The Portland daily press., 1867-04-27
Supreme judicial Court,

"AoADAnoO CoONl1, AfhiL TENN, 1901, TAPLEY,
Ea9ts,7..f,-, j., PRESIDING.
Trial Of the Alleged Boicdonham Bank ROBBERS
Reported specially for tho Press.l
THURSDAY AFTERNOON.
Previous to the adjournment this forenoon several
legal bubbles were disposed Of such the existence
of such an organization the National Village Bank
of Bowdoinham. After offering the records of the
Bank and Bylaws which were objected to by Mr..
Abbott, Gen. Shepley then offered the Comptroller's
certificate, which was accepted, Mr.. Shepley remark
Ing that he didn't wish to Introduce anything which
was exceptionable. .yt ~ s.r-rs--
This afternoon the interest in the trial appears to
be increasing; the hall is crowded, with good pre-
portion OF ladies. 1t is suggested by some that the
Court be held in Columbian Hall tor the remainder
of the trial, in order that all who wish may attend
For once, at least Sagadahoc people made to feel
the need of County buildings.
Mr.. Butterield was recalled, who testified more
fully in relation to the description of the property
stolen, and the ownership of the same . a g . =
Mrs. Butterfeld was also recalled Asked If she
was sitting up in bed while the robbers were there:
said she was. Asked if she had her spectacles on;
had not Ii she could recognize any one as well
without them as with them; thought she could not,
but that if any one came near enough to put gag in
her mouth she thoughtshe could seesuficently well
to be able to recognize him afterwards didn't often
put them when reading "a va r-s~
The Government then informed CHS Honor that
they should stop here, )" and Mr. Abbort commenced
the opening statement for the defence He admitted
the commission of the crime, said it was probably the
greatest that had ever been committed in New Eng
land, touching property that such crime must
necessarily have created intense excitement only
in the immediate vicinity but elsewhere, and that
there danger that Jurors and all others might be
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against being influenced informing hem that in law
the prisoners were to be regarded innocent until
proved guilty; he stated that the grounds upon which
the prisoners would rest their defence would be in
part insufciency of proof the part the Govern
ment; that in Barletts they should rely upon
insufcehcy of proof from the evidence already in,
and that for Mcguire aud Simms, they should also
prove an abb. 1t suggested for the considera
ton of the jury, that they must be governed by what
was in the indictment and nothing outside; that they
must consider the effect OF the offer of the reward
upon the witnesses for the Government and also the
home of the prisoners, hundreds of miles away rem
dering it extremely difficult for them to get wit
nesses.
The first witness called was C. A. Gison of Port
land, livery stable keeper Said he agreed to let
ryal and span Of horses, but did not see the party
when they came for them, nor when they got back
did not think that either OF the prisoners was the
man who hired the team of him; supposed that the
team left Wednesday and returned Friday. Mr.. Gill
son was cross-examined by Gen. Sherley, who SO
showed up his testimony that it of no good what
ever to the defence. ssss IL ss-ss.ss
Alexander A. Arid William Murphy. Sarah MUIR
ply and Mary Arid, all of New York city each tes-
tilted that Mcguire was in New York on the 22d OF
June last; that it was Mary Ards birthday; that
she was Maguire's sister, that she invited him with
others to dine with her on that day All testified to
being present; went from house to Central Park
each knew the other two prisoners, and OF the
witnesses testified that she had frequently seen them
together in New York .a
The suggestion to adjourn to Columbian Hall pre-
vailed, and Court accordingly ordered the crer to
adjourn till tomorrow morning at O'Clock to meet
at Columbian Hall. ia tsf
Voc AtA t-i FRIDAY FORENOON.
The Court came in at o'clock, the hall being we'll
filled. Frank L. Dngley, of the Lewiston Journal,
was first called and sworn. Testified that he was
present at the preliminary examiu alton, and
porter for the Lewiston Journal. Asked what Mrs.
Butterfeld testified to at that examinations couldn't
say from his recolection cannot remember whett-
she said she recognized either Of the prisoners OF
not; heard Temples testimony, but don't remem-
Der thing about it; Mr.. Butterfeld was witness;
don't remember what he testified TO.
Deposition of Nicholas Cutcher. res de in New
York; am acquainted with Rory Simms; 1 don't
know where Simns was on the 21st and 22d of June;
all know about him is that he regular GUS
toner at my barber shop; he didn't wear any whis,
kers in June; have resided in New York IA years;
never a witness for prisoner before this never
knew Simms by any other name than Rory Smms;
do not know Sirnms business ~
Deposition of Augustus Cohen, of New York Have
known Simms two years; know that Simms was on
apc-nic excursion the 2ist of June last we return
ed about II O'Clock at night; Simms did not wear any
whiskers in May or Juno; lived near him and know;
never have been witness I'm any case for either of
these defendants before; never knew Simms by any
other name than Rory Simms do not know his occu-
patton; have frequently seen him with other young
men. -l4ail7f fi''t
Deposition of George Straube, of New Jersey
know where Simms on the 21st of June; he was
at my place with pic mic party; know the date from
my diary; he did not, am quite positive wear any
whiskers on the 21st Of June; am hotel keeper;
never been witness for either defendants before;
never knew Rory Simms by any other name; don't
know his occupation, As4
Henry Tallman, one of the counsel for the defence
sworn. Testified that Mrs, Butterfeld said at the
preliminary examination that she could not identify
either of them; that she asked If tho large man
wore mask and that her reply was that she did not
look at him and could not tell that Mr.. Butterfed
did not pretend to identify either of them.
This completes the testimony for the defence. Mr..
Butterfeld again called by the prosecution, and
testified that he had prepared schedule of the prop
erty stolen from the Bank and ownership.
Mr. Carr, again called by prosecution, said soon
after the robbery he went into Mr. Gsons stable to
make inquiries of Bailey, concerning the men who
hired team, and ellison came forward in buster
ing manner and said: "What's up now i'm relation to
Tue Dowdoinham Bank robbery interiered to keep
Bailey from giving information. ID.
testimony all in and evidence declared closed, Hon.
Henry Tallman commenced the Argument for the re-
spondents. 3-.-
MIR. Tallman commenced his argument for The
prisoners few minutes after 10 O'Clock, and spoke
until recess. After recess he resumed and closed nj
O'Clock In the afternoon. Gen. Shepley then Conn.,
menced his argument for the State. p.
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