The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-05-27
Try TELEGRAPH.
MATTERS IN MAINE.
The Buxton Cruelty Case.
Trial of Hugh Smith for vi anslausht er.
ISpeeial to Pressl

Trial of Hugh Smith for Manslaus Inter.
Especial to Press.l
ALFRED, May 26.-The trial of Hugh Smith
of West Buxton for manslaughter was taken
up in the Supreme Court yesterday, Judge
Libbey presiding. Last winter and subse
ouently, the readers of the PRESS will remem-
her that the charge of cruelty was made against
Hugh Smith of West Buxton for neglecting to
care for his insane wife, so that, in conse=
guence of his neglect, she was badly frost Bit
ten and was kept in a room without lire or
ordinary bedding. The woman, it will be re-
membered, has since died. The matter was
subsequently brought before the Grand jury
nd Smith was indicted for manslaughter
The fore noon of yesterday was spent IN I'M
panellng jury. Two Buxton men were chal-
lenge5, ard eight jurors were rejected because
of opinion formed. The panel is made up as
follows: Aug Il. Adams, Kittery, foreman;
Gilbert Ell. Clark, Wells; John Meserve, Ken
nebunk; Joseph Evans, Lyman; Moses San
lev. Alfred Alexander Thompson, York; John
II. NOVEL;, North Berwick; James F. Reed,
Acton; George f. Booihby, Saco; Enos Harris,
Sanford; William Hart, Berwick; William f.
Scammon, Saco.
In the afternoon, before any formal opening
of the case, the jury, in charge of Sheriff Tar
box, and accompanied by his honor Judge Lib
hey, County Attorney Lunt, and E. B. Smith,
Esq, and William j. Copeland, Esq, counsel
for defence, went to Buxton and viewed the
premises of Smith, returning in the evening.
This morning the case was clearly and con-
ri.ely opened Ly Wilbur F. Lunt, Esq, County
Attorney, after which the witnesses were
sworn. The following is an abstract of the tes-
1imony the first day:
Asa Berry testified: Reside in Standish.
Have known Hugh Smith 40 or 90 years.
Knew Lucy Smith, wife of the defendant. L
married them 10 Nov, 1S47. She lived with
him after that until death, except short inter-
val, at Augusta. Gross examinationlm
Joel NJ Marshall, Esq testified: Reside 10
Buxton. Have known Smith since 1864. Did
not know Lucy A, his wife, Have seen her
once She was a cripple-her limbs drawn up
towards her chin. She died the 9th OF May,
1876 Saw her after the extremely cold wealth
ar 10 January and February-18o below the
9th Of January, and about the same to the
3lst.
Cross-examined-It was unusually cold L
was counsel for the government in the pIelim-
mary proceedings and made the complaint.
Deed of Hugh Smiths premises was put in,
dated April 9, 1858.
William 2. Townsend testified: Reside at
West Buxton. Know Hugh Smith. He resd-
ed near Bog Mills. know Lucy A, his wife.
He has barn and Woodshed connected with
MS house. He drove team to Portland last
winter, had team of four horses. Was at his
premises the Goth of last January Went into
The woodshed with his sol Charles Looked
into loom adjoining shed. Saw his wife.
Heard her groaning and shivering with cold.
Saw ice on the chimney formed by her breath.
Very cold Was there again 9th Of February.
Went alone. Was in the kitchen. Smith was
not there Saw Mrs. Smith, Shelay IN cor
her of room. Other members OF the family had
Ieen there that day-on 18th of January. All
] could see in room was canvas aud straw; not
very cleanly; plastering knocked off between
shed and her room; five doors in room, one on
North side. put rags in this door myself the
9Th Of February. Think the building was not
finished outside, only few clapboards near
caves Never had any conversation with her
husband
Lot see any bed nor stove.
Gross examned-Was there on the forenoon
of January GOTH Did not 90 Ia that day.
Looked in; saw husks, some straw and some
rags-in all some or bushels of filthy rags,
&c. | stood in the trout door on 9th Of Feby.
lioticed plastering off on that day. Mr.. Oliver
Parker was there. Don't think l was in house
ON that day. Was there 10th of Feb. Have
been there since, Stopped there with his son
Albert one night THINK about 18th. Hugh
came home in the night. Was there when he
was arrested before Mrs. s. died; Got there at
!. O'clock in morning Sheriff Tarbox and an
other man were with me. Staid until morning
20 see that Smith did not leave home. He was
SICK Had been sick abont six weeks.
Re direct-Woodshed door was not locked
Jan. 18th 1t was a latch.
Frank Ell. Dunn, Buxton, testified: Live
about of mile from Hugh Smith. Have
Known him and his wife all my life. Saw her
9th of Feb. VIM. p Townsend showed me
jnio the room. Heard noise from her as L
-. no N ba ~
The chimney Saw canvas, straw, husks, but
no bed. Saw ice on chimney near her head.
No stove nor heating apparatus, glass broken,
Found her under the canvas; plastering Off,
enough to cause draft of air. An open space at
lhe bottom of the door, The back side of her
room was not clapboardSd. Would not be pos
tive it is underpinned. If clapboarded now, it
has been lately. Was not in her room after
Tier death. Mr.. Nathaniel Tarker went ihto
loom with me. She asked What makes it SO
aold?' Room was very cold The canvas was
The same as Smith used to cover his loads with.
Daniel Townsend, one of the Selectnen OF BuX-
ION, went with me and pulled canvas OH her
Gown ID little below her shoulders Saw no
clothing on her. / let him have stoyeSto put
toto room. Afterwards was in!the room; there
was bed ia then. Mrs. Smith was on the
led. The room was comfortable. Have had
conversation with Hugh Smith since 9th Feb.
lie asked me if had had a crazy wife 20 years
what should have done. He said the cohdl-
lion of the room was as bad as had Teen report
q d by us who found her there. Said he did not
Iutal to freeze her. Did not suppose she was
freezing He seemed to- have some feeling
sbout it. On the cross examination-Smith told
witness he was sorry that his wife was frozen:
Daniel Townsend, one of the selectmen of
Buxton and Chas. 7. Higgins testified essen
Italy as above.
Harriet A, Smith testified: Reside in Buxton
Have known Hugh Smith II years. Knew his
wife. Saw her frequently in the kitchen.
Don't think she was doing anything, She
knew me, spoke to me, talked with me.
Seemed to be quiet. Saw her the 9Th OF Feb
1uary. She was in the ell part lower room,
lot the kitchen. Saw her near the chimney.
Saw nothing but rags, husks and like. Was
covered with canvas saw nothing else When
/ went in spoke and said, "ls that you Lucy
Ann" She said, "Yes" and looked up and
sad, Show do do, how's your tolks?' Said
she wanted to get up She was naked. She
ask. tor clothing Mrs. Mabry, Hugh Smiths
1ousekeeper get a chemlse aud put 1t on her
Gould not walk that day. Her limbs were
very much drawn 20 her. Her knees very near
1er chest Her feet near her body, swollen
Don't think she could get her limbs out of that
rosition Feet looked dark. Looked at her
flips, Seemed purple with cold, Don't think
1hey were swollen. Did not See any sores.
witness describes condt on of room very
much much as other Witnesses She said she
was ashamed of having no clothing on. Had
conversation with her husband. He SAID ne
was sorry Did not mean for her to be cold.
Never saw her sleep in that room. He said
she slept there all the time.
Cross examination: Am wife of Hugh
Smiths brother. Admits that she was not on
good terms with Hugh's amily part of the
lime. Might have had feelings against res
Dondent, but not much. No one was present
when had talk with defendants wife Februa.
ry9. ,.,
Grace Redlon testified that she lived near
Hugh Smiths. Known family nine years
Saw Mrs. Smith 10 kitchen last fall doing
uothing and once before sewing. She had no
clothes on Feb. 8. Her feet were swollen and
1oes matterated She was drawn up, knees
near her to0ach. Room cluttered up.
Barbara Dunn testified to same facts as pre-
vious witness; also that Smith objected to her
going into the room where his wife was a few
weeks before she died.
Eliza II. Rounds testified generally as other
witnesses. Saw Mrs Smith when she was
confined to her house, which was burned three
wears since. She was not Violent hut jabbered
and sung
Oliver Parker testified that lie was employed
TO make the room comfortable and clean G up.
The husks were frozen to floor She used pro-
fame and obscene language.
VIM. Rounds testified that Smith objected to
having bedstead put in the room because she
woul1 stave it up. He partitioned the stove
from the room. He also testified to profane
and lewd talk.