The Portland daily press., 1872-01-20
THE SWIFT MANsLAUGHTER
CASE.
Trial of simon A. Loveitt for the killing
of Leonard #. SWEET in Portland Sept.
10. 1871.
FRIDAY FORENOON.

q
20, 1871.
FRIDAY FORENOON
james H. Broom was recalled by the defence
and couple of Delaying pins handed to him
He explained their use to the jury.
REBUTTING TESTIMONY.
james NJ Black called.-Stafford block is
about $50 yards from the corner of Fore and
Pearl streets; Gould came for me; Chatham
street is 113 yards from the corner of Fore and
Pearl; when passed that street it was Ii min.
utes past nine; about two minutes after Gould
went to the stable went; helped harness the
horse; was about five minutes in going from the
corner of Pearl and Fore streets to the stable
and back again; can't tell how long we were
going to the police station; have stood on the
upper step OF the custom house; didn't notice
whether could see the stone post or not
Cross E1ansi,,ed.-Did not testify as to this Il
minutes past nine in my direct examination
don't recollect of talking with Decelle since
my direct testimony; have no recollection OF
talking to Decelle about the time, since my di-
rect examination; the two minutes is fresh in
my mind; took up the trace; the hostler helped
harness the horse; think pulled the wagon
out; think moved the carriages; / worked
lively; don't think was more than five min
utes in going and getting back with the horse.
William Foster called.-Have smoked every
night in the custom house; there is no poster
stuck up forbidding smoking; in the custom
house every night between o'clock and half
past or 10; Mr. SWEET and the other men were
standing near together when first saw them.
Charles S. Webster called.-Was at the side
of the railroad track on Commercial street
when last saw the man lying down.
Cross Examined has asked me a
few words since l testified on my direct two
or three times; L can't say whether / stood in
fthis room while Mr. Foster was being examin-
ed and had conversation with Mr.. Decelle;
spoke to him yesterday sitting in my seat; 1
can't say which commenced the conversation;
talked again yesterday afternoon; commenced
the conversations; never said that time; the
County Attorney asked me just question; L
was going to the ferry; was in hurry; the fer
ry boat left at just O'clock; it wasn't very
dark night; kind of misty; could see man at
the post from the other side of the railroad
track that night; the man who struck SWEET
made circle of 10 feet into the alley way and
peeped out; 1 was on the railroad track when
saw him.
j. ID. DeceUe called-Heard the testimony of
Foster; Mr.. Foster has had conversation with
me; first on the morning of the 10th of Septem-
Der; he said he was in the act of locking the
Custom House; he had just passed out of the
Custom House on the Fore street steps; heard
the word Tie" very distinctly given; saw some
men standing in the corner of Donnelfs shop;
said he could not see the parties; said he sup
posed they were fishermen and thought there
would be fuss so he left; the following Sun
day, the oath of September, Mr., Foster came
into the Deputy MarshaPs office; he stated that
while in the act of locking the door he heard
the lie given; looked round and saw three
men standing; he said they stood from six to
ten feet below the corner of Pearl; he said he
passed and saw SWEET standing there; he iden-
tilted Mr. SWEET but did not identify the other
parties; another conversation had at the post
officei 1 went to him; told him / wished he
would refresh his recollection for he differed
from all the other witnesses; told him should
have to contradict his NOV toll
not to tell Mr.. Strout; never advised him not to
mix up in this matter; he never told me that he
saw SWEET in Blake's shop ON that night; he
said something. about my declining his services
didn't seem desirable and he didn't care to press
hcmself on the inquest for the sake of witness
fee. I-7.7ls1- -
Mr.. John H. Blake called-There was privy
in my shop; Loyeitt had used it; can't swear
that he had used it at night; he did not ask for
a candle that night; couldn't say that he used
to it.
Cross Esanined-The cellar is underneath
the cellar the jury saw; the privy is some
times in filthy condition.
William Foster recalled K Article from Daily
PRESS ready have no doubt but that is the
piece L read on the morning of the murder; TAR
ticle ready
Jesse H. Croaoell--Am police officer; testified to
a conversation with Foster on the afternoon of
seeing three men on the corner; thought they
were fishermen.
Cross Examined. conversation was very
brief; didn't know who began it. -.
a. A. Dennett-Am deputy clerk of this court;
have in my hand the criminal docket of the
court Counsel for the government said to the
court that his object was the record of the
conviction of Simon A. Lovett for receiving
stolen goods, to impeach the credibility of Low
eitt as witness. The court admitted the tes-
timony; to which the objections of the defence
were noted
W. A. Stilings testified that he had been to
the Custom House; standing with his hand on
the door he could not see the corner of Dom
nells shop; but standing on the edge of the up
per step could see the corner.
The counsel for the defence asked to be allow
ed to put Mr.. Nath an Webb, ex-County AttOr-
ney, on the stand for the purpose of showing
the circumstances under which the docket en-
try against Leveitt was made. The govern
ment objected and the objection was sustained
by the Court.
The testimony here closed and the Court ad
journed until afternoon.
Mr.. Strout began his closing argument for
the defence and finished shortly before six
o'clock. County Attorney Mattocks will argue
the government side this morning. The jury
will get the case this afternoon, probably.