The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-13
EvAOEO
SUMMONS
THREE TIMES
Mrs. PoII|on Braves Wrath Of
Court by Refusing TO Appear
10 Press SuIt.


Mrs. Katherine Foillon. who accuses Mrs
Annie ornwitz OF threatening her life.
was called In tho Tombs court yester-
day, lawyer James Fitzgerald. counsel
for Mrs. Poillon. said that he would pro-
duce his client In court on Tuesday. Mrs.
Poillon has twice evaded tho summons to
no to court TO press her charge.
She is the Soman who is suing w.
Gould Brokaw for $500 900 damages for
breach Of promise and slander on pre-
vious occasions she was anxious to prose
cute the case. but seemed adverse 10
doing this after a lawyer who Is one
OF Brokaw's counsel In the damage suit
had been retained for Mrs Ornwitz.
When Mr. Fitzgerald appeared In court
unaccompanied by Mrs Poillon Mass-
trate Hogan asked: Where is your
client?'
The lawyer started TO explain that
Mrs. Poillon was anxious 10 withdraw
the charge against Mrs. Ornwitz but he
was stopped by Magistrate Hogan. who
emphatically repeated that he would
DOT allow the police court to be trihed
with. If We should permit persons To
obtain warrants for the arrest of other
persons on charges OF violating the law
and then allow them 10 drop the cases
without explanation chaos would follow.
said Magistrate Hogan. I'VE might as
we'll turn the courts over TO the public
and allow everybody 10 cause as many
arrests as he chooses TO satisfy caprice,
III will or for other reasons"
WILL ORDER ARREST.
The magistrate concluded with the
warning that IL Mrs. Poillon persisted in
keepiny away from the court he would
issue a warrant for her arrest
Mr.. Fitzgerald thought that there was
no occasion for such extreme measures.
"As an illustration of the status Of af-
fairs" he said the attorney who was
counsel for Mrs Ornwitz before her
present lawyer took the case proposed
10 me, only few weeks ago, that we
settle the matter by having Mrs. Orn-
witz taken 10 Bellevue 10 have her san
ity inquired into. AS TO Mrs. Poillon,
she came 10 you In the first place with
out consulting anybody, yielding only TO
her own feelings. When she consulted
me the warrant had already been issued
and | felt sure that YOU would not have
granted Il except upon sum cient grounds
However Mrs. Poiilon is anxious 10
withdraw her charges
Don't you know that criminal charges
cannot be Withdrawn unless the COM
plainant is I'm court?" said Magistrate
Hogan.
Il know that very we'll" replied Mr..
Fitzgera a. "and / assure YOU that Mrs.
Pnilor will appear in court
Here he was Interrupted by Mrs. orn-
Wits attorney.
"will you promise to produce Mrs.
Polllon in court at time set by the
court?" ne asked.
since the warrant was issued" said
Mr. Fitzgerald evasively.
II want direct answer" exclaimed the
other attorney.
"I am not going 10 give YOU a direct
answer" answered Mr.. Fitzgerald. but
after some further verbal sparring with
the opposing counsel he agreed 10 endeav-
or 10 produce Mrs. Poillon in the police
court at noon next Tuesday.
Magistrate Hogan was very indignant
Yesterday morning on learning that Mrs.
Poillon had persisted In her determina-
tion TO stay away from the court and or
dered the detective 10 go to the woman's
home and make another effort TO serve
the summons Detective Allen felt sure OF
finding her at home, and with that idea
did not 60 10 the house until o'clock at
night In response 10 his ring the door
was opened by Mrs Poillon's sister
is Mrs. Poillon in?" inquired the de-
tective
CASE ADJOURNED.
NO was the reply. "she has just gone
out"
The detective stood outside Of the
house until II o'clock and then
rang the bell again. The same wom-
an opened the door and although Detec-
tive Allen had seen nobody enter the
house during his vigil she told him that
Mrs. Poillon was at home but would not
see him.
Go see Mrs. Poillons lawyer" was the
parting shot aimed at the detective as he
retreated from the house.
On hearing this story Magistrate Hogan
said
Go back TO Mrs Polllon's house and
make another effort. Go to her and tell
her that N shcSrernains In the city and
continue on the bench ! will surely
compel her 10 appear In this court. L
do not intend TO be trihed with or To have
the processes of this court used and dis
Poillon had no right TO fritter away my
time. She has made a complaint against
Mrs. Ornwitz. and I Insist that she come
TO this court and give her testimony or
explain the reason OF her change OF
mind"
Callers at the Polllon apartments y.s-
terday morning received no satisfactory
Poillon The beilboy OF the apartment
house said he did not know whether she
was In or not. Then her sister sent
down word that she. might be commun-
Gated with by telephone. but when the
telephone 10 the apartments was rung
there was no response. II was the gen
eral belief that Mrs Poilion was in her
apartments
When the case was called yesterday
neither Mrs. Poillon nor her counsel.
ames Fitzgerald. put I'm an appearance.
Counsel for Mrs. Ornwitz then sugNNst-
ID that the subpoena for the woman ba
ssued and MAGISTRATE Hogan acted on
nir suggestion. The case was then set
Tor o'clock. and I'm the meantime the
subpoena server went 10 look for Mrs.
Ia fail "a 80 -
,ase had 10 be adjourned again until 40
, clock this morning
TWO ATTRACTIVE TOURS VIA ROYAL.