The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-13

McCafe as prolylb bly, guilty OF the man
and ordered him hound over 10 the grand
jury IN 5000 bonds. Judge Palmer then
made IN open court the following decla-
ration:
''The government of this country Is d.
vided into three parts. the legislative, ex-
ecutive and judicial While each OF those
departments IL indclibly associated with
each has done It's work admirably. IL
seems 10 ME that the most important part
az the least silutary In its consequences
has been that OF the judiciary. and IA Z.
consequence II becomes absolutely neces-
sary that the men selected 10 preside over
the courts must be OF unquestionaDle
honor and the s:rictest integrity, and
this applies with equal force whether the
man Is justice OF the supreme court of
the United States, a state supreme court
or even a court of inferior jurisdiction.
THE most precious gsft that comes 10
man Is his conscience. and If hc live ac-
cording 10 it's dictates he is safe. Honor
should be highly priced But IN these days
of commercialism. In this d2y when. the
there are am sorry TO say. reptiles who.
with their Shiny. degraded. contemplate
methods. would try TO debauch mankind
| In general.
"Yes. even men who are placed in high
, position. and who are under oath 70 the
| Supreme Being TO do Justice between man
/ and man TO the best OF their ability. are
not saved from the base. insidious meth
DDS OF this scum Of degenerate humanity.
| But II is a matter OF congratulattop that
| there have been. aud | believe and know
there still are. men who appreciate that
| they have a soul and that there is a God;
and whom the gold OF a Rockefeller-no:
not even the wealth OF Croesus-could
| move from the path OF recutude, honSfty
| and righteousness"
Judge Palmer absolved the counsel for
the defendant. John w. Hogan. of all
! connection with the matter. The Judge
admitted later In the evening that he
mad been approached during the u fternoon
] by a person or persons who claimed 10
be acting ~ the interests o. St the DEFEND, emu,
made TO him.
John w. Hogan said last evening: II
| have absolutely nothing to say about II.
MccABE'S TRIAL.
The trial OF Mr.. McCabe was one OF the
| longest in years. Judge Palmer announced
his decision in the case at I:45 o'clock
the trial having lasted all day "Wednesday
| and the greater part OF yesterday after
| noon and evening. The death OF the Ar
mold boy occurred on the evening OF Nov
20. when he was knocked down by MIR.
Cabe's automobile on Broad street, Paw
| tuxet
The defendant was released pending the
grand jury's decision upon the presenta-
tion OF the required surety.
Florence Crowley. a travelling sales
man. of liz Governor street. who was rid
ing with Mr.. McCabe. and the respondent
were the principal witnesses for the de-
| fence. Their testimony was in substance
n denial or excessive speed ana an as
sertion that the boy whose skull was
! fractured in the accident without warn
ing ran out from the parade of Pawtuxet
firemen directly into the oncoming motor
vehicle.
That he was under the influence OF
liquor was not only denied, but Mr., Nc
Cabc went so far as to assert that he
had pot taken any intoxicant that day.
Judge Palmer said that contributory
negligence on the part of the victim in
such a case did not furnish a defence for
( the commission Of a public wrong. He
held that sufficient cause had been shown
| by the state for an investigation by me
| grand jury. Judge Palmer then made his
denunciation OF attempts to influence a
| court In making decisions. but made II
plain that nc did not refer TO counsel for
| the defendant.
DID NOT DETECT LIQUOR oDoR.
! Patroiman B. l. Cole of the Cranston
! police, who placed Mr.. McCabe under ar
rest after the accident. testified that no
LIQUOR was detected by him on the re-
spondent. Mr.. McCabe was In his GUS
tody for about five hours and he believed
he had sufficient opportunity 10 detect
LIQUORS odor II IL had been in evidence,
! Tho witness was made to admit that the
respondent might have been drinking, so
far as his actual knowledge went. but he
did not discover any evidences OF 1T.
FLORENCE CROWLEY.
Florence Crowley testified to meeting
MIR. McCabe in this city in front OF the
Nara gansett hotel at about y. m. Nov
| 20 on Weybosset street between Dor
rance and Eddy streets. The two left the
hotel a few minutes before s. They went
out Broad street and the witness was IN
the auto when the Arnold boy was
struck.
The machine ran between the car
tracks for a long distance up to the point
! where the accident occurred. on the
right hand side Of the highway Mr.
Crowley sat on the left front seat The
speed of the machine was reduced about
one half before the parade came in sight
the witness declared. hut he did not
know what caused tho change except
that Mr. McCahe was doins something
with his feet
The rdrade was marching along on the
left hand side and the auto driver was
footing his horn about i5o feet before
the machine came UP 20 the parade.
The auto was making a loud noise, also
which. the witness thought. came from
the front Of the vehicle.
.'The boy ran out from the parade ano
struck the light on the auto on the lef,-
hand side | sat right behind the light
The BOYS head was turned partly toward
the parade. As soon as tho lantern
smashed I said to him, Eddie, you've
struck n boy, ana ne tth 'ui i"'o wy
machine In toward the right.
.~Then we both stood up and looked
hack. I saw what looked like bundle
IN the road about three lengths back
He then tried to stop the machine. using
his feet on what I suppose was tht
brake"
The witness thought the auto must
have been going at about an eight or ten
milc-an hour clip. He thought that the
boy was going about as rast as the auto
mobile. -
Mr.. Grim interposed an objection that
Mr. Hogan was asking leading ques-
tions.
You'd better read some elementary
Inv" counsel for the defence retorted.
"I submit" said Mr.. Grim that MI
Hogan should a. ,eees - esosnt'
Judge Palmer cautioned both lawyers
to address their objections 10 ques''ohs