The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-02-19
The Trial Of Joseph B. Smith for the
Murder of Thomas JOsslyn.

L. StetSon, ESQ.,, appeared Ior 1he 'o'a'e, anu
Hon. Abram Sanborn for the prisoner The
first day was consumed in empanneling jury,
eleven being obtained. The twelfth juror was
secured at an early hour Friday, and the trial
commenced The following testimony is taken
from the Whig:- ...-
Eugene Josslyn was called and sworn and
testified as follows
Am son of deceased, and now reside in Bos-
ton. On the 10th of last September was visit
ing at my fathers house in Charleston. At
about O clock in the evening of the 18th, faith
er left his house for store in the village where
he often spent his evenings. L had retired to
bed, when at about III Il o clock was called
by my mother, who said that father was hurt
She and 1 went out of the house and found
father about fifteen rods from the house; father
was covered with blood from several wounds
upon the head he seemed insensible. We help
ed him to the house. Father had pocket-book
when he left home. l had seen him have mon
ey. He carried his pocket-book in a pocket
sewed to his shirt. When we found him his
clothes were torn and the pocket-book was gone.
The pocket in his shirt had been torn out In
about half an hour after, l found club near
the spot where we found father. The club
was produced. 1t was a maple stick, about
5 IL feet in length and about two inches in di-
ameter Father lived until Friday night, Sep
TENDER %.
DIR. Jason Huekins, called:
Reside in East Corrinth. Was called to see
Mr.. Josslyn ON the evening of the 10th of Sept.
1871. Found him partially sensible Discover
ed four wounds, two fractures, one over the left
eye and one on the top of the head. The other
wounds were upon the right side of the head.
Attended him until he died. Wounds caused
his death. -,t. -t .-
Cross examined-Had never attended Mr..
Josslyn professionally before. Do not know
definitely as to his previous health. About
three days after the injury lung disease devel-
oped itself; pneumonia In my opinion injury
to the brain produced the disease of the lungs.
The fracture oyer the eye was about IL inches
in length. The fracture was very plain. There
was another fracture on top of the head but put
veloped Sept. 10Th, three days after the injury
was received The next day the symptoms
were aggravated last saw him Friday 2. M.
He was then very low; was not present when
he died, but knew he could live but few hours.
Was present at the post mortem examination
Discovered no appearance OF P-Ior disease.
Had known Mr., Josslyn for several years. He
was not robust man, but, although had been
his family physician, had never had call to
attend him personally. In my opinion, the
wounds he received on the night OF the 10th of
Sept were the primary cause of his death
Alkaline d. Patten, called:
Reside in Charleston. Know the prisoner.
First saw him Monday night pseEious to injury
of Josslyp. He stopped at our house over night.
Friday evening he came to our house and wish
ed to stop Recognize the prisoner in the box
as the man who stopped at my house, Ny
house is near that of Mr.. Josslyn He left my
house at about o'clock on Saturday F. NJ.
Did not state what business he had in Charles
ton. 74 tt,t
Was engaged In reading during the evening
When he left my house he went directly up the
road, past the house of Mr. Josslyn. The only
persons in my house were myself and daughter
During the day, Saturday young gentlemen
and young lady called In.
Arson Dorrety, called and examined.
Live in Charleston, about one quarter of
mile from Mr.. Josslyn's Saw prisoner, or think
did, on the night of the murder. l was going
from the store, and when few rods from Mr..
Josslyn's suddenly met man, watching me,
and l watched him. We were about four feet
apart when first saw him. .-
Think it was about o'clock when 1 left the
store. The person whom saw was walking
and coming towards me; he had on light-col-
ored overcoat and dark hat; did not notice that
his hat was drawn down over his face. Was at
the house Of Mrs Patten in the afternoon, and
recognize the prisoner at the bar as the man l
saw there. We did not speak to each other
when we met in the evening. Saw Mr. Josslyn
at the store in the evening, and had some con-
versation with him, Did not hear of the muir
der until the next morning At the tavern
Smith did not have on the oYercoat; had it on
his arm; when we passed each other we were
II or Is rods from the house of Mr.. Josslyn;
saw nothing in his hands.
George A. Bolton, City Marshal of Bangor,
testified; >E T..
On the 18th of September last was called to
search for Smith On the 10Th information
was given me that person answering the de-
scrptiop of Smith was seen on the Ellsworth
road. Went with Mr.. Hatch to the Lake House
from there to johnson tavern; stopped and
made inquiries, and as we came out saw some
men coming up with Smith; we took Smith in
our wagon and started for Bangor. On the way
1 asked Smith if he had any money. He said
he had, and took out a pocket-book; we count
ed the money and found $295.85. / asked him
where the notes and money were; he said they
were in Veazie, under platform. After lodg
ing him in Jail went to Veazie and found the
papers Maj. Bolton here produced a memo-
randum of thirty notes running to Mr.. Josslyn.]
On the road asked Smith how he could do
such thing; he said he did it for the money;
that he had lost his money, five dollars, and
had nothing with which to get anything to eat,
or with which to get away; said he struck Mr..
Josslyn with maple stick about three feet
long, but could not tell how many times he
struck him. ..
Eugene Josslyn, ON being recalled, testified
that the pocket-book, with the notes and papers,
after being passed to him by the Marshal, were
delivered to Mr.. Paine, City Treasurer. This
pocket-book was then brought into Court and
identified by Mr.. Jossyn as the property of his
father. He further testified as to confessions
made to him by Smith, and ON question by
the Court pointed out the place on the stick
where he discovered hair. .r
1He ctst W t1e part oIs the government was
here stopped.
Abram Sanborn, Esq, for the defence de-
cllned to make any remarks, and called the
prisoner, who, he stated, was anxious to testi-
fy. Smith came to the witness stand, and
throughout the examination maintained the
same composed appearance which he has mani
fest throughout the trial.
His evidence agreed with that of the witness
es for the prosecution as to the fact of his hav
ing been at the camp-meeting and at the house
n nrlM or,H ,sfrJf
He admitted having seen Mr.. Josslyn at the
camp-ground, but stated that the conspiracy to
rob Mr.. Josslyn was made with one MarroWs,
whom he met on the ground. Marrows told
money on his person, and suggested the plan of
robbing him. They were to follow him from
the store where they saw Mr.. Josslyn Saturday
evening. Smith was to engage him in CONVEX
satlon, and Marrows was to come up behind
them and grab Josslyn, and together they were
to effect the robbery without injuring him.
Smith further testified that when he came up
with Josslyn the first that he heard was a
blow, and that Josslyn called out and fell over
towards him, when he took the pocket-book-
Marrows ran away, and the next morning he
gave Marrows some money-how much he could
not say. At this point Smith was asked if he
recognized Marrows as being in the courtroom,
and was asked to go and point him out He
Immediately left the witness stand and pointed
out young man apparently some Is years old,
sitting in the courtroom, as the one.
The young man, whose appearance would not
cause suspicion that he could be guilty of the
terrible crime thus charged upon him, stood the
trying ordeal very manfully, and on being call
ed to the stand by the government, testified
that his name was Amos c. Page; that he re-
sided in Charleston was 20 years old; saw
Smith on the camp-ground last September; nev-
er saw him before; when he saw Smith on the
camp-ground, Smith had strap and there was
talk between them about betting on game;
did not bet and never had any talk with Smith
afterwards; there are people in Charleston by
the name of Marrows; Willard Marrows was on
the camp-.ground; did not see him with Smith;
Marrows is now at work in the woods.
At this point Mr.. Sanborn for the defence,
suggested to the court that he had expected that
Mrs. Josslyn, wife of the murdered man, would
have been summoned by the government, and
as he believed her evidence would be material
to the defence, he asked that the case be con-
tinued to enable him to procure her attendance
at court
The request was granted by the court, and
the case was continued until Saturday morn
ing.
81