Ellsworth American., 1877-05-10
Terms of subscription.
Trial of Edward M. Smith,
For the WiIlfnI MIrdcr of
Melissa F. Thayer, of Bucksport,
Al BUCKsPORT.
On the 18th Day Of October. A D 1875.
W etlnc>dav. May ,

The Court was he'd on Wednesday, MAY
;. at Hancock Han, which was flied with
interested spectators. The prisoner was
arraisued at $50 O'Clock, \. NJ
l. A, Emery, Arfy. Geul. and Geo. p
Duuon. County A'ty. appeared for the
State, aud II. d. llad.re,, E>q. tor the
prisoner.
Before the pri> oaer plead TO the indict-
meuj, hi counsel. flied plea In abate-
mcut. on the ground tha, the Grand jury
who found the BIZ were not legally sum
moued, in that the law requires. the
venirc, by which the Jurors are summon
ed shonld be issued iorty days before the
second ManLay n september Annually.
The venires summouius the present
Grand Jury, were issued on the BON day
OF August. To this plea counsel for Gov
erumeut demurred. which Ia~; plea coun-
sci Tor prisoner joiaed.
The Court over-rulcd the plea in abaie-
,meui.
! MIR. Hadlock then offered a special de-
,murrer 10 the indictment in that It con
ltaiued TWO counts, setting forth the same
loGence, and was bad tor duplcity, which
demurrer counsel TOR government joined.
The forenoon was occupied by counsel
lon either side in ar-uing the question rai,-
led by special demurrer pending the deci>-
lion OF which, the Court adjourned.
On the coming IN OF the Court in the al
'ternoon. Counsel for the STATE moved to
enter Nolle Prosequi 10 the second count
in the indictment. which The Court allowed
Notwithstanding the objection OF prisoners
Counsel.
Smith was then arraI.nel on charge
Of wIlful murder OF Melissa 7. Thayer Of
Bucksport at Bucksport on the 18Th day Of
October, \. d. l>7G. to which Indictment
the Respondent pleaded NO, Guilty.
Mr. Hadlock then moved The Court to al
low him ten peremptory challenges accor-
ding 10 law, allowed 10 capita, eases. The
Court denied The motion
Al the suggestion OF the Court,it appear
jng thar Mr., Bcuuet of Verona was an act
ing constable of that town, he Was set
aside.
IAos Bunker wa, also excused from the
panel. a. lac was quite deaf.
The Roll OF Jurors were called and TWEEN
Jy-'hree answered 70 their names.
Ihs CLERK then proceeded TO draw the
names cf The iurors from box containing
the whole number 4 names.
a,r,,t., n. ...,,.y 4 ,-...,,
were those of Richard Bennet and Samuel
L. Haynes Of Bucksport. who were Dis
qualified TO &C, as Jurors by reason Of hay-
iug formed an opinion a to guilt OF pris-
oner. Samuel Smith OF Deer Isle excused
on account OF i'll health Vim. W Brag-
don OF Franklin aud Lorins 5. Reyes Of
Orlaud were both peremptorily challenged
by prisoners counsel.
The following are the names Of the Jury
accepted and sworn:
5. 6 Haskell (Fortman) Deer Isle.
Isaac NJ. Alien. Sedgwick.
VIM NJ Perkens, Penobscot.
Robert Griudle. Surry.
Martin V. Babbidge. swans Isle.
Nathl c. Reynolds. Ellsworth.
Fernando {. Moon. Hancock.
Nsthl Grindie. Brooklu.
.Iohn : Sargent. Mt. Desert.
Robert W. Condor. Brooksville
Jefferson II. Haslem, Waltham.
Geo. \. DeyereuX, Castinc.
Al 3 O'Clock, i. NJ. Geo. z. Dutton.
Co Atty. opened the case for the govern
pient. and lad not finished when the hour
of adjournment arrived.
Thursday. MAY 3.
Upon the coming in or the Court in the
morning. Mr.. Dutton occupied nearly an
hour in concluding his opening argument
FRANKLIN GROSS.
Tie first witness cSlled and sworn, was
Franklin Gross, OF Orland, who is sur
yeyor, and made plan, and measurements
OF distances. The witness described TO
the Jury his plans. and pointed out the
different localities.
The next witness called for the prosecu-
tion, was Ada I. Snow. who testified a.
follows:
ADA I. Snow.