The Providence news. (Providence [R.I.]) 1891-1906, 1902-09-26
ORR
SECURES
DISCHARGE
After Long Hearing Judge Plrce
Said Charge Of Drunken
ness Was Not Proved.


partment was tried in the police court.
today, for alleged drunkenness The ar
rest was made by Patrolman John o. c.
Ellis at the corner OF Broad and Black
stone streets, early on the morning OF
September I'd
After hearing the evidence Judge Pirce
said that the defendant had raised a rea-
sonable doubt and he therefore found
him not guilty.
Patrolman Ellis testified that he found
Orr lying upon the sidewalk with his
/ head upon a doorstep. When he aroused
Orr the latter jumped UP and seized him
by the throat. He closed in with his
prisoner and struck him upon the head
with his club. They went down together.
/ Orr having seized him by the leg Ellis
said that In the struggle which followed
| his clothing was torn.
| Realizing later who his prisoner was he
| asked him, at the box, If he did not wish
10 go home. Orr said that he did not. He
| invited the officer to take him in. assert
\ ing that If he did so he, Orr would have
him, Ellis, broken and carrying the hod
within a week. The offer To let the man
go home was based upon a desire to save
| him his position.
Timothy Doogan and Arthur Boyce,
Nio Idpplnk ASSIST
! ance and who went to make an investiga-
ton, were called upon by the officer to
| help subdue his prisoner and get him in
| TO the patrol wagon.
/ Each OF these witnesses said that they
| could smell liquor on Orr's breath The
| prisoner staggered, which made them
| think that he was drunk When Orr
| reached the box, which was Is or 20 yards
! distant. he was sober Neither could say
4 that the staggering steps were not caus-
ed by Orr being hit upon the head with
| club.
Boyce was asked II what he considered
to be Orrs drunken utterances really
! proved To be references to concrete facts
| and living people. he couldn't change his
mind as TO the real condition of the man.
| He said he could not change his views
Patrolman Thomas j. Curley, who as
sisted in locking up the prisoner, testified
when Orr was taken to the cell he de-
clared that he did not know why he had
been arrested. He wasn't drunk, he said
although he would admit that he had
| been drinking that day. Curley said that
later he smelled liquor on his breath This
was at 6:i5 in the morning, when he was
assisting in taking him from the cell to
the wagon. Orr still staggered considera-
bly,.
Patrolman Charles J. Mccarthy saw
Orr in the cell room. The witness heard
Orr tell Lieut.. Gilmartin that he, Orr,
had been drinking
IttcT 11if1dTt1n teSUI1eu tndt
he dressed Orr's head. and in doug this
found that the prisoners breath W. very
strong with liquor. He asked Orr OF he
day. Orr replied that he had The lieu
tenant was absolutely certain that Orr
was indecently intoxicated.
Willard B. Tanner, who defended Orr
called Police Surgeon Griffin as his first
witness. ., Or. Griffin saw Orr at $50
ho tnss Gnnf b Orr that Mas so drunk ns
or that he had had a terrible load on
the night before
Lieut. Orr testified that he had been a
member of the fire department for ten
years and a lieutenant for years.
Between ] and o'clock. on the morn
grocery store at the corner of Blackstone
and Broad streets. waiting for a car
which WOULD take him home.
hands. The next he knew he was struck
with "a club iSs ,,aa He Jumped up seized the
GODS Cod O Sake @ ' Why aid aho you ea''s strike me9
Realizing that his assailant was an officer
he dropped his hand. The officer again
Feeling sick to his stomach he asked
the officer to. let him sit down, which
favor was denied him..
to be taken in, he. Ellis, couldn't do 1t.
Ellis said: us that so." and throwing
his club into the grass struck him. orr,
Orr said that he sat down on the grass.
the officer picked up his club. raped for
assistance and two citizens came up.
When they arrived Ellis asked them TO
look at his clothing, claiming that he, Orr.
had torn his, Ellis clothing.
muster at East providence on the lie
vious day. He had taken during the day
four poney glasses Of lager beer only,
He had had no whiskey or any other kind
of strong drink. This beer was taken
at long intervals from to III p. m.
The effect of the blows upon his head
was. he said, to make him sick to his
stomach and daZed.
In cross-examinatlon Orr detailed where
he got his beer. He named the four sa-
looms he went into and added that he
probably went into other saloons. If he
went into other saloons he probably
s visit to ss eee but trsPr ea rom
New York. and others were with him
when the saloons were visited. the last
one being Harry McDonald's.
From there Orr said that he walked up
TO Cranston street TO get lunch.
the lunch cart he walked 20 the corner
OF Broad and Blackstone street. where he
sat down 10 wait for his car He had
walked three-quarters of the way home.
when. feeling tired. he sat down to await
the coming Of the car.
Orr denied that he was in any saloon on
Smiths Hill on the day of the firemen's
muster
Orr asserted that Ellis was prejudiced
against all the men of his company be-
cause OF fun that had been poked at him.
amined. A Mr.. McCauley testified that he
was with Orr during the last hour they
were out; that he left him at Broad and
Blackstone streets Is minutes before the
arrest, and at that time Orr was not in
toxicated
Rev. Henry Bassett testified 10 the ex-
cellent reputation Of Orr.
Deputy Chief Holden o. Hill and Cap
tains Vaughan and Capron OF the Arc
department testified es to orr's good
character and his excellent record as a
fireman.
Mr.. Tanner argued at great length.
averring that the charge against orr had
not been sustained beyond a reasonable
doubt.
Judge Pirce said that II was practically
a standoff between Ellis and Orr. The |
evidence of the officers at the station
tended. however. 20 support Ellis asser- |
tions. on .he other hand the evidence |
Of McCauley. which had 10 do with Orr's |