Norwich bulletin., 1920-04-27
WESTERLY

When the superior court reconvened at Westerly Monday morning the trial was resumed of the S50,o00 damage suit brought by Owen F. Lee, a former ser vice young man, against Sheriff John R. Wilcox and Everett and Oliver Jones, al- leging false arrest and imprisonment and malicious prosecution. Lee was charged with forging check and subse- quently, it was ascertained he was not guilty and the real forger was arrested When court took a recess last Friday afternoon, Mrs. Ella F. Robinson witness for plaintiff was on the stand and young rebuttal testimony. At the opening of court, Monday, Attorney Curran, of counsel for plaintiff stated that he was ready to continue questioning Mrs. Rob inson, but as the lady was not present, ha asked to call another witness to save the time of the court.
 Owen P. Lee, the plaintiff was call ed and testified that at no time, from his arrest to his incarceration in Kings ton jail did Sheriff Wilcox and Deputy Sheriff Phillips say anything to him concerning securing bail
 As MT Robinson had not arrived, At | torney Curran said he would be satis- fled to rest his case and not wait for the witness.
 Mir. Grim. of counsel for defendant said he desired to question Mrs. Robin son stating that he had the testimony oi the lady given on Friday Judge BrowI said: T want to know" and requested | the stenographer to read the testimony Mir. Robinson had not arrived anC Judge Brown said she probably misunder l, stood tha4 she was to be in court Tues day, or may have been confused in the | change to daylight saving time, in con nection with the railroad standard time He asked Attorney Casey, of counse for plaintiff to get in telephone communi cation with Mrs. Robinson, home il ] Wakefield. This Mir. Casey did, and re ported that Mrs. Robinson had started ] for Westerly in her automobile. Tn, court took a recess to await her arri val After half an hour Mrs. Robinson i took the witness stand and simply testi fled in support of her previous testimon; | that Everett Jones came to her house t | get q sample of Owen Lees handwritinl and declared that Lee had forged check. The jurors were taken out.
 Attorney Grim then asked the cour 10 order the jury to bring in a verdic in favor of the Jones brothers Everet and Owen, on the grounds that Owe had no part whatever in the case an tlaI BNerett was nOt g7''tY as charged as not a scintilla of eviA nee had bee | given against him. Attorney Curran al l gued to the contrary and quoted test 1 mony to show that he started in the pro cess of arrest, and followed it up by se curing evidence. that was not true ths he persisted that Lee was the forge and later wanted to have Lee call o
 him to fix the matter up without goin
 into court. Judge rown held this reque.
 under abeyance. until he heard what ha
 to be said about directing the jury {
 bring in a verdict favorable to Sheri
 Wilcox
 Abbott Phillips. attorney for the she
 if. claimed that the sheriff was fully prt
 tected as he acted under a warrant tbs
 appeared fair on it's faca. The arre.
 was made under warrant and that gay
 the officer absolute protection.
 Attorney -Curran said Sheriff wiloo
 WIS the complainant, ana could not 1
 prctected under the law. as the warra1
 had been irregularly and improperly s
 cured.
 The arguments were not finished uni
 o'clock. when the jury was recaile