The Providence news. (Providence [R.I.]) 1891-1906, 1901-09-20
HELD FOR
THE GRAND
JURY.
Fitzpatrick Bound Over on
Charge Of Shooting CapIss
In The Legs.

The shotgun episode of Faith street,
which occurred on the evening OF August
Goth, was ventilated in the Sixth district
! court today.
John +. Fitzpatrick was placed on trial
for filling Oliver N Caples legs with
buckshot. At the time of the shooting
Caples had crowled through fence at the
corner Of Barnaby and Faith streets and
was making his way across a lot. Fitz-
| patrick hailed Caples, called him a bad
name, called upon him 70 stop of he
would shoot and the next instant dis
charged both barrels of shot gun and
brought down Caples.
Caples was made insensible and when
he recovered consciousness he was I'm the
Rhode Island hospital where he remain
ed until last Wednesday
Capes said that he worked in a grain
store In Arlington and was on his way
nome at the time he was shot For nearly
three years he had been accustomed IN
cross this particular lot
In cross-eXamination Caples was oues-
toned as 10 what had taken place on the
previous night
Caples said that he was passing the
previous night, when a crowd was stand
ing near the Faith street side of the lot
somebody had said that somebody else
mad chopped down fence
Assistant City Solicitor Greenoueh ob-
)ected He could not see the relevancy OF
this line OF inquiry.
Nathan w. Littleheld counsel for the
defendant. said that the examination was
very important. as he proposed to show
that Caples was present with others for
mischief; that the crowd was going 70
clean up Fitzpatrick and that since then
the latters house had been partly de-
stroyed as part Of the plan 10 worst
MIN; also that the discharge OF the gun
was accidental
Caples denied all that Mr.. IIttleneId
had said. He was on his way 10 Jackson
avenue TO see a friend He knew nothing
about any trouble over the fence and had
not made any threat 20 tear down that
barrier. He was simply travelling over a
beaten path made by the general public
He did, however. hear Fitzpatrick say
that he would shoot any man who cross
ed the lot
Dr. Mcdonald of tho Rhode Island hos
pita, described Caples' wounds saving
that they were caused by No bird shot
About 100 wounds were inflicted, the area
extending from the waist 20 the ankles.
Mrs. Caples testified that at the time
her husband was shot Caples was alone
on the lot and was moving away from
the house and along the path, with his
back toward Fitzpatrick
Patrick Brehaney saw Caples go two
thirds across the lot and then saw Fitz-
patrick shoot twice at Caples. The latter
made no attempt TO tear down Fitzpat-
rick's fence. The accused had n gun I'm
his hands and had threatened 20 shoot
any person crossing the lot. Then Fitz-
patrick carried the gun into the house
and fifteen minutes later tho witness saw
him go into the house, bring out the
weapon and use &C.
Patrolmsn John r. Muldoon told or the
search for the gun. Twice Fitzpatrick's
house was searched without avail and
then it was discovered hidden under an
old range. The gun had been reloaded.
Patrolman Chandler said that on Aug
18th Fitzpatrick told him that he had a
gun and would shost any man crossing
the lot
Fitzpatrick was held for the grand fury
In $500.