The Portland daily press., 1874-01-23
Superior Court.

anu ocotUy vert Drought IN ana placeu IN the dock
upon one side, while Mrs. Stafford and Brown occu-
Ply the one upon the other side of the Court room.
The indictment contains six counts, and charges
Brown with with setting fire to the dwelling house Of
one Eliza A. Philbrook the 18th Of November 1873
and that Mary Jane Stafford was an accessory by
hiring Brown to commit the crime. KleNf
The other counts substantially the same as the
first except that the title to the dwelling house is
legged to be in different persons and in some of the
counts 1t was unoccupied
Nathsn Webb and NJ P. Frank appeared for Mrs.
Stafford and Howard q Cleaves for Brown
Before impanpelling the jury, Mr.. Webb made
motion that the respondents have a separate trial
but the court overruled the motion. $3.50.
The jury were then impannelled as follows:
Eben RUSSELL foreman Thomas j. Greeley. Thos
X. Lane, VIM. Hobbs, j. A. Trumbull, Benjamin
Sawyer, Hiram Totman, Coan Jordan, ,oGn IT,
Waite.
Abbott and Simonton of Portland and Hamilton Of
Chebeagne Island were challenged by the defendants
counsel.
County Attorney Libby then opened the case for
the government stating the facts he expected to prove
which substantially appeared in the papers at
the time
The first witness called was George F. Hayes, en-
gineer of steamer No. who testified to the burning
of the building. ea--t. lstl
James Fl. Brannigan, called by the State, testified:
was born in Portland, and always lived here;
have known Mrs. Stafford good while and Brown
about five or six years; at the time this fire took
place was occupying shop of Mrs. Statford's; on
the morning the fire took place in bed: Antho-
ny Brown slept with me that night; Brown got up in
the morning about o'clock and went out, and after
being gone about half an hour came back and lifted
the curtain to the window and said, "Look out and
see the old thing go looked out of the window and
saw the fire coming out through the windows; Brown
then went out again and went after him; met
him coming back, and he said he had been up to
strike the alarm and broke the key; had sore foot
and could not wslk very well; the next morning
heard Brown tell Tom Pike and "Scotty" that he did
it and was to receive fifty dollars for it. and he gave
'Scotty" the key to the house; the Friday morning
before this, Mrs. Stafford came to me and said Mrs
Philbrook had tried to sell her house and couldn't
get enough for it, and she would give me S25 if
i would burn it, ! told her wouldn't do it; went
to Mrs. Staord's that night to get little stove and
while there Mrs. Philbrook came to the door and
asked if Mrs. Stafford was in 1 said yes and she
asked me if 1 wouldn't hand her key to Mrs. Stat
ford took it and gave it to Mrs. Sand she put it in
her bosom that night Mrs. Stafford came to me and
wanted me to 60 and bring down ladder from Mrs.
Philbrook's house; went with her and she showed
under the front stairs lot of excelsior that came
out of BEDS and where the fire was to be set she told
not to be scared, but touch it off the first win
dy night; that was before Mrs. Philbrook left; the
next morning Mrs. S. handed me the key, and told
me to see if could get anybody to do it, took the
key and threw it into the bureau drawer the next
day Brown came and asked me if he couldn't stay
with me; 1 then told him about this and that
should not do it; he said he wotld do the job if he
.n,l1 rvnk aho
wouldn't; the next Monday he got the key from me,
and when went up to get the stove saw him and
Mrs. Stafford talking togethe; Brown slept with me
the night of the fire. and got up in the morning as
have stated; the next day Brown told me and Pike
and "Scotty that be did it, and was to get $50 for
it, believe he said he lit it under the stars and that
he took some Of the excelsior and strewed it around
the floor and put some kerosene on 1t; About week
after the fire "Scotty,' Pike, and Brown and went
up to my shop, and they told Brown he had better
get his money for doing it; We sat down there and
Brown went and got Mrs Stafford down there and
told her she promised to give him $50 for burning the
Philbrook house, and he wanted the money; 1 told
Mrs. Stafford before them that knew all about it,
she wanted me to do it in the first place; Pike and
Scotty' eaid Brown had told them all about it, and
then she said she would have all arrested she
sent boy for policeman, and after awhile one came:
tutu Sno uiul sue uluu WdnC HIN JUST Unen DuJ
would see him by and by; then she ordered us to
pack up and leave the shops packed things in
to old chest of Browns and then she told us we
needn't leave, that she quick tempered, and not
to mind Brown said he wouldn't stay; afterwards
she sent for Brown, and he and went up there and
she told Brown not to mind, that she quick tenn
pered and to move back and we could stay there;
that night we were arrested and locked up; 1 have
had no chance to talk with Mrs. Stafford since.
Cross examined by Mr.. Cleaves. My business is
tteamster; never was connected with Pike in bust
ness; tended bar for Nelse Leighton or Scotty
have been Pixies and Leghtons nights. but not Of
ten in the day time went to bed the night of the fire
about ten O'clock Brown came after in bed and
let him in; don't recoect of being in the Phil
brook house but twice-once about month before
the fire to get glass of beer and the other the Fri
day night before the fire; the day before the fire
had drank whiskey three or four times through the
day in my own shop didn't drink any gin never
drink gin; in my shop kept saraaparrilla pop beer
and the like of that when Brown went out the first
time, in the morning, think he was gone about ten
minutes or so; then he came back and told me to
look out and see the old thing go; Pike and Scotty
and never had talk about getting Brown of to
New York never made him any proposition to CO.;
/ never had any talk with Brown in the Municipal
Court; told him what he had better do; didn't
tell him what was going to do; never told him
going to deny that knew nothing about the fire
didn't tell him was drunk and didn't know what
told the police officers; didn't tell anybody in
30; might have said, when anybody asked me, that
knew nothing about it, for didn't think it was any
of their business.
At this point Court adjourned until O'Clock in the
afternoon.
AFTERNOON.
ofI
ed by Mr.. Webb
would not do it, because thought if she ever wanted
to turn oft of the shop could give it to the Off
and blow her: the officers have told me that If
would tell the truth of the affair would get clear
oft testifying under expectation of getting
clear Of it; before Brown got Mrs. Stafford to come
down to give him the fift dollars knew Pike and
Scotty were coming in; when they came in Brown
said he would make her fork 5000, and give us
nifty apiece; heard Pike and Scotty say something
about it when she came in Brown asked her to give
him that fifty dollars; she asked him what he meant;
he said that fifty you promised to give for burn
ing the Pmibrook house; Scotty and Pike told her
they knew all about it; they didn't have chance to
say much more for the old woman was bowling round
there; size said she would have the whole of us ar
rested.
Joseph ii. FnllDrOOk cailed Oy the State This
house was on leased land; my wife ard lived in it
1t was bought of Mr. Sabine; it was bought with
nv and nv wifes money; the bill of sale was in the
name of Mrs Florence Walton; we left this house on
Friday evening before the fire on Tuesday; on the
day we left for Rockland the house was advertised
for sale, but Mr.. Proctor, the man that owned TIL
land told the people that there back rent to pay
and stopped the sae pretty after the folks lef
Mrs. Stafford came over and sat down a few minute
and said it was too bad we could not sell the house
then she took my wife up stairs, and after being NJ
there twenty or twenty-five minutes they called me
Mrs. Stafford said she knew of young man by tn
name of Brannigan that would burn the house for
$50; asked her where he lived she said he was In
one of her buildings; that he poor fellow and
had lame leg and would do most anything TO,
money; she said he particular friend of her,
and "Jimmy''-that's her husband; told her ney
or should consent to any such thing; if she did
she would do it on her responsibility she said
we burned the house could get the insurance. ant
as we were going away it would make it all the bet
ter; that night friday Mrs Stafford came over witt
Brannigan and went up stairs and then came down
and went out; Mrs Stafford wanted us to burn tn
building SO we could get money to buy one OF he
houses; we took about two-thirds of the furntur
=. I'LL N..aA