Norwich bulletin., 1911-09-23

assault with dangerous weapon a revolver, upon Joseph B. Sullivan dur ing the first hour of last Sunday morning, was tried for the offense be- lore Judge Oliver H. Williams in the Third district court Friday. Hunter, colored, was defended by Attorney Fred C. Olney, colored. Walter P. Dix on and Town Solicitor Harry B. Agard represented the state.
 Joseph Sullivan testified that on the night of the shooting he met Hunter in the lunch cart near the bridge in Paw catuck. William Boyd, colored, was in the cart with Hunter, and there were three or four others present. Witness had some words with Hunter that re- suited in an offer to fight, which was accepted by witness, and the two men went down Coggswell street to fight They were intercepted by Officer Casey, and warned that fighting would not Joe permitted in Pawcatuck, and that if they wanted to fight they must go across the bridge into Westerly, or be- ycnd his jurisdiction. Officer Casey started both belligerents across the bridge. with Hunter in the lead. Sulli van testified that when they reached the end of the bridge Hunter took revolver from his pocket and when about six feet distant discharged the revolver at witness. He believes the revolver was pointed at him. the flash so indicated. The bullet did not strike him..
 lie said ne lGIL the lunCH CdTI LOT the purpose of.~fighting with Hunter. and probably would have done so but for the intervention of Officer Casey. Witness said he crossed the bridge to get away from the officer and not sole lv for the purpose of having a fight with Hunter. He said he was not par ticular about fighting, but had accented Hunters challenge and was ready to slake a try for supremacy. Just before the shot was fired he saw Hunter take |. t,f was all over in a few seconds. Wit ness was unarmed at the time. Just after the shot was fired Officer Max well closed in on Hunter and wrested the revolver from him. Then Hunter broke away and ran down Main street.
 James Maxwell a police constable for IT years, testified that he was standing near the corner of Broad and Main streets when he saw Officer Casey driving two men over the bridge into Westerly Witness started towards the men and as he did SC he saw Hunter discharge the revolver at Sullivan Hunter started to run and witness srappled with him, secured the re- volver. and then Hunter broke loose and ran down Main street. Witness was not in uniform. but had police badge He turned the revolver over to Officer Mitchell and it was the same that was given In as evidence. It is Of 22 eafiber, with one chamber empty
 
 chambers being loaded.
 The testimony of Officer Maxwell was corroborated by Daniel Whalen, whs was talking with the officer as the men came over the bridge.
 Deputy Sheriff William H. Casey testified that he saw Sullivan and Hunter when they came out of the \ lunch cart and they were both talking loudly and he. warned them to be quiet
 Er ] not be in Pawcatuck. Both men and Boyd colored. started down Coggswell street and witness ordered them back.
 William Boyd testified that he was i1 the lunch cart with Hunter when Sullivan entered and picked up row with witness and witness told him that if he wanted any part of him he could sail in and help himself.
 Benjamin Hunter. the accused, testi- | fed that he had lived in Westerly three l years and never had police trouble un- ti now. He said he was in the lunch | cart about 20 minutes when Sullivan | came in. He~threw one man out and 1 then had words with Boyd and "he | told me that I was fresh and someone | ought to kill me" Witness said he had 1 used the revolver to shoot rats in the | ward where he is employed and forgot 1 tt- take it out of his pocket that night sI He fired the shot upwards to scare | Sullivan. as he had no intention of 1
 
 After arguments by Attorneys Olney and Agard. Judge Williams found | Hunter probably guilty and ordered | that he be held in bonds of $500 to ap- | pear at the November term of the l superior court for Washington county. | The case growing out of the marital | difficulties of MT. and Mrs. A. H. Pot ] ter of Usquepaugh, whose divorce case ] was heard Tuesday. came in for a | hearing before Judge Elmer Rathbun | and a jury in the superior court for l Washington county at Kingston It | was an action brought by Mir. Potter | 10 recover from his wife the sum of l $500 which he alleges she took from | his trunk just after she brought di- l Vorce proceedings and prior to the | time ne removed the goods from the | house. MT. Potter testified that he ! put $500 in a trunk and locked the | trunk Later he found the trunk brok- on open and the money gone.
 The day the goods were moved from the house Thomas E. Perry and Ed | ward C. Cook testified that Mrs Pot fer declared she broke open the trunk | 10 get her marriage certificate
 Mir. Potter on the cross examination | testified that he authorized no one l named Manning to make any affidavit i cr do anything concerning the case, and if such an affidavit was made it was unauthorized. By reference to the Dapers it was found that the affidavit upon which the writ was issued was made by Mir. Manning.
 When the plaintiffs case was con- cluded Attorney Quinn, for defendant. a fire hal