The Portland daily press., 1873-05-23
superior Court,

THURsDAY.-State vs. Jonathan Watson Re-
sponlenl indicted at this term for arson. The
Indictment contains five counts and the first count
in substance, charges that Jonathan Watson of Scar
borough, in the county of Cumberland, laborer, on
the TWEEN ieth day Of January, 1873, at Cape Eliza
beth in said county of Cumberland, with force and
arms in the night time of said day, certain build
ing belonging to him, the said Jonathan Watson to
wit certain barn there situate, felonously, wilfully
and maliciously did set fire to with intent then and
there by the kinding of said fire as aforesaid set
fire to the said building of him. the said Jonathan
Watson to wit: the said barn. there situate to set
to, burn and consume a certain dwelling-hou
there situate belonging to him, the said Jonathan
Watson divers persons other than the said Jonathan
Watson, to the Jurors unknown then and there be-
ing lawfully in the said dwelling-house of him. the
said Jonathan Watson AMI the said DWELL ng house
was by the ndling of said fire aforesaid set to
the said barn. then and there in the said night time
of the day aforesaid, feoniously wilfuy and malc-
iously set fire to, burnt and consumed against the
peace of the said State, etc.
The second count is the same as the first, except
that the buildings alleged to have been the prop
erty of one Simon Jordan.
The third count charges that he set fire to the
dwellng-house of Simon Jordan, in the night
time. etc.
Fourth count charges that the respondent set fire
to dwelling house belonging to him Wason) in the
night time, other persons being lawfully therein.
The fifth count is the same as the second, except
that the fire is alleged to have been set to the dwell
ing-house of one Simon Jordan.
The respondent upon this arraignmcnt pleaded
that he was not guilty.
The following gentlemen compose the jury as en-
paneled:
Us Webb of Bridgton, foreman; Seward Wes-
colt, Gorham; Cyrus Noyes Falmouth; William S.
Alexander, Harpswell; Charles s. Sweesir, North
Yarmouth; Thomas c. Hawkes., Wndham; Reuel
Merrill, Cumberland; Nelson B. Elliott, Falmouth;
James p. Weeman, Brunswick; Winthrop True,
New Gloucester; George Jordan, Raymond; 10
seph Norton, Baldwin.
Assistant County Attorney Fox in opening the case
for the State said that the government would offer
evidence tending to establish the following facts:-
Some three years ago the prisoner here from
the eastern part of the State and settled in Cape
Elizabeth, where this fire teok place. very Spur
wink river. He soon became intimately acquainted
with one Simon Jordan old man. who liz ed there
upon the premises which were subsequently burned
with his aged sister. After time Watson, by ur-
gent representations persuaded Jordan that it would
be good thing if he (Jordan) would give him an
outright deed to these premises conditioned that for
the remainder of Jordans and his sisters lives he
should support them. The decd was accordingly
given. As is usual in such cases the arrangement
turned out unfortunately. Jordan complained that
he and his sister were not receiving such support
Watson had covenanted to furnish, and that there
fore the deed forfeited and the property revert
cd to him. After some litigation, in which Watson
came out second, agreement was drawn up in
which Watson agreed to vacate the premises by the
first of February, 1873.
About the first of January Jordan and his sister
not boing able to remain in the house with Watson,
owing to the trouble eft intending to return after
Watson had left. Watson, with his wife and child
therefore left sole occupants of the building.
On the Goth of January, at midnight, the neighbors
awakened by the light of cOnfagration, and
hurrying to the scene found a new barn recently
erected, some little distance from the house, and to
the northeast and another barn still further off were
all in flames, the wind at the time blowing almost a
gale from the southwest. Watson and his wife were
both there outside fully dressed their furniture was
securel from the flames but the furniture of Jordan
which contained in that side of the house not
velopei by the fire, was left untouched.
The evidence for the government will be mostly
crcumstantial and of threats male by defendant at
different times while the litigation in progress
Nineteen witnesses were called by the government
and sworn.
Nathaniel Dyer, ID, was the first witness called by
the State. and testified in substance follows Re-
side about third of mile from these premises that
were burned; these buildings thai burned con-
sisted of an old fashioned story house with an ell
on it and a shed on that; there two common
barns, nearly new which stood about thirty feet
from the ell to the northeast the other barn fur
Their from the and came up to within about ten
feet of the other barn. the nearest house to these
buildings was Benjamin Dyer's and the next MARI
D. Parrots; on this night 1 awakened by my
wife the fire in that direction and started for il
foot was probably ten or fifteen minutes reach
ing the fire; did not call at any of the neghbors al
passed; when came in sight of the buildings thu
barn, nearest the house, was burning the boards
al off nd frame standing; no blaze to be the
other barn; at that time was about third Of the
way there when l reached theae / foundr. NJ Wat
son. his wife and child were outside ana hal small
lot of goods out and Mr. Watson standing beside
them; asked Watson If he had saved all he could
he said he had; remarked, we might take out some
windows; went and opened the front door of the
house; the ell was burning at that time and the
smoke was all through tue main house; went and
took out two windows in the southwest ern
room and then in and took out the furniture in
that room and passed it 20 watsoni it consisted O
bureau bed and some half dozen chairs; 1 asked Wat
son where the fire first broke out and he said in th
barn asked him if anything burned; he said no, HI
got his COW out an his horse had not been there fo
said he had lost little trunk with thousand dollars
in it'll told him should think he would have thought
of that the first thing; he sail he could not think
everything; there was no other person there when
arrived Frederick Hannaford was the next one that
arrived after mo, in about half hour; the wind
that night southwest blowing quite strong in the
direction from the house; there was post between
the ell ana the barn. ABOUT eent 1eet from the barn
saw it the next lrning, and the sile towards the
barn only charred; it not burned the side
towards the ell; Watson was fully dressed think
did not notice anything out of the way in his dress
Nothing was elected on cross examination.
Frederick Hanuaford, called by the State. testified
that he lived about mile and half from the prem
ises did not arrive at the fire until the barns
consumed and the house nearly so; arrived there
about quarter of ten O'Clock; it showing quite
hard damp snow; fonr or five of us standing
around talking how the fire could have originated
and said it was impossible for the house to catcf
from the barn watson said the wind Whitfield s. ound
there a remark made thai the house was covered
with ice and be said there dry faggots brush
there; asked him if the side OF the building was
made of faggots, and he said no. they were inside
tho wind was southwest and noticed no change in il
that night; it gu lite stroD breeze 1.-The barn
to the northeast of tile house. Rep l heard
Watson say it was a hard thing to work all his life
time and then lose it,
Al this point Court adjourned until Friday morn
ing at ten O'Clock.
Inc Jury are CHARTERED at the Prehle House under
the charge of two officers.
county ATTY Mattocks and Asst, County Atty
* appear ior the State and Nathan and Henry
Cleaves for the respondent ~ ~ ' -
Municipal Court