The Providence news. (Providence [R.I.]) 1891-1906, 1902-01-31
SENTENCED
TO JAIL HE
APPEALS.
Leo Was Charged With Selling
Potatoes Belonging TO His
Employers.

Andrew Il. Leo was on trial, before
Judge Sweetland. today, for the theft OF
potatoes valued at 81
The produce firm OF Arnold a. Tourtel-
lotte. OF this city. believed that they
were losing potatoes. shipped to them In
bulk, from freight cars while the latter
were standing in the local yard.
Frank Arnold took up a position. last
Saturday. where he could watch car
and what took place in the freight yard.
He saw Patrick J. Devine, a huck-
ster, drive Into the yard, 20 past the car,
turn about. draw up 10 the door OF the
car consigned TO Arnold & Tourtellotte.
and saw Leo, who was I'm the employ OF
the firm, put three barrels OF pota toes in
10 Devine's wagon. Such deliveries were
forbidden by the firm.
Detectives Merrill and O'Malley saw
Leo deliver a. bag Of potatoes 10 Charles
Harris, Saturday noon
The defence called Patrick j. Devine,
who said he was not in the west freight
yard at all last Saturday. on the morn
ing OF the alleged theft he was I'm Con-
ley's saloon on Blackstone street.
In the course OF the inquiry it was
brought out that the witness had pur-
chased of one Schoneld, a peddler's H.
cense and badge for S.. He had not, he
sverred, worn the badge as he had been
told at the city hall that IL was not nee
essary for him to have a license.
Coleman Conley. Proprietor of the
Blackstone street barroom. testified that
Devine was i'm his place. last Saturday
from to 1880 a. m. and was not In his
working garb.
Patrick Christy. with whom Patrick J.
Devine stables his horse, was positive
barn all day last Saturday.
John McDermott. of Bishop street,
swore that Devine was In Coleman's sa-
loon at go last Saturday evening.
Austin Conley. OF Bishop street, saw
Divine in Coleman's from 1890 TO 10 a. N.
Michael II. Murray, delivery clerk OF
railroad. at the West freight yard, swore
that Patrick j. Devine. was not in the
West freight yard at all last Saturday.
No wagon other than Arnold Tour
telotts drew up 10 the car assigned TO
that firm, between the hours OF 5 and
o'clock last Saturday morning.
Bernard J. Martin, yard clerk. West
yard, New York. New Haven & Hartford.
testified that he did not b. tween S and
a. m. last Saturday sec Devine in that
yard
Henry NJ. Matteson. employed By Will
liam :. Sweet a. Sons. produce dealers,
testified that he saw Mr. Leo in the West
freight yard last Saturday. but he did not
see Devine there that day.
The defendant. Leo. positively denied
that he saw Devine at the car in ques :
ton. between the hours OF s and last
Saturday morning. He did not deliver
potatoes either 10 Devine or Harris on
that day. When Harris was coming out
Of the yard. he, Leo. was at the sate
smoking as q was the lunch hour.
In cross-examination Leo said that he
went 10 breakfast at a. IN. and was
away for that purpose about an hour.
While he was Ia the saloon he did not
see Harris sell any potatoes.
Ia rebuutal Charles II. Harris, employed
by Arnold a. Tourtellott, swore that De-
vine was in the West freight yard last
Saturday DeVine's wagon was not In
the ward, although the man was. Harris
couldn't say when he went 10 the. yard,
but Leo had Just returned from his break
fast.
In this remarkable contest Of veracity
between Arnold and Leo tho court decided
in favor Of Arnold and sentenced Leo TO
the county 1ail for 10 days.
An appeal was taken.