the patrolmans
sense of decency and propriety which had
been offended.
Randall was declared not guilty. The
police at the time of the arrest, put up
Randalls rig at Rileys stable. IL has
been there ever since and by advice or
counsel Randall will not go for his prop
erty,
IT has bsen suggested that the horse
and wagon be turned loose, then picked up
impounded and sold for costs of keeping.
This expedient may or may not be resort
ed TO.
From the other side comes the intima-
ton of suits for false arrest, assault and
trespass
The police do not Intentionally make
mistakes Some times they err because OF
a properly jealous desire to assist Justice
In her work.
In the sixth district court this morning,
a man who answered TO the name of DAN
iel Bufns was brought up to be arraigned
for asssulting John Foley.
There IL some excuse for what happen
ed i'm the faulty identification OF Burns
for his face was Scared and blood-stain-
ed 1t had strong resemblance TO the
makeup OF stage Injun chief Ii might
have passed as a replica of grotesdue
mask.
Burns pleaded guilty and then an ofrf-
ciai said that the prisoner had been up
once before for assault and upon numer-
Gus occasions for drunkenness.
Another efricer also vouched for this
record OF the man.
Burns protested. He had never been
and fse' he made ma SO decided a ''kick'' that
Judge sweetland became Interested and
pushed for details.
Then the officers said that they might
have been mistaken. and when third Of
ficer volunteered the information that the
others had confounded this man with an
other Burns, the court let down ths one
with n fine OF $40 and costs.
Burns by his prompt and insistent de-
NAL escaped a jail sentence.
Then to make the affair all the more
lsughable. the name of Daniel Burns was
again called This time two men walked
out OF the pen and one was the man with
the much SCARED face The other was
younger and entirely dissimilar In ap-
pearance.
Daniel with the disngured face was told
that his fine was declared OF and that his
srraignment didn't go.
Daniel who was the real thing. the IT..
pleaded guilty and got six months sen
tence at the county jail.
Daniel No I proved To be a simple
drunk. He had been left over In the pen.
and when he heard the name of Burns
called he probably felt sick and sore
enough to answer To anything. and not
knowing Just what he had run up against.
last night, came out Of his cell and plead
ed guilty 60 the charge of assault
And after all Daniel No. 1 proved to be
William u. Burns. and he had been up
several times for drunkenness, so that his
Identification az Burns, the oft-intoxicat-
ed man. was correctly based.
-------------------