The Republican journal. [volume] (Belfast, Me.) 1829-current, 1870-02-17
A SINGULAR RECORD OF CRIME.
From the Lewiston journal.

Andrew J. Tozier OF Carmel, Maine was on Mon.
day sentenced by Judge Dickerson, at our January
Term of the Supreme Judicial Court for Andres
coggln County, to years Imprisonment in the
state Prison for robbing. in August 1865 the store
OF Michael LarEln at Livermore Falls in the night
OF property consisting of coats valued at $1,000.
cart was alsostolen at the same time.
Tozer is hard customer, and his biography not
without Its lessons But one thing do we learn in
his favor. Tie was i'll the army and was. it seems
brave soldier. Indeed, his friends claim that the
Governor OF the State. year or two since in an
address at Bangor, personally complimented Tozier
for galantry i'll the army, and said the State ought
to take care of such men, Itseems that between the
Executive and Judicial branches ofthe Government
there is, in his case, full accord.
Tozer first appears before the public. charged
With sterling SIX oxen from parties in Washington
County. One Cushman of Carmel, and one Shorev
of Monmouth were charged with being his accom-
plices. shorey plead guilty on his arrest mpcat-
ing the other two. Cushman at first denied his
guilt but under the influence of religious instruc-
tion while awaiting trial at Augusta Jail he also
confessed and likewise implicated Tozier in the cat
tie robbery. Wishing to make clean breast of his
sins, he confessed among other offences that he and
Larklns store III Llvermore. Cushman, according
y, on being ,arraigned, plead guilty. and was
sentenced to years i'll State Prison.
Shorey on account of the aid rendered the GOV.
ernment in his confession, has not vet been sen.
fenced and he is at large. ToZier was discharged
at Augusta Court in the cattle case, for want of
jurisdiction, it appearing that he accompanied His
accomplices, so far as learned with the cattle and
then stopped, while Shorey and Cushman passed
on with the cattle into Kennebec County bringing
up finally at Augusta, where they butchered them
and where, in selling the meat they We're detected
and arrested. They sold the hides at Miller &
Randafs s,sAuburn. Thus Tozicr had committed no
offence i'll kennebcc County.
Thereupon Tozer was Immediately re-arrested on
all Indictment for the part he took in the otfense
in Washington County, and was tried and 0cquit-
f9Dl nnty sl- Il
pected verdict, causing much dissatisfaction. His
defense was remarkably ingenious, conducted by
Brown OF Bangor, who laid great stress on Tozers
war record and actually won the case against posi-
tive testimony of respondents guilt Shorev was
there tcstfylng to all the particulars of the larceny
and Tozers part therein. Other witnesses on the
route taken by the thieves in driving off the oxen.
corroboratcd Shorey, and identified both him and
Tozier. Tozier has a brother who strongly resem-
bles him. Among the corroborating witnesses was
a boy who Unidentified Tozier in this way Brown
respondents attorney, suggested since the vital
point was one of identity, it could be easily tested,
and proposed his client be placed among the spec
tators of the Court to if the boy could pick him
out. This Recommendation was adopted by the
Court.
Meanwhile Brown had shrewlv put Tozicr's
brother in the audience in such location that the
lad must need seen him before he did the prisoner.
The boy witness was introduced and asked to single
out Tozier from the crowd His eye fell on Tozier's
brother. and he stopped a moment to sean him
Brown evidently expecting him 10 identify the
brother as the Tozicr related to the case. But the
boy shook his head and passed on, and finally his
eye lit on man, and he turned to the Judge know
ingly. and walked to the witness stand. 'Can you
point out the prisoner" asked the Judge. ''IeS
slr,' said the boy. "Ihat is he pointing to the
right man. Browns test was sharp and shrewlly
invented. but It failed The gun kickcd-the breech
was the most dangerous point OF the weapon. De-
spite all these proofs, Tozier won the Fol
lowing Iickwlcks suggestions to 'Samivel,' he
stuck to his 0lt6t The ease Was tried last Octo-
Der and was one OF the most Interesting in the recent
Court annals OF Washington County. AT the close
"l iIe lrlal broWn. lozlers attorney, sad that he
wv, 49, II ioAivi @ WI? io,liq sutt
nt ',o ,ra ] ,iiii. nul N ny ~
,1thh ,i ;tt1 ~; ''' =" ~, i:o,'' ~ iiie iio9 l.
A1ot?l! tlios 'v'l!tl'tet'' nus ;trqltl proved il
wIih ro,,iori NJ va ~ l; y;
I,ra.mv nrtni ,Ih it, i, ~, I'm ,H @ , n,i'
h'rtbnr n T,,,;+a1 u t =" ~ apho'i
Mhnfara hn la4 tnn Tnnrt ,tnm, 1oi 80 - unen =
at the instance Of the officers of this county, by
reason of CushmanS confession. duplicating him
in the Larkin robbery. Tozcr was taken to Liver
more Falls, arrai@ncd and bound over for trial in
the sum of $1,000 He procured bonds and was dis
charged on BAIL
10 make This arco,,nt cohnro,,t-;t i no.o.so,.,,
to retr,cc few stems Cusbmam in tno,TNta iiI
in his connssion st,tad t1,at rn,,in ~ +i ],,,
coats were ronrnnind at ono Rrnlr,.I ~ Tat
Dxmont-a brothcr-il-law Of I'olier, md on senrIf
h1vnow Tho mjrc hnl nna,,,y, ,,,ii th -, - -,
Burkman at once beins. smrnrsc1 s1iJ ,rI"Sn
coats were leff hrrn Nv TnIin. ;, Int donioI I
participaton in the anilt hmsalf f1rbcr than ~
had nm mtjmation ron Tnliar +hot tbn noi @
in some way contraband B,,rL nam w,S bo,vn,nr
arrested in the charge of conrnalin@ stolen ~oods
and tried at Bangor and mon thp tnstin9n(y a,
Tozicr that he purchased thcsn Goods If Sbornv
above named. and tb1f he infnrmrd Rnrlnnn, n
this when nr drnositr,J thrn, viii, lin, Dmni.,an
was discharged. Again. there was nuhlic surnriSn
This sclf-defencc of Tozier was if seems. s1GaeSt
| ed bv malice against Shorcy, on acronnt of liz III
vulging the facts ofthe cattle larceny Here acair
/ TOzier's lies prevailed at Court
At Toynr.S in.tiootion C,,.b,ror..
Of Tozinr Tii;tod hn iat siste
his rontns,ion at Anai,st o,,I o1iIo W. 't
rnt,,nt hi; onnfai7 S M t '''I. w. oi iirln ~ y
thc cattle robher,, was nncaoi ~ h,t - ~ ~ u
Wifi Cnshm,n, ',;ns 49,, h ,l pt'' iite '.i'' ~
arlin Iar.nnrbp o, 'i,,l a1e.. 1i i, a1 10 tn
the atfr and of nv ',iit hil i. ] 'r .?oSI
hrothar; law " '' 7"''' ' ~ t'''' ~ '0Aei iiiS
| ~
| rs the case now STOOD loZlcr-Wtth the prestige
OF victory botn at Machlas and at Bangor. ant
ICuShnliin Withdrawing his ald from the government
and coming to Iozlcr's rescue-stood Il good pros
pect OF acqulta ut the expected trial i'll Andros
coggn County-1or Shorey'S testimony had beel
repuuatcd IN Washington and Iozicr's story re
gardmg innocent possession of the goods was be
hevcd IN Bangor. In addition, Shorcy, by his owr
;i ~ na. >oM ~ illseli CnPale ol commit
~ ny ''Vei', vi 'il' eoS' ~ loAer "ouu nave
~ M noliose'
my ; ela."isi.!.ce ia.i 10 iozcf case IN An
Npu.i'. oottlopS. Il, hachl$S, ALREADY
a,loea = lo' Ms 'l!''s olici1r OF Cherryheid
o ,,i a. iHlvi ~ tli, @ ,iiiiied % IN inn d, Is e MAJ