The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-09-21

SEPTEMBER CRIMINAL TERM, 1877, sYMoNps, J
PRESIDING.

SEPTEMBER CRIMINAL TERM, 1877, sYMoNps T.
PRESIDING.
TRURspAY.-State vs.. Charles v. Gray.and Chas
E. Davis.
hThe respondents were indicted for the larceny n.
twenty-five quintals Of partially cured Goldfish and
quantity OF picked haddock the property of Prince
& Smulen, grocers and fish dealers in Harpswe. ON
the night of the 18th of May last. and dorv. tbe
property of Charles Black of the same town.
Gray lives in Bucksport and is the owner and mas
ter of what is known as a''pinkey," schooner o,
about ten tons new measurement named the .tClem
entine." Davis lives at Long Island.
In June last one Samuel Nelder, who SAYS he has
been a railroad sub-contractor of several roads in
this state arrested for the larceny of harness
in Cape Elizabeth. He confessed the crime and
while the spirit OF repentance was upon him. inform
ed the marshal of this larceny of the fish by the
ter and crew of the CIementine the crew consstino
ofDavis and Nelder.
Nelder testified that he shipped with Gray NAV
9th, in Portland to 60 east fishing on shares that
they sailed the 18th of May and went to Harpswe f:
saw these fish on the fakes or curing frames and
conceived the idea of stealing them, but were deter
red by the presence OF vessel then lying at the
wharf; they ran down to Mark Island, and lay
around there until the night off, the 18th, when the
vessel had left, and then ran up to Potts Point.
wharf of Prince & Smullen and took the fish, loaded
their dory and the dory of Black and took them
back to the vessel two miles below; they then went
to New Harbor, and from there to Sandy Point
where they took out their fish and completed the cur
ing of them the steamboat wharf Of the Portland
boat, After the fish were cured they went to Bangor
and sold the fish, then to Long Island, where Davis
and Nelder left Gray and came in boat belonging to
Davis to Portland.
Gray says he started on fishing cruise on the 9Th
of April off Mt. Desert rock and caught during the
month about twenty quintals, which he kenched in
the hold of his vessel, and had them aboard while at
Portland; that he came to Portland to get trunk
be had long been expecting from San Francisco but
which had been missing for some time; that he did
not find it here, but learned it was at Long Island
that he did not ship Nelder as fisherman on shares
but at Nelder's request took him as a passenger to
carry him as far east as he Gray might CO. and that
he did it gratuitously; that on the way back the
wind was very unfavorable and he lay around those
different localities testified by Nelder waiting for
abreeze. He admits being at Prince & smullen's
in Hapswell the day after leaving Portland but de-
MES going back there afterwards.
He admits the curing of the fish at Sandy Point
and the subsequent voyage to Bangor and the sale
the fish; that he then went to Long Island and got
the trunk and left Davis and Nelder there
Two witnesses testified to being aboard CT the
Clementine while she was in Portland and seeing
quite quantity OF kenched fish in the hold.
Witnesses for the Government testified to the
statements of Gray while on his voyage east that he
sold fish In Portland; that he was seen on different
days between the time he left Portland and the day
OF the larceny at different points, and said he was
then bound to Portland.
There was much evidence corroborating the testi-
mony OF Nelder from witnesses who saw the respon-
dents at different points on their voyage east
DAVIS did not take the stand as a witness. He has
served two terms in the States prison.
The case was very ably managed upon both sides.
out notwithstanding the skill and eloquence of the
oeiehdahts counsel the jury rendered verdict Of
guilty.
MI. Hadlock counsel for Gray, then filed a motion
1or new trial, motion in arrest of Judgment and
exceptions.
In the afternoon the following sentences were i'm
posed:
Jumes ID. Flynn, for breaking and entering and
the larceny OF cigars and tobacco was sentenced to
imprisonment in the county jail for two years and
an alternative sentence Of two years and three
months in State prison.
Henry Robinson, alias Henry Williams, indicted as
a common thief, was sentenced to four az years i'm
prisonment in the State prison.
Lendell L. G. Foote was indicted for cheating by
false pretences in September, 1874. Upon represen
tations by himself his counsel and friends that ht
was DESTROYS of reforming and would reform his sen
tence was suspended and the case put upon the spe
cial docket. Since then the respondent has faller
into his old ways, and the case was brought forward
and he was sentenced to two years imprisonment il
the county Jail.
Albert G. Trundy, for the larceny of boat sail
and anchor, from Thomas Jewett, was sentenced t.
eleven months In the county jail.
John x. knights, for common seller, was fined
one hundred dollars and COSTS
oonn McGlinchey paid a fine of fifty dollars anG
ses on an appeal from a search and seizure process
from the Municipal Court.