The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-01-19
THE SWIFT GRANDDAUGHTER
CASE.
Trial of Simon A. LOveitt for the killing
of Leonard #. SWEET i'm Portland Sept.
20, 1871.


| THURSDAY FORENOON.
At the opening of the court this morning
| Mr.. Virgin began his opening for the defence
and concluded at 1045, occupying about ar
| hour and three-qnarterS After a brief eXord
UNI he referred to the charge in the theory Of
| the government from what was stated at the
opening of the trial; alleging, in substance that
the County Attorny had been driven from his
original policy by the development of facts Oh
the witness stand. He cited the principles OF
law and their application to the facts; and pro.
ceeded to examine cursorily some of the evi.
Gence offered by the government especially
that of the interested witnesses. Proceeding to
indicate the line of defence, he said: No doubt
that SWEET was killed. The government has
put to you two classes of facts. There is nc
doubt that he was attacked at two different
times that night. There is no doubt that the
little girls testified to the facts as they saw
them. We shall introduce a private watch
man, who will state to you that at 8 ID O'Clock
he went from the Post Office to the Custom
House; entered the Fore street door, smoked
his pipe; when the bell rang he stepped out on
the steps. saw these men standing ON the cor
ner where SWEET was found; Heard one give the
lie. When he stepped out he heard "hushp'
as much as to say Here comes some one. !"
He walked by where they stood; saw Leonard
4. SWEET standing there with two strangers.
This testimony Mr.. Decelle desired him to with
hold from Mr. Strout because "our testimony
will be conflicting" The facts as learn them
from Loveitt are just these: He was down
there in that bad company that night. He con-
firms all the general statements in regard to
the card playing. The bet was for $50; SWEET
put up the money, but the fisherman had but
S18 SWEET then reached out and took back 50
to make the bet even, Loveitt took the money,
rolled 1t up in a wad and held it in his hand
When the game was decided he gave the mon
ey up, and SWEET declared it was short. If any
is gone 1T has dropped on the floor. A light
was produced and the money searched for but
it was never found. SWEET went out the back
door. The accused for good reasons, which he
will explain, went out the front door, down
Portland pier into the alley very near the rear
of the buildings; remained there moment for
necessary purpose; proceeded through to
Pearl street and met SWEET at the corner of
Fore street near the post. SWEET charged him
with having cheated him out of three dollars
he reached forward to collar the ac-
cused, when Loveitt struck him a swing
ing blow with the flat of his hand and knocked
him down. Loveitt then started down Com
mercial street, and when he got to the opening
of the alley-way looked back and saw SWEET
standing on his feet Loveitt then passed
through Commercial street to Fore, up Silver
street to the post-office, where he stopped and
drank at the fountain. The bell began to ring
nine while he was drinking. He passed up Ex-
change street to Congress, and up that street.
Near the corner of Chestnut street he met Mr.
Green, an acquaintance, and they went togeth-
er to Darton's two doors this side and drank
beer A lady who had just come out of a reli-
gious meeting at the Chestnut street church,
saw Loveitt at Darton's and identified him.
Loveitt continued his walk up Congress street,
meeting and speaking with his brother on the
way-as far as the Preble House, when he re-
turned to Blake's and after remaining there a
moment walked homeward with CocSins. and
they separated at the Park. Loveitt going di-
rect to his fathers house to bed. .
Simon A. L0Ueitt-Am 81 years of age: bust
ness working at my fathers fishmarket on
Commercial street: my father is John Loveitt;
lives at 80 Pearl street; am cooper by trade;
knew Leonard f. SWEET eight or ten years; in
timately eight years; on the 10Th of September
was on Fore street; went into Blake's about
o'clock p. M; was not at work that day; was
sick; had taken pills; first recollect SWEET on
that day about O'Clock; saw him in the even
ing; saw him at Blake's front Shop SWEET came
in while was there; Blake and Conway were
there; fishermen were coming in every few min
utes; there was a good many of them in town;
most OF them came in at night; l went into the
back room; tall man, a stranger to me, went
into back room, also; never saw him before or
since; the stranger proposed a game of cards
for the drinks. SWEET, myself and the stranger
and Conway went into the back room; played
High-low-Jack; Conway and I were part
ners; we won; SWEET and the stranger
played off We wend out and took the rum:
L took some cider and black pepper; then Con-
way and went back to the back room; SWEET
and the big man were playing; when we all
played together 1t was somewhere about s or
half past; did not take hand with SWEET and
the big man; they were playing for money; the
big man wanted to bet $40 that he could make
four; SWEET wanted to bet $40; big man wanted
me to hold stakes; SWEET handed out two $1O's.
The big man had SIS. l took the money and
crumpled it in my hand; when the game was
ended SWEET asked big man if he was satisfied.
Big man looked at Swett's hand first before
he answered l threw the money down; SWEET
took it; said it was short. Told them 1 hadn't
any $3, hadn't any money about me; they
lighted matches and searched for the money;
went down Portland pier to the alley-way; went
three-quarters of the way through the alley and
sat down; the reason why did not stop short of
there was because l was afraid / might get
bucket of water from the windows of the sail
or's clearinghouse on my head; went through
to Pearl street and up to Fore; met SWEET at
the corner; he said had beat him out of So;
told him / hadn't any So; that it was all right;
he reached out his hand to grab my collar; l
gave him swinging blow with the fiat of my
right hand; he pitched forward; he was drunk;
when got to the alley-way was going through
there, but it was dark; and went down to Com
mercial street; looked back and saw that he was
not following me; saw SWEET get up and was
stndlng on the corner; passed through Com
mercial street and up Portland pier to Blake's;
saw Coggin, Conway and Gould there; there
were considerable many people on the street;
stopped there but minute; then went up Sill
yer street to Middle stopped at the fountain in
front oft the post-off re; rinsed out the cup and
took a drink of water; the o'clock bell was
ringing; am positive of it; went leisurely up
Exchange street to City Hall; passed up Con-
gress street on the right hand side; the first
person L met to speak with was Mr.. Green, on
the corner of Chestnut street; we talked mo-
ment and went into Darton's oyster shop and
took some beer; we talked about the Cooper's
Union stopped but short time; I passed up
Congress street; asked Green TO go; he said his
folks were sick; met my brother Daniel W.
Loveitt on Congress street; spoke with him;
went up Congress street; stopped at Preble
House; don't know how long; came down street
again. stopped minute in front of City Hall;
passed down Exchange street and Middle and
Silver street to Blake's; the store was shut up;
there was light inside; knocked on the door;
went in; stopped but few minutes; went up
street; Coggins went with me; he left me at the
Park; went home; don't remember of hearing
the clock strike 10; never saw SWEET after i
saw him standing by the post, when 1 went
down Pearl street; had no weapon in my hand
or on my person but pocket-knife; / struck
him only with my open hand; there was no
scar or bruise ON it; officer Decelle looked at
my hand; had no ill-feeling towards SWEET when
l went to answer the call of nature; never had
any but kind feelings towards SWEET 1.-THE
witness here took the plan of the premises and
explained to the jury his movements and the
location of the occurrences. When | went
home I went to bed; was aroused by my father
calling me; Mr. Decelle came into nv room;
my father was in the corridor; .Decelle asked
me some questions; cannot clearly recollect
what l said have never told Decelle that SWEET
won So of me; hadn't it for him to win; never
told Decelle that l slapped SWEET in the back
room; told him that he put his hand out to
collar me and slapped him and knocked him
down; never told him that / left SWEET lying
there; SWEET was pretty drunk; his legs were
weak; l hit him pretty heavy cuff and he fell
forward on his face: never made any conceal
ment; but answered all Decelle's questions.
Cross commandment to sea when a boy;
I weigh 200;. am 6 feet 10 inch in height
On the 10th of September had been off duty for
three or four days; left off work that day on
account of diarrhea; / had been at Portsmouth
to the tiremen's muster; took five pills in the
forenoon of the 18th; didn't eat my meals reeu-
larry. When l went to Blake's had eaten but
two meals in 48 hours except some fish and
crackers at Blake's. Took the second dose of
pills on the forenoon of the 18th. They first
began to operate in the afternoon; had several
during the day and night saw SWEET for the
first time that day in the evening; he came in
while was there; didn't remember of taking a
took liquor that day; perhaps five or six; don t
remember the stranger; shouldn't know him if
should see him; think he had mustache; he
wore short frock, buttoped at the waist
didn't know whether he wore a glazed cap or
hat; my recollection of the time when we went
into the back shop is governed by the time
when went up town; didn't remember of look
ing at the clock in the shop; the difficulty be-
tween SWEET and the fisherman was when they
went to play the second time; the fisherman
wanted to play the second game for satisfaction.
When threw the money down [ asked the
fisherman if he was satisfied He said 'hold
on, let me look at the cards. then he said he