The Portland daily press., 1862-12-13
Supreme Judicial Court.

of Windham, on the night OF September Sd
was commenced. The evidence in the cas-
thus far has been entirely of circumstantia
character. The case was conducted by Mr.
Butler, County Attorney, for the State, and b.
Messrs. Howard and Strout for the defence.
Mr.. Baker, who owned the barn that wa
burnt, testified that at 10 o'clock that night HI
went to the barn. heard noise and went out
and thought he saw something in the field
but discovered nothing; went into the barn.
saw that all was safe, closed the door next to
the house, leaving the door next the roat
open, and went to bed before IL O'Clock
About l o'clock the fire broke out. He saw
Lamb in the afternoon of the day before the
fire pass this barn and go to another one, moi
then in occupation of the witness, and thought
he saw him return with baggage wagon.
About o'clock on the morning of the fire
Lamb came there in gig and remained ten OF
twelve minutes
Mr.. Baker further said he had had some
difficulty with Lamb since July, 1861, on ac-
count of his intimacy with the wife of broth
er of the witness, and refused to board him
any longer. Lamb then went to board with
the woman, up stairs. She died in March last
and then there was some difficulty between
himself and Lamb respecting the property.
Lamb persisted in using the property, and
witness forbade his so doing; witness avoided
Lamb as much as possible, but 1t terminated
in violence between them. Lamb had been
appointed guardian of the child of brother of
witness, and witness, In concert with Asa Le-
grow, grandfather of the child, took measures
to have him removed from the guardianship.
Mrs. Olive G.. Knight testified as to fire.
and that she saw Lamb come there in the
morning.
VIM. II. Allen testified that he was at the
fire. Richard Purington proposed that they
should look for tracks. They found the tracks
of a gig from Bakers store to the barn; the
dew was heavy, and the tracks could be seen
as plain as in light snow; their were no other
tracks made after the dew fell. There was
another track of four-wheeled carriage
could see the tracks of horse. They meas
ured the width of the track. Passed on to-
wards Stephen Huston's house, and met Lamb
coming in gig towards Bakers; came upon
him rather suddenly. The shoes of the horse
whose track we discovered was unusually
wide, and was square at the toes-the tracks
left spot which indicated that there had been
a new cork. Lamb called and wanted TO
know where the fire was? Z. Baker replied,
"You know very well.' They measured the
wheels of Lambs gig, and they corresponded
with the track discovered.
Elias Baker confirmed the testimony of AL
len as to the discovery of the tracks, &c, and
made remark when Lamb came up, "We
have got the very fellow" Witness agreed
with Allen about the print of the shoes.
Lamb. when he came up, said he had started
to go to Camp meeting and had got to Gray
corner when he saw the fire, and turned back.
1t was little after o'clock when we met
him.
Ebenezer Legrow testified that he heard
carriage pass; the sound OF the horse was
as if going towards Gray; Immediately after
saw the fire; saw the track of two-wheeled
carriage He agreed with the other witnesses
about the shoe of the horse. Was with them
when they met Lamb. Allen asked him to
back the horse when measuring the wheel;
Lamb did SO. Baker asked Lamb where he
had been, and Lamb replied that he started to
60 to Camp meeting, and saw the fire and
came back.
Cushman Hilton, lad said he lived with
Richard Purington. On the night of the fire
he was unwell; heard horse and carriage go
by, either running or trotting very fast; did
not see it, and cannot say which way it went,
but thought it was going up. Then went to
bed, and in short time got up again and saw
the fire; saw the track of two-wheeled car
rage. Witness discovered the track of the
horse and the popularity about the shoe,
which agreed with the statements Of the other
witnesses.
Richard M. Whitney, blacksmith, lived in
Gray; had shod Lambs colt. He testified
about the shoes; thought he put ON the for
ward shoes; the off one was wide webb
shoe, with not much of any cork on it; he
hammered down what there was, and put on
a new one. He generally set the cork in
little; it would leave an impression in track !;
did not recollect as to squaring of the toe.
On the Sd of September, about II at night,
started to go to Gorham; was on foot; when
h<xxx <.t f<. AcaT rnxxyfS hAts arI
rage coming up the blackstrap road; it was
the mare Isaiah Baker used to own, and was
in gig; could not tell who the man was he
had on silk hat; was six TO ten rods from the
horse when it passed; there was no mistake
about the horse. He had gone but a short
distance from Varney's house when he heard
the cry of fire.
Mrs. Mary Allen was at Andrew Aliens
house on the night of Sept. Sd, and saw Lamb
in two-wheeled carriage passing very fast;
he was going towards Gray; when he came
back he was walking.
Charles Varney testified to seeing the tracks,
and saw Lamb when he came there in his gig !;
he had on a silk hat; heard the conversation
as testified to by previous witnesses.
Frederick Legrow was at picnic that night,
about four miles from Asa Legrow's; on his
return home saw the fire; left the carriage at
the shed; there was no other carriage with
him. Saw the tracks, and traced them about
three fourths of mile; was there when Lamb
came.
Richard Purington said he suggested look
ing for tracks; while Baker was gone wagon
came up blackstrap road. 1t was Austin.
Loring Baker-Saw Lamb on the morning
after the fire at the Camp meeting at Poland,
between and 10 O'Clock. He told of the fire,
and said he thought it was set, and said they
suspected him.
Asa Legrow testified as to the shoe on
Lambs horse, which subsequent to the fire he
saw, having obtained possession of the colt.
He also stated that a difficulty had existed
between him and his daughter Mrs. Isaiah
Baker, since the reports of her intimacy with
Lamb. Lamb had been appointed guardian of
Mrs. Bakers child, but he (Legrow) got him
removed from the guardianship, and was him
sell appointed. S. M. Baker consulted with
him on that subject. Up to the time of the
reports prejudical to the character of his
daughter, he had always treated her with
fatherly kindness. She left his house when
she was about sixteen years of age, in conse-
quence of some difficulty with his wife, her
stepmother.
Court adjourned at 0 o'clock in the evening,
having held an evening session. The testi-
mony on the part of the government is not all
in. Judge Fox remarked that counsel must
make their pleas on Saturday evening, as he
should be obliged to leave on Monday to hold
the term in Somerset county.
Municipal Court-Dec. IL.
VIM ]. Smith, for violation of the CITY or