The Providence news. (Providence [R.I.]) 1891-1906, 1905-07-27

the horse under the stomach Mr.. Thomp-
son is very much mistaken about the
whip striking him, and nothing STRUCK
him until he jumped toward the horse
Miss Tucker said she had utilized the
sidewalk since July 4 for IL days, about
four times a day. and claimed that
Thompson had intimated previously that
he would keep her of the walk.
Edward r. Ballou. cotton manufac-
turer. was called and testified that he
was at Miss Psrrys house at the corner
OF Union and High streets on the date
In question and saw Mr.. Thompson on
the sidewalk He saw Miss Tucker drive
on TO the walk. Thompson standing with
his back to her. She pulled the horse
UP, he said and spoke. and then there
was a mix-up. the man jumping toward
the horse and trying TO push the animal
and carriage down the bank.
FOR THE DEFENSE.
Mrs. Ballou said she could not have
struck the man with the whip AZ he was
too far away. He said the bank was
about two or three feet high.
Miss Lavina Hodgkins, who is de-
scendant OF Commodore Perry. said she
saw Mr.. Thompson standing against the
fence with his arms folded as she drove
past with Miss Tucker. and at the corner
she got out and watched Miss Tucker
drive back on the sidewalk.
She declared that che saw Mr.. Thomp-
son jump and grab the horse and force
it backward and saw Miss Tucker strike
the horse with the whip.
Under cross-examination Miss Hodgkin-
son showed the spirit OF her forefathers,
as she calmly folded her arms and faced
the attorney for the complainant with
steady gaze and unfaltering voice.
Miss Mills stood with Miss Hodgkinson
and watched Miss Tucker drive back, and
she said she saw Thompson grab the
horse and saw Miss Tucker whip the
horse
j. II. Tucker, father of the defendant.
said the whip was five inches shorter than
the distance from the edge OF the car
riage TO the end OF the shaft and declar
ing: "I will take my solemn oath that
Mr.. Thompson could not be hit with my
daughter sitting straight upon the seat
OF the carriage
Mr.. Thompson was recalled and de-
clared the bank 10 be about seven inches
high at It's greatest and one and half
inches at its lowest height. Mr.. Johnson
said the bank ran up for about six to
eight inches.
Mr.. Tucker. recalled, declared the bank
TO be three feet high
Contractor Callen testified as to the
condition OF tho bridge and described It
as impossible.
Tax Assessor Clark II. Straight, who
had been down and viewed the much
discussed bank, said Il ran from height
OF about six inches at its lowest point
to nearly two feet in front OF the Thomp-
son gate.
ENTERED AN APPEAL.
Judge Bosworth said; I'VE are getting
to use more and more dangerous convey
ances on our roads. and we must take
care that we do not overstep horse
lacerated by a whip is a great power. Mr.,
Thompson did not get out OF the way;
was 1t right TO use that power against
him? Another point. Was Mr.. 1homp-
son struck by the horse? Miss Tucker
says IL he had stood still she could have
passed by. II he was thus out OF the
way why did she cry out TO him to get
out of the way?
THE court cannot find that the defend
ant was sufficiently afraid of the COM
plainant not TO drive there. If his back
was turned, too, he was in a more or less
defenceless position. Neither does the
court find that she felt such fear that she
felt obliged TO lash the horse 10 prevent
going over the bank.
'In these days we must give up much
for the community. We cannot have
everything we want. and so we must sur
render part.
The court finds that the horse was
driven by Miss Tucker against Mr..
Thompson either knowing that IL was GO
ing against the complainant or in such a
manner that IL would go against him and,
under the evidence In the case, either by
feeling or desire and. consequently. must
find the defendant guilty.
THE court imposes a fine Of sl5 and
costs" The costs in the case amounted
10 As.
Mr. Hoffman entered an appeal to the
superior court. and personal bond Of
800 was accepted for the appearance OF
Miss Tucker befora that court