The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-12-14
q. y. District Court.
BEFORE JUDGE FOX.

BEFORE JUDGE FOX.
SATURDAY.-Cnited States VS.. Rodney Fogg. The
testimony for the defence was continued. Fred
Brown, coored man, living at Augusta, testihed to
a conversation after the indictment was found, in
which Wood and Brett said they were going to get
$500 for informing against Fogg. Wood and Brett
being recalled denied Browns statement. The cross
examination of the other witnesses for the defence
showed in many cases that their impression concern
ing the character of Wood and Brett for veracty
an inference from their general bad character rather
than original impression.
The Hon. T. r. Reel, who appeared for the defend
ant, argued that the character of the government
witnesses is such that their statements are entitled
TO weight whatever; that the story they have told
lsimprobabe since the bribery represented as hav
ing taken place in the most public streets OF Angus
ta when thronged TN an election day; anu that the
motive for the conspiracy against Mr.. Fogg was
doubtless the hope OF obtaining the reward OF 500
offered by placard.
District Attorney Webb replied, admitting that
Brett and Wood are dissolute, dishonest men, but
argued that they precisely the men who would be
approached with tenders of money for their votes,
and that the defendant, actively interested in the
election and driving busiy about in his carriage on
election day. was precisely the agent who would be
selected TO buy votes for the respectable politicians
afterwards came forward to shield him by impeach-
ing the testimony of the wretches he had corrupted
There was nothing unprecedented or improbable
about the TRANSACTION unfortunately; and there was
no real publicity about 1t. The only witnesses were
the men whose votes were bought; and although
they are shown and admitted to be persons OF dis
orderly lives they are not distinctly shown to be
liars
Judge Fox instructed the jury that the question for
their consideration involved the character of the gov
eminent witnesses only far as it bears upon the
fact-Did Rodney Fogg do what these men charge
him with doing? 1t is not denied that he conversed
with them before they voted, and paid them money
afterward They say he paid it for their votes. The
defence is that they are not TO be believed upon OATH
but the real question for the jury to determine is
whether the witnesses, matter how Enthusiastically
their general character have told the truth this time
This question Is to be determined by their bearing
and app earance by the antecedent probability or i'm
probability of the story and by the collateral and
Incidental evidence produced. If in view of all the
testimony the Jury have no reasonable doubt that
the acts alleged were committed by the defendant,
their verdict should be guilty. if there is reasona-
BILE doubt he /, entitled to its benefit and to a verdict
of acquittal.
The Jury retired a. noon and after consideration
agreed upon verdict at .. p. m, "Not guilty."
United States vs. John w. LyermOre. Mr.. Liver
more received pension for disabilities received dur
ing the late war. The pension was stopped for some
cause and Livermore petioned for its renewal 1t Is
claimed by tie prosecution that he never received any
disabilities in the war; and that he PICTURED himself
when he swore to that effect. District Attorney
Webb for the government; Hon. T. b. Reed for the