The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-03-22
Supreme Judicial Court.
THE ARSON CASE.


burning the dwelling house of Edward Harlow on
Federal street, the night of Sept. 49, 1866 by set
ting fire to the dwelling house of Chas. F. Williams,
was then taken up There are three indictments
against the prisoner one for burning the dwelling
house of c. F. Williams for burning the dwelling
house Of John T. Walton, and the present one.
Messrs. Davis 8 Drummond appeared as his counsel,
and Attorney General Frye and County Attorney
Webb for the State.
In empannsling the jury the same course was pur-
sued as in the case of Keenan, for murder. Ten of
the jurors that were drawn, and nine ofthem
were challenged by counsel for prisoner. The jury
was formed as follows Mr.. Frost, the Foreman, be-
ing the only one who was on the murder case
Leander W. Frost, Bridgton, Foreman; Lorenzo
Leighton, Falmouth; Joseph W. Parker, Gorham
Charles p Trickey, Cape Elizabeth; Charles G. Mel
cher, Brunswick; Samuel True, Yarmouth; Valen-
tine c. Hall, Windham; George Slemmons, West
brook: Charles Wyman, Cumberland; Joseph D.
wyer, Harpswell; Rufus Titcomb, North Yarmouth
Albert Gooding, Yarmouth. f.t
County Attorney Webb opened the case to The jury
stating them the law relating to the crme and the
evidence that would be offered in the case.
Capt Charles F. Williams narrated the circum-
stances of the bnrnng of his house. which was I'M
finished. He was at the place after workmen lett
and everything was safe and right. He testified to
the burning of Harlow's house as consequence of
the firing of his he also narrated how Jones came to
him about three weeks before the fire and demanded
$40 for wagon OF his which the witness son had
used witness offered to repair damages but prisoner
left him muttering something, but What 1t was wit
ness could not say. n s t,-,i...a ..5.. ..g.e 81:
Mrs. Williams corroborated the above generally.
Howard Taylor saw prisoner at St. Lawrence
was not in the habit of coming there; witness was
Charlotte Graham, lived on the corner of Federal
and Pearl streets, few doors from Harlows house.
Jones at the time of the fire. said, ''halloe,
JONES'" and he did not speak, but went away; this
was on Federal streets he had boarded at my house;
Idont know of his having any acquaintances; he
was sometimes very laxative and sometimes very
moody; thought him very eccentric; saw him
again but did not speak to him.
Charlotte A. Graham. Saw prisoner at same time
my mother has testified; spoke to him and he did
not answer; saw him once afterwards walking with
woman; thought they were conversing; it was Oh
Pearl street, opposite our house. .
Mary E. Sturdivant. On the night of the fire iv-
ed the Of Cumberland and Franklin streets,
next to whore Capt. Williams lived; I saw Jones be-
fore the fire broke out; saw bright light in
house; got up and looked out and light shining
on our house; across tho yard prisoner in the
privy attached to Capt. Williams house; saw him
kindling fire in the privy; asked him what he was
doing and he ran away; went and put the fire out
made by kindlngs he had gathered This was on
Franklin street, and about Is minutes before the
alarm Of fire on Federal street. -. ..-.....-
Matthias Morton. I live in CuniDerland; 1 saw
prisoner about O'Clock next morning at Cumberland
liner; he said he had come from Portland that morn
ing, and was hungry and wanted something to eat;
I sent him to Mr. True's am station agent on P. g.
X. Road; sold prisoner ticket to go 10 Gardiner
afternoon train; think, am certain this is the
man; he had Kossuth hat on.
Mary P. Morton. lived at Mr. True's in Cumber-
land at the time referred to- he wanted something
eat and chance to lie down; he said he had walked
from Portland that morning; he laid down on
lounge and slept until called to dnner he went away
after dinner at IL o'clock; he had Kossuth hat
John T. Walton. Lived Federal street; fire
took in Williams house; Harlow's house next mine
on side, Williams next to Harlow's; the latter
took direct from Williams.
Alonzo Wentworth, Deputy Marshal. 1 arrested
Jones at Cumberland station day after fire about
O'Clock; he said he walked out from Portland that
morning, starting before dawn-about 8 o'clock;
coming in he asked several times he was arrest
cd for anything at Augusta; searched him. and found
on him two revolvers, cartridges powder and balls
matches and q pocket knife; articles produced;
pistols were in belt about prisoner; the pistols are
still loaded. f-.-i ..s.--...,. .- I-,..f5
Marshal Head. lived at 40 Federal street in Har
lows house, with Harlows family in the other part,
and it was burned from flames from Williams house
dry rubbish piled in the space between the two
r
the fire, saw Jones standing in front of Williams
house; was awakened afterwards, first by smoke in
sleeping room; all of my family and Harlow's were
in house at time of fire. Witness here testified that
he went down to Franklin street and saw the shaw
ings in the prvy, spoken of by former witness; he
gathered up the shavings and had them present; he
also produced the knife taken from Jones at time
arrest; the blake was notched. Ut appears that
marks on the shavngs and shingles correspond with
the appearance of the knife). Witness here related
conversation with prisoner shortly after arrest in
which he showed him the knife and charged him with
both attempting to fire Williams house Franklin
street, and burning the houses on Federal street
short time after. After hesitation he admitted
that he set fire to Williams house, and was sorry that
had burned out anybody else he also said that it
account of not getting pay for that wagon or
to that effect.
This witness was examined at some length by
Mr.. Drummond, but nothing additional was elected
Sheriff Parker have been keeper of the Jail ever
since Jones arrested he conducted himself well
and orderly until about the time the grand jury sat
in November following; he then became bad and tore
his bed-clothes and thrashed about generally; he
would take his iron bed-stead and make ladder and
climb up to the ventilator and say it was hole the
devil had knocked through; he also hunted wood
chucks; he went to the Asylum about year ago and
was brought back last week; lie has been bad most
OF the time since, assuming portion of the time to
be General in the army; he has been quiet for few
days. .,tl al f.U HHr.. n. F9ttrt.I $500
On cross-examination the witness described more
deliberately the conduct of the prisoner at times he
would 60 long time without eating, and would not
answer any questions; he would say at times he fell
better and his head did not ache 50 much; he said
this his way to Augusta and has said it at various
times since; last night and this morning he seemed
somewhat anxious about his trial, and asked about
counsel and whether his friends were to be there.
Police Officer Pennell, turnkey at Jail at time o.
Jones' imprisonment. He corroborated Mr.. Parkers
general testimony; first noticed Jones' strange man
ner about time grand jury sat refused food and
would not answer questions. aE ed l:.,
DR.. Foster was called, physician, to the Jail t.
attend Jones. found it impossible to communicate
with him; he would disregard me entirely; cou!t
discover no trouble with his pulse circuaton a
first judged he ate and slept pretty regularly;
think the succeeding weakness and emaciation nigh
have resulted from refusal to eat or sleep; thought
1t might be safest to have Others pass upon him. ant
recommended his being sent to Augusta.
DR.. Harlow, Superintendent of the Insane Asylum
Prisoner was sent to me the 18th of March, 1866; b.
has been there until last week; when he first cam,
ne was quiet and peaceable, but would not al
my Questions; After about six months he began t.
reiuse TO eat noticed that this aectedEhs health
soon ne began to eat more and grew better; he talk
ed little, and then in strange terms sometimes; hi
friends came to see him in the winter; when he wal
| brought to me soon concluded that his symptom
| were inconsistent with insanity; these sudden
changes inconsistent with insanity; Think II WA
feigned; he told during his stay that members O
his family had been insane; thought he tried t,
make point of this with me in favor of insanity
which is not natural for an insane person to do.
Upon cross-examinaton witness testified he was ST
positive that it did not admit of reasonable doub
that the prisoner was sane
This closed the evidence for the State
Mr.. Drummond, counsel for prisoner, offered n
evidence but made most eloquent appeal to tn
jury in his behalf urging that he should not be con
victed upon such slight testimony He also set up IN
sanity, and alluded to the appearance OF the prison
en- his Indifference during the trial, and other mat
tiers, o. indicating mental DISCRIMINATION,
Ar