The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-05-28
BY. TELEGRAPH.
MATTERS IN MAINE.
The Buxton Cruelty Case.


Trial of Hugh Smith for mans!auahte
Especial to Press.l
ALFRED, May q. 1875.-At the opening of the
court this morning testimony for the defence
in the case of State VS.. Hugh Smith of West
Buxton for manslaughter was continued. The
first witness called was John Cole who testi-
fed.
Live about Il miles from Smith. Was at
his house several times last winter. Was there
the 9th of February. Saw Albert j. Smith,
Charles Smith, Mrs. Mabry, Mrs Higgins.
Heard Mrs. Smith say, "You are a pack OF
damn FOOLS" Went into the room after others
went out. She had over her. blanket, piece
of quilt, carpeting, canvass. and was on mat
tresS filed with husks. The quilt was toIn
badly, blanket some. She made no company
of being cold. Went there every week durIng
the winter to see Smiths boys. Saw MIS-
Smith in the kitchen once about three weeks
before the 9th of February. Did not see her
more than twice in the kitchen. DID not see
any clothing on her, ~
eight weeks last winter. Mrs. Smith was 10
the kitchen in October. Went away the Sd OF
January. She was there in the kitchen Mrs.
Mabry carried hot bricks into her room at
night. She said she did not want Mrs. Mabry
to go away. Said she was kind to her. Sat at
table when in the kitchen.
Mehitab!e Mabry testfied-N ent to Hugh
Smiths three years ago last September. Chas.
Henry and Mrs. Smith were there. Have been
there ever since. Mrs. Smith was in the ktch-
en-. Did not talk with me. She did not come
out the next morning. She tore up
her clothes and bedding. The room was warmed
by stove when 1 first went there
She upset the stove year ago last fali. one
about the 18th. Had on dress, two skirts
and chemse. Had for coverings, blanket,
carpeting, overcoat and canvas. l. fed ner put
three times day. visited her three or tour
10, iad bricks.
placed them at her feet and around her body.
The north door was banked up and there was
cloth at the bottom. There was crack IN the
window, but no hole at first A piece came out
aerward and rag Was put H. n Inc tb aoOa an WAS
was left open to let heat in. The beddlng
above mentioned was there on the 9Th OF feD !,
and the night before. Never uade complaints
to me of cold. Mr.. Smith never gave her
cross word while I was there. She spoke to him
once in q while when rational. Don't remem-
Der in what manner. She did not want me to
90 away. Sat down by my side and begged
me to stay Said she did not want 70 20 p .aa,
to Augusta. Never had any. knowledge that
she was uncomfortable until the 9th of Feb.
To the Court-Did not notice her feet nor
hips before the 9th of Feb. Saw small sore on
her hin the Sunday before. Called no ones at
tention to it. Did not examine her feet She
once burned her heel, she told me-
Elizabeth Paine testifed.-Live in Standish.
Worked for Hugh Smith ten years. Went
there Is years ago Took care of his family.
Two months after went. there Mrs. Smith
went to Augusta. Remained there three
years-then came back. She was just as crazy
as she could be. He tried to treat her as well
as he could. She DESTROYED everything she
could get her hands on. Tried to throw bed
stead out of the window.
Martina Emery testitied.-I am the daughter
of Hugh and Lucy Smith. Left home three
years ago last September. Did not leave be,
EntI
mother as we'll as he could 1 saw no reason
to complain. Mother made no complaint when
rati onal. She pulled the bedstead round by
night so we could not sleep. She SAID she
liked Mrs Mabry very much. Did not see
mother when went home while Mrs Maory
was there. She was profane and vulgar.
Called me names. l was there Sunday before
the 9th of February. Was there the 10th.
She did not recognize me.
Henrietta Eden, who once boarded az
Smiths house. testified to nothing new.
Charles Henry Smith testifed.-Am son of
Hugh and Lucy A. Smith. Am rs years old
Was at home the 9th of February. Saw
mother in the kitchen the 10th of January.
Did not know what mother bad in her room
until on the 9Th of February, and saw aqnllt,
carpeting, oyercoat and canvas. Noticed bricks
carried out when l happened to be there.
Know the bricks were taken from the store.
Was there most every evening. Don't know
when was in her room. Oh, last time was
in her room was four or five years ago Dld
not wish to see her. Knew that the house was
banked I'D with snow. Noticed a small hole in
the window after the 9th. Saw something
stuffed under the door. Never heard any COM
plant from mother when sane or insane. Never
heard her complain of Mrs. Mabry. Said she
should not leave. Remember when the house
was burned Mother would throw the bed
stead around the room. She kicked the panel
out of the door, tore up her bed and threw 1t
out of the window.
Several other witnesses testified to violent
acts of Mrs. Smith, their Testimony being SINH
lar to that of preceding witnesses.
Hugh Smith, the respondent, testified that
he was married in 1S43 Wife was crazy
few months after marriage. She was taken to
the Insane Hospital by the selectmen, the
town paying the bills. The selectRen told me
that they proposed to bring her home and put
her in the poor house, whereupon took her to
my house She was not crippled PRIOR to the
burning of the house in 1865. The fire caught
in her room She destroyed her clio thing. Was
intending to put stove in the room but was
short of means Did not know she was suffer-
ing as wife made no complaint. Had stove
every winter before. Did not look to see II she
had clothing on or was clean.
Here the testimony was closed.
VIM. j. Copeland, Esq, began his closing
argument about 8. Is p. NJ, and had not con-
cluded when the hour of adjournment arrived.
The defence is that Smith is not guilty of
such gross negligence as to establish legal Gull
pability, but that he did the best his means
would allow.