Norwich bulletin., 1919-10-02
WESTERLY

l Wednesday in the superior court for 1 Washington county, in session at Westerly, in the case against Chris 1 Ferraro. jitney driver. charged with ] being an accessory after the fact in l the assault case of Owen Riley and i George Houghton, who beat up John i Lynch, the jury was taken from Ire 1 court room upon John J. Fitzgerald, counsel for accused. request as he de- i sired to make a motion This was af 1 ter Judge Doran gave decision on the 1 point raised Tuesday as to the admis- i sion as evidence the record of the i court in the assault charges against Riley and Houghton. He sustained the claims of Assistant Attorney General l Sisson that it was proper to show the
 connection of the principal in the case i and to show that the assault was ac- i tually committed | MT. Fitzgerald moved for the dis 1 charge of the defendant It was for l the state to show that he was an ac- cessory after the fact. which meant 1 that Ferraro had taken Riley and l Houghton out of the state and in aid- | ing them to escape arrest. No evil dence to that effect had been intro duced. The evidence showed that 1 Ferraro was engaged to take Riley and Houghton to New London. and 1 that on the way back. before Westerly was reached FerrD.o was hired to | take the men to Boston. where they | resided at that time. When the start was made to Boston for Westerly, Ri- l ley asked Ferraro to drive up the Boom bridge road a he wanted to see | Lynch. This he did and the row fol- i lowed. Ferraro took no part in this 1 row. did not know VITO the real as i saiIant was. After this stop he pro ceeded with the men to Boston in full
 fi1ment of his contract. and for which i he had been previously paid. He sim
 ply carried oat his contract and with out any idea of aiding the men to es- ape. If it was Ferraro's intention to
 szJ ,ft the state he could have driven a quar- ter mile and landed them in Connecti- cut. There is no evidence to show that F'erraro Is guilty of the act charged.
 When Ferrarro returned to West er1y said Mr. Fitzgerald. and learned through the papers that he was want ed in connection with the assault he reported to the police that he was ready to give any information he pos sessed. but the police did not want any from him. Trere is tinge of evidence to show that he is guilty accessory after the fact. Should the jury decide against the defendant Mir. Fitzgerald claimed there was ample ground for a new trial
 Judge Doran said he realized the force of the argument. but that he would not be justified in taking the case from the jury.
 Arguments were made by Attorneys
  crarged the jury as to the law in the case. The jury retired at 1915 and at 3.45 reported that 1t was impossible to reach an agreement.
 At the opening of court in the af- ternoon. Judge Doran announced that the court must end the present ses- sion in Westerly with Friday. as he was to hold court in Newport be- ginning next Monday. The case called for trial is that of Hermenia Botinelli against tho Westerly Automatic Tele- rhone company with John Ferguson counsel for ni9;ntiff and Frederick w. O'ConreH Of l-coN ide'7Ns ard Samuel r. Davie -~~ '~@ Ire jury drawn for the trial of the case
 Burk. Raymond K. ,iould. Albert E. Smith of Westerly: Frank Francis, William C. Howard. John ". Sher- man. North KingstDwn: Arthur N. Peckham, w. Herbert Phillips. South kingstown; Arthur P. Chase. Exeter; Alvas H. Burdick Richmond: SteDhen c. Potter. Hoxie c. Niles. Hopk1nton.
 Attorney Ferguson stated to the jury that this action is for injuries received by plaintiff on Aug. 13. 191T in which claim is made for $10.000 in dama ges, and that suit was instituted Nov. 8. 1917. The injury occurred in lot near l Franklin street MT. and Mrs. Bottom nelli and their daughter were out pick came along a pathway and over stone wall which was broken down for the continuation of the pathway. The daughter went over the wall first and the girl fell. Mrs Bottonnelli went to her assistance. was thrown to the ground and almost electrocuted fatally when rescued by her husband A wire Of the Westerly Automatic Telephone company had broken and crossing the live wire of the Westerly Light and Power company became charged with a nigh voltage of electricity. Mrs. Bot tonnelh was severely burned.
 ,ai6 E1
 that the telephone company was re- sponsible for Mrs Bottonnel1i's in Jurles. which were caused through the carelessness and neglect of the com three telephone poles in that inmedf ate vicinity, that the middle pole had been broken down and never replaced ana that there was a distance between the other two poles of 245 feet The wires were corroded and worn. For at least a week before this mishap. and at the time. this wire was broken. laid on the ground. and was resting on the i've electric light wire. He said Mrs BOttonnelli was so severely hurnad b1, electricity and so shocked that ever since she has suffered nervous disor-
 The jury took view of the location and upon return the hearing of the case was commenced
 me o4th annual session of the Rhode Island and Massachusetts Christian conference closed Wednesday evening n the Broad street Christian church, Al the morning session the devotional 1 exercises were led by Rev William | foro"n or Westport followed by the -cports of the several committees l Mrs. Lillian Borden of South Ports mouth submitted the report of the sunday school secretary Rev w e 1 sargent. D. D.. of Providence, gave the report of the secretary of education | and Rev. D. P. Albert of Assonet inc report of the conference field secretary
 Al lzl5 the convention took a recess Intn clock in respect to the mem, ory Of William B. Austin. president Of l the board of trustees and senior dea- con of the Broad street Christian ( church. and in order to give members l