The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-01-22
Superior Court.
.NUARY CRIMINAL TERM-GoDDARD, J., PREsID

.NUARY CRIMINAL TERM-GoDDARD, J., PREsID-
ING.
FRIDAY-State vs.. William Logan. The
Government called DR.. Thomas A. Foster and
DR.. s. G. Gordon. Their testimony agreed
substantially with the testimony Of DR.. Cobb.
Charles Fl. Hall s,Uorn.-Held an inquest on
the body; found it at the house of Ellen Burke
on the floor near the stove; it was dressed;
found Mr.. Bolton and others at the house;
gave the wrench and cordwood stick to Mr..
Bolton; DR.. Cobb saw the stick and examined
it.; gave it to Mr.. Bolton to bring to town;
no one was left in charge of the body; the rext
day the body was lying in the same position;
they were afraid to touch it; Logan was under
arrest before got there; he was present at the
inquest, but asked no questions and was not
Intercepted by any one.
Thomas Ross sacorn.-Am 16 years of age;
was at Logan's house on the day of this trou-
BILE; saw in Logan's house Mr.. and Mrs Lo-
gan; Mccarthy was lying on the floor drunk;
did not talk any; Logan came into the room
where Mccarthy and 1 were and ordered me
ont; was trying to get Mccarthy home; about
noon Friday, Logan took an axe and struck
me with it; went out doors; he followed me,
knocked me down and struck me; Mccarthy
was in the house all this time; came back
about 4; Mccarthy was then in Mrs. Burke's,
senseless and lying near the stove; saw blood
on a pile of wood near Mrs. Burke's house.
Mrs. Burke sporn.-My house is near Mr..
Logan's; was ct home when Mccarthy " as in
jured saw from the road Logan pulling Nc
Carthy out of his house by the feet; did not
hear Mccarthy say anything. Logan was
swearing; he said, you son of a -, come out
of the house or I'll kill you" Did not see
Mccarthy kick or do anything; Mccarthy
came into the house and asked for stick; told
him had none for him; he took the poker and
went out; went out also; Mrs. Logan called
out that Logan was killing Mccarthy; went
out to help her. Logan came towards me;
ran into the house, locked the door, peeped
out and saw Logan take stick from my wood
pile as large round as a tumbler, swing it in
both hands, raising it over his head. Mccarthy
was lying on the ground. Saw the. stick after
wards lying in the snow; Mr.. Hall took it.
Five minutes after Mccarthy was struck he
crawled into my house, and asked my husband
for Gods sake to let him lie there. I did not
stay in my house after Mccarthy died; he laid
by the stove where he was whea he first came
in. Did not see Logan strike but once with
the stick. My poker was broken when 1 saw
it again; found the other part where Nc
Carthy fell. Saw blood on Logan's face. I
was in the door when he struck Mccarthy
with the stick saw the stick afterw ards in
Mrs Logan's house; saw some one saving it
up after Mr.. Hall left. Mccarthy was stout
man.
Chds H. Hall re-e1anained-The stick was
burned up; it was cord wood stick about
IL inches in diameter, with some protruber-
ances on it; it was green maple stick.
DR.. Cobb re examined stick was
shown me; on the stick about foot from the
end was spot which resemhled blood; could
not say that it was blood; there was not much
difference in the size of the ends of the stick
The Government rested the case here.
DEFENSE.
Mr. O'Donnell opened the defense at about
IL o'clock, commenting at length upon the law
and the innocence OF the accused, and stating
that whatever was done by the defendant was
done in self-defense.
Josiah Moalton the first witness called, tes-
tilted that Logan came to his house on Friday
soon after the accident, much frightened and
bloody; that he went home with him and STAYED
half an hour; that his character, so far as he
knew, was that of peaceable, quiet citizen.
Daniel j. Libby testified that he was passing
Lopan's house on the day of the ARRAY and say
a semitic between Logan and Ross, and hear
Ross say he would kill him; and saw Loga
strike him with an axe handle; that when h
went back at 8 o'clock he found Logan at hi
house, but that he left in about half an hour.
Henry d. Smith testified to passing the nous
on the day of the accident and saw LoSa
come out into the road, his face all bloody, an
that be followed him up to Libby's. He ais
testified to the ARRAY between Ross and LIZ
gan; that Logan's clothing was very muc
torn, but he did not think Logan was drunk
that he went home with him and went to slice
on his lounge and slept two hours.
seaoaa WEIGH testified to substantially tn
same facts as the last witness.