The northern tribune. [volume] (Bath, Me.) 1847-1855, 1848-03-17

guilt.
This is very imperfect sketch of the able
and lucid opening argument of Mr.. Morrill,.
Mr.. Noyes, for the pris oner, moved the
Court to prohibit all pnblica ton of reports OF
the evidence until after the evidence was all
out.
The Attorney General sug gested that such
an order could not be enforced on the presses
out of the State.
The Court refused to pass such an order.
The government proceeded to call its wit
nesses.
David Storey was placed upon the stand and
sworn. On the 9Oth September, witness kept
tailor s-shop under the prisoners office. Saw
the body of the deceased on Friday morning,
Der. Asst, reclining on pile of wood in the
cellar, the feet little way out of the door, be-
tween Sand o'clock in the morning-a num-
Der of persons were there-a Mr.. Doolittle,
Mr.. Ira, Doolittle, and another person now
dead. Witness did not discover the body, but
his attention was called to it by others. The
door was open about foot and ahalf--did not
measure the space. The body lay on'the right
side. the wood rising little from the door.
one or both of the feet passed out of the open
space. 1t was heavy door, made to swing
inside. The door was permanent at that
space, wood lying inside, so that it could not
go back. The door was in two parts, opening
| to the right and left The body was not NOV
ed from its position while witness was there.
| Did not know who it was at that time, altho
he examined to discover. The face was up
the hat off near the left side of the legs. Did
not notice whether the hat was moved, nor at
| that time see the marks ON his head. The de-
ceased had on boots. they were clean. and ap-
peared as if newly BACKED. May have been
soiled but not much. They appeared as if he
had walked in them. He had on a black
dress coat, his pantaloons appeared to be
drawn off from the bottom considerably-a
button broken. The vest and coat appeared
pulled of. Witness took the plan and pointed
out the manner of getting from the Dr.'s back
Office down into his shop. The stairs are 8
feet or less wide. The doctor kept his fuel
and some jars of medicine in the cellar, and
had the privilege of passing down and up
The door was fastened on witness side by
hook or hasp. which for some months had been
left unhasped to accommodate the DOCTOR
The cutting board and the stove, when Prof.
LOOMS measured for the plan, were in the
same position as on the night of the murder.
Witness help at the time of the murder con-
sisted of five girls and two boys. Three of the
females and the boys boarded in witness FAM
lily and came home few minutes after o.
clock that evening. Went to shop next morn
ing between and 8. The boy had already
taken off the blinds from the shop. He was
about l6 years old-the other boy between Is
and 10.
Cross eramined.-The partition between the
stair way and the doctors Office is a Turing
set up and lathed and plastered on each side.
There is closet from the doctors Office over
the stair way, extending to the partition of the
witness room. The doctor occupied the clos
et-could not say if it is finished but thinks
it is The door from witness upper or press
room is controlled by witness hands. 1t is
usually open whilst the press room is in use.
The hands usually leave at 9 o'clock, at that
season. On the night of the murder, witness
left in his lower shop a chair touching the
stove, and another near the partition, another
in another position. Found them about the
same the next morning-could perceive no
difference. Was cutting a coat the night be-
fore-left it partly cut, with lines on the cloth
aud on the board-found it in the same state
in the morning. If il had been disturbed,
witness would have discovered it. The door
leading down cellar was fastened by small
iron bolt. The stairway is about feet wide.
There is door on the opposite side of this
stairway, leading to the shop of Mr.. Phillips.
The doors are of ordinary thickness. The
highest point of the woodpile was about two
feet from the cellar sill, or bottom. The wood
lay as thrown in. Went down the stairs to
look at the body, but did no. try to go over
the wood. A person would have to stoop
down to get over the wood. Found the door
leading from his shop to the cellar unfastened
the morning after the murder-it may have
been left soft was not unusual. The back
of the building was toward the river. Mr..
Fairfield then occupied the rooms over the
doctors Office, as printing Office. Witness
press room was occupied day and night till 9
o'clock. All the occupants pass up the front
stairs from the front street.
The testimony of this witness being conclu-
ded, at o'clock the Court adjourned to half
past eight o'clock the next morning.