The Portland daily press., 1862-12-09
MATTERS ABOUT TOWN.
Supreme Judicial Court.
CRIMINAL rERM.-Fox, j., PREsIDIN'

him into a creek in Cape Elizabeth. Smith
has not been arraigned as yet, and, as we have
before stated, is ready to plead guilty of muir
der or manslaughter. This preliminary exam
ination was had with the concurrence of the
torney General Drummond and County At
torney Butler appeared for the State.
But two witnesses we're examined, Scott ID,
Jordan, the father of the drowned boy, and
Clement Jordan, who discovered the body:
Mr.. Scott ID. Jordan stated that he kept the
farm for the poor in Cape Elizabeth, and that
he took the boy Smith the LIST of September
last upon notification from one of the Select
men of that town. Instead of placing the boy
with the other town paupers, he adopted him
into his family, and he ate and slept with his,
Jordan's boys. He was told by some who
knew the boy that he was a smart and active
lad, and the boys mother confirmed this, but
added that "pretty tight rein must be kept
over him" About ten days before the muir
der took place, Isaac and Walter went out to
gather walnuts. When they returned Walter
was crying and informed his father that Isaac
had whipped him. Isaac replied that Walter
had thrown a stone at him. Walter said he
had thrown stone, but not at Isaac, and the
latter acknowledged the stone did not hit
him.
On the morning Of the murder, Mr.. Jordan
stated that he sent Isaac ont to turnip patch
and cautioned him not to go off the farm to
play. About O'Clock Isaac and Walter start
ed for the turnip patch. About IL o'clock
Mrs. Jordan saw Isaac coming back without
Walter, and upon enquiry where he was, Isaac
expressed some surprise that he had not got
home, saying, that he started to come before
he, Isaac, did. Mrs. Jordan becoming alarmed.
started with Isaac in search of her son. Not
finding him, she engaged some of the neigh
bors in the search, among whom was Clement
Jordan.
Mr.. Jordan further stated that he heard of
the drowning of his son while he was return
ing from Portland. He was informed of it by
Mr.. Dyer, who had Isaac with him. He took
Isaac into the wagon, and enquired Of him
why he did not see Walter when he was
drowning. Isaac replied that he was so busy
pulling turnips that he did not pay any atten-
suspect the boy of having anything to do with
the drowning, although his neighbors did, I'M
til Sunday. The day before the funeral he ex-
amined the place where the boys had been,
and found the tracks of both leading from the
turnip patch to the marsh. A day or two
after the funeral he talked with the boy about
it, and he acknowledged going to the marsh
with Walter after stick. Upon further ques-
tioning the boy, he equivocated and told sew
eral fasehoods.
On the 9Th of November Isaac acknowl-
edged he ,cas with Walter when he fell into
the creek, but said he could not have saved
him. The next day Isaac acknowledged that
he "pushed" Walter into the water, and he
appeared somewhat softened when he made
the confession. He showed witness how he
took hold of the boy when he pushed him in.
He said he thought the boy would be drowned,
and did not try to help him when he rose to
the surface OF the water, which he did only
once. He said the boy only gasped when he
rose. and did not say anything. He said he
did not know what possessed him to do the
deed, and that he was terribly scared after
he had done it,
When arrested by the officer, Isaac said his
name was Isaac Thomas. The boy here stat
ed to the Court that he had father-in-law
living in Lowell, and that his name was Au-
gustus Gray.
Judge Fox here said that some years since
there was quite contest in Court between
the town of Lowell and the city of Portland
In relation to the support of a pauper aamed
Augustus Gray, and he did not doubt this
was the same person.
Mr.. Clement Jordan testified as to the find
ing of the body of the boy. Smith was with
him. He found cap in the creek, which had
lodged against a sand bank, and which Isaac
said was Walters cap. He then prosecuted
his search up the creek, though Isaac insisted
that he should 20 do,rn. He found the body
in hole where it had lodged. He told Isaac
that he would no longer have little Walter to
play with, at which Isaac shed tears. The
next week he went with Isaac to the spot, and
the latter said, "This is the place where l
pushed him in-no, where / stoued him i'm
He said he had had no quarrel with Walter.
Upon asking him what induced him to drown
Walter, he could get no answer. Isaac said
he had not thought of such thing while they
were at play and it was not more than three
minutes after it came into his mind, while
they were throwing apples into the creek, be-
fore he committed the deed. He said he could
and would have saved him when he rose to the
surface if he could only have got at him.
This was the purport of the testimony given
by these two witnesses. There was nothing
shown that would imply malice on the part of
Smith. Smith sat in Court, at the side of his
counsel, apparently unconcerned. He seems,
from all accounts, to have been left to work
his own way along in childhood, without any
one to guide his mind in the right direction:
and he acknowledged that he had been better
treated by Mr.. Jordan than he had ever before
been by any one during his life.
Judge Fox ordered the Sheriff to have the
boy in Court this morning at 10 o'clock, at
which time the case will be disposed of
VIM. Cochran was brought into Court for
contempt in not obeying summons to ap-
pear and testify before the grand jury. Judge
Fox ordered him to pay the costs of his ar
rest and stand committed until they were
paid.
Court adjourned to 10 o'clock Tuesday
morning, at which time the traverse jurors
mill oo,na IN