The Portland daily press., 1873-06-11
BY TELEGRAPH.
MATTERS IN MAINE.
Trial Of Wagner.
SECOND DAY.
Opening of the Governmen:-The Ques'
tion of Jurisdictio n-Openins Testimo'
Especial Dispatch to the Press. /

Especial Dispatch to the Press.l
ALFRED, June 10-On the coming in of the
Court at o'clock, all the available room was
occupied. On motion of Mr.. Tapley the Court
ordered the witnesses for the government to
withdraw from the court room during the Coun-
ty Attorneys opening and the progress of the
trial. On the suggestion of the Attorney Gen
eral the order embraces the witnesses for the
defence. At $40 the Court directed that the
case proceed.
Synopsis of Mr.. Yoaton's Opening.
After stating that the duty of the attorneys
for the government was simply to carefully and
faithfully unfold the testimony in the case rath-
er than to appear as advocates against the pris-
oner, Mr. Yeaton proceeded to state what the
government intended to make plain to the jury
The first point was full explanation Of the
crime OF murder, and the various degrees of
guilt attending its commission.
The next point was as to the Jurisdiction of
the State of Maine over Smutty Nose Island :.
Mr.. Yeaton presented 40 elaborate history from
the date OF the first grant in 1920, to the present
time, tracing all the successive grants and the
boundaries until the present time. All of these
declare that the north end of Smutty Nose Is
land, on which the murder took place, is in
Maine. He also gave several instances where
persons committing offences on the island were
tried in York county.
The County Attorney next concisely stated
the circumstances of the murder. and step by
step, all the facts that the government propose
to bring out, IN connection with the conviction
OF the prisoner, showing that the prosecution
mad most ,N a.boriously and skilifnl.y prepared
evidence fixing the crime on Wagner.
In conclusion, Mr. YeatOn said just as cou-
scientiously, just as deliberately, and far more
loyfully than you would convict this man, if
you believe him guilty, beseech of you to dis
charge him If you can reasonably do so.
Mr.. Yeaton's address occupied about two
hours. Mr.. Tischacher m"ved the Court that
the jury take view of the place where the
murder was committed, stating reasons. The
Court declined to give the order. Mr.. Tapley
moved the Court that the sheriff be provided
with funds to pay witnesses in New Hamp-
shire to ensure their attendance. The Curt
gave the necessary directions Mr.. Yeaton
commenced to put in the evidence for the State
on the point of jurisdiction, as stated in his
opening, and put in Williamson's History of
Maine. After an elaborate discussion by coun-
sci, the Court admitted the evidence, and the
reading of the documents continued till noon
adjournment
In the afternoon session. after. the documents
showing the exercises of jurisdiction of the
State government over Smutty Nose for up
wards of two hundred years, twenty-six gov
eminent witnesses were sworn. Moses A. SAT-
ford presented plans of the Isle of Shoals, Ports
mouth harbor, Smuity Nose Island, Hontvet's
house and Johnsons house at Portsmouth. He
said the distance from Portsmouth to Smutty
Nose was ten and half miles, and from Smut
ty Nose to Whales Back Light it was seven
and half miles.
George E. Inglebredsen testified to finding
Mary Hontvet between and o'clock the
morning after the murder with her feet frozen,
and to the state of things at the house,
Evan Christensen, for the murder of whose
wife the prisoner is also tried testified in brok-
en- English to the finding of his dead wife. He
exhibited two pocbet books, in each of which
money was left at the house, one Of which was
found and rifled, the other not.
Calvin L. Hayes was on the coroner's jury
and testified as to the wounds, and said Anethes
head was battered to pieces, the brains oozipg
out.
The Court adjourned.
Mrs. Hontvet, the woman who escaped from
the murderer's axe will testify tomorrow. Her
evidence is looked forward to with great inter.
est Wagner regarded the twenty-six Witness
es for the prosecution with pleasant smiles,
looking at Christensen, the husband of one of
the murdered women, with especial interest and
pleased recognition.
ITO the Associated Press]
sufoeated by Gas.
EAsTPORT, June 1O.--A sad accident occurred
here this morning at the gas works. Repairs
were to be made at the works, and young man
named Hiram Lawrence went down into the
gasometer to let off the water. The gas over
came him and be fell from the ladder into the
water. His brother, Edward, went down the
ladder to get him out and he too was suffocated
and fell Another brother, James, manager of
the works, tied a rope around his body and was
lowered down, but had to be drawn up immedi-
ately. He was nearly dead when taken out
and now lies in dangerous condition. The
other two were dead when taken out. Edward
leaves wife and four children. Hiram was
recently married.
Fire mt Perry.
house and barn at Perry, owned and occu-
pied by Robert Talbot, was totally destroyed by
fire last night about II o'clock. The family
narrowly escaped. Property valued at about
$500; insurance not ascertained.
ssCirculsr'' Work.
AUGUSTA, June 10.-Fifty-seven delegates to
the Republican State Convention have thus far
been elected in thirteen towns in Kennebec
county, all of whom are favorable to Mr.. Ding
ley's nomination. Two hundred and fifty-six
delegates throughout the State have been re-
turned, all but three of whom are for Mr.. Ding
lev