Norwich bulletin., 1912-03-09
:, THE DAYS DOINGS IN WESTERLY
Three Simmons Children Committed to State Home-Joseph Gabrielle Pays Fine and Costs, Total, $22.S0-Cycle Club Celebrates on Eighteenth knnversary-Ca Catholic Club Loses in Final Game of Pool

Judge Edward M. Burke held special ses~ion of the Westerly probate court Friday to consider the continued case of Ellery s. Barber overseer of the poor, who petitioned that four minor children of George Henry Simons and Blythe Simons George Washington. age s years, Edwin L., [, Minnie, 1. and Louis H., 2, be sent to the state home and school, aS the children were neg lscted and not properly provided for by their parents. It came out in the tes- tinouy at the regular session of the court Tuesday that the Stmons chu- jren were born in Lower Pawcatuck and had been residents of Westerly but a short time and that the family was 10 be evicted from the tenement they occupied Also that the overseer of the poor had given them assistance and hat the town had paid the rent for the past i've months The father. an able bodied man. gave SIS a reason for fail- ure to provide that he could not get work
 Judge Burke had no desire to saddle he children upon the state Of Rhode Island and the parents protested against commitment stating that they would leave the state and return to their former home in Lower PaWca tuck f permitted, and give better care 10 their children, of which they had five. one a babe in arms Judge Burke gave the family permission to leave the state. stiDulating as the limit of time for departure to Friday. warming the parents that if they were not out of the state by that time the children would be committed.
 Tbe Simons' failed to fulfill the promise and at the special session Of the court Friday the father of the chil- dren gave as a reason for non-complt- sncs that he had no money and could not move away. Judge Burke ordered the three oldest children, George, Ed win and Minnie, be committed to the state home and school in Providence. Siuons was warned that if he did not rpare effort to provide for his wife and he other two children he would be liable to arrest and prosecution by the Westerly police authorities and advised hat he return to his Connecticut home town with the remnant or his family.
 Two criminal cases were given con sidsTstion by Judge Oliver N. Williams a ( the regular session of the Third dis trtct court held in Westerly Friday. Joseph Gabrielle was arraigned on complaint of Thomas E Brown. chief of police. charged with vicious as- ssult upon Policeman Edward E, West Thursday nighti Joseph declared that ne wss drunk when the alleged assault was made and that he had no recollec- ion of it. and in fact he was still drunk and did not know what to say. The judge ordered him back to the eel where he had spent the night, to give him opportunity to consider the charge made against him.
 The assault case of George Joseph BOokataub charged with an attack upon Jacob Wolk which was contin- ued from last week. Bookataub was out on bond and had made no appear Rnce in court. Capias was issued to bring Bookataub in court and given to Oticer Mitchell for service. Recess was taken until II o'clock
 When court reconYened Bookataub vas present. having been brought in by officer Mitchell When asked why he did not appear in court at the proper time, BookataUb explained that his counsel Judge John W. Sweeney, had informed him that there was to be no hearing on the case, and supposed he was relieved from attendance. His at- torney told him the case would be tried next Friday
 Town Solicitor Agard said he had re- Heived no notice that a continuation of the case was desired. Mir. Agard said that while it might not be fair 10 try the accused in the absence of his coun- sei. nor would he advise punishment of BoOkataub for not appearing in court. but was or opinion that Bookataub should be compelled to pay the costs of aapias before a continuance was grant cd
 Judge Williams ordered continuance for one week on condition that the cost of the capias was paid at once Book ataub paid and the case was continued To next Friday.