Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-11-20
nj Wahesa IyOnse.

|
ously, wilfuly and maliciously setting fire to the
stable adjoining the dive ling house of Mr.. Jane,
N Wade, on Sewal street extension, which wa.
burnt on the 2ith day of August last The com
| plant was made by Mr. Wade. and the prem
nary examination was held yesterday forenoon IN
the Municipal court. Loring FAR Esq appeared
for the government, and J. II. Potter. Esq, for
| the defence. The prisoners were arraigned, and
| plead not guilty to the charge.
| Mr. Farr understood would be able to prove
| that the buildings were burned and that they
| could not have been burned by accident, and tina
! this act must have been done bv some one. These
| parties were there. and by their actions and con.
versat on, established high probability that they
were guilty.
The witnesses for the prosecution were then
svors aud proceeded TO testify.
Mrs. Henry 5reen testified that on the dav of
the fire she went out TO wash the piazza, and saw
the smoke and flames at the stable. She gave the
| alarm. Saw smoke in middle of stable. Did not
see the prisoners at the fire, though saw many
others.
Cross examined. Went over in ten minutes
after giving the alarm
Miss Lucy Harris Didn't 90 to the Ere. but
heard the alarm given bv Ms. Bteen. Saw the
flames bursting out of the stable. Did not see
Whittier or his wife there. Saw man on the
house, putting something into a valise or trunk,
which he had didn't know who the man was.
Didn't sec him get down. Wasn't near enough
to tell who the man When she first looked
out thought the ell was on fire too
Gross erdmiped-Ours is third house from Mr..
Wade's. Didn't know whether the man had a
trunk or vnlise Thought bv the looks that it
opened, and something tumbled ont, and he was
trying TO put it back.
Gen. b. F. Harris Was in his stable st the
time the alarm was given he ran over, and the
whole inside Of the barn was illuminated with
fire, and it began to burst ont. Could not tell in
what portion Of the barn the fire caught. He and
son were the first that arrived at fire; saw no one
when we started. Saw no one around the house.
Saw Mrs Whit er during the fire, greatly ex-
cited, and was 10 the crowd, hering save things.
In the morning saw these parties 10 the wood
she'd, standing together. After everything had
been saved these parties had trunk that had
been saved which was opened and they appeared
to be glad that it had been.
James n. Wade: On the steamboat wharf
when he be ard the ALARM and started for home.
Came home and found the barn mostly gone. aud
the ell and the main part of the house were burn
ing. Saw these respondents there. Had some
conversation. Mr. Whittier said that he was in
the ell splitting wood, and heard Charlie (Wsdes
grspdson,l up stairs washing peas, and told him
to stop. Soon heard the flames. He then de-
MED telling that about the boy. Whittier bad
been there with his wife some six weeks. 10 the
morning Mrs. Whittier made some violent talk at
the breakfast table. Never had any trouble with
the parties. We bad previously told them that
we shouldn't require their services longer. Had
q cook stove in the ell, where there was fire to
get dinner with. Saw the trunk If these par
ties. and them with it. 1t was in front of the
house.
Cross .eramined-Dont know as there was any
FIRE in the main part of the house that day. They
got q chance at the Central House through the
recommen dstion of wife and self. Had CONVEX
sa,ion last week with Whittier about his bows
jeweIry. Told hi;n be didn't think he had stolen
the jewelry, but that he had overhauled the
trunk. Gr'ndson FIVE years old; was there the
day of the fire.
George f. Minot: Was present at the FIRE;
when got there the barn was all absze. Went
into the ell, into little bed room, csnght up the
bed clothes and carried them out. Logged some
dishes from the buttery: Then went into the
main house. Saw Mr.. Whittier and his wife
when the fire was burning. Heard some one ask
Whittier a. to the origin of the fire, and he said
the little boy must have done it, as he was in the
habit of hav ing matches round.
Mrs A. b. Ripley: Lives in the neigbborhood.
Saw a woman who came out of the ell, who said
in reply to a question, that little Charlie Wade
had Just ran in and told his mother that he had
set the hay afre with matches.
Henry Breen testified to seeing Whittier on tina
roof of the house with a trunk. which he sup
posed had been taken out OF the window. 1t was
a black trunk.
John Wade testified to seeing the parties en-
gagged in saving their thng..
Addie Wade saw Mrs. Whittier carrying out
nef tfuDk. ~ tDt time OF the DTe. look II from
the chamber.
Charlie Wade, little boy five wears old, said
he had been out in the barn in the forenoon, but
had no matches about him.
j. II. Potter, Esq, for the defence. al this point
SAID he had had experience in many criminal
cases, hut had never known q case before exactly
like this, where there not the least particle Of
ev idence against the accused. Ii was an outra-
geous, i'll gotten and low-lived act of this man
Wade, and he made the request, with all rcerity
r Of
there was no necessity of putting in evidence for
the defence. The government has failed to make
out any case whatever.
Loring Farr, Esq, for the government. claimed
that the government had shown that tn building
was fired, and that there probable cause for
holding these parties as the criminals.
The Judge decided that the defence should be
produced.
Benz. Whittier testified that he came here from
Massachusetts the 4th day of May. bis wife com
ing with him. Went TO work for T. o. Pease.
from thence to Mr.. Hollis; was with Mr.. Wade
six weeks. and wife worked there until she
taken sick. Was there when the fire occurred;
was at work in the ell part cutting wood, wife
taking up the dinner at the same time. Usually
had been in the barn to water the horses;
when discovered the fire gave the alarm, and ran
and smut the Fl ont door Wife brought down her
trunk; ran up INTO Johnny's room; knew he had
some nice books and new suit of clothes.
Grabbed the trunk and threw it out to the roof,
struck the roof the trnnk partially opened Asked
Young Mr.. Holt. who was among the first to ar
rive, to assist him of the roof, which he did.
Saw Charlie come running in from the barn sbont
noon. Was on the best of terms with the family.
Had talked with Henry Breen about the origin of
the fire. saying that the little how wrs in the hab-
it Of carving matches around with him.
Cross. eramined-Went to work at Mr.. Wade's
the same time his wife did.
Mrs. Whittier testified to substantially the same
matters narrated by her husband
Valentine Holt gave an account of helping
Whittier from the roof ofthe house.
Mr. Potter submitted the to his Honor
without any argument and Mr.. Farr did the
same.
This closed the case, and Judge True promptly
ordered the discharge of Mr.. and Mrs. Whit Ter.
This was certainly one sid case, for the rea-
son that Mr.. Wade had no case. There was not
a scinta Of evidence against the accused. 1t is
rather hard that innocent parties on a trumped-up
charge, that can find no existence in a healthy
mind, should be thus subject to the disgrace of
arrest, i'm p,isonment and trial.
Supreme Judicial Court -Lfbbey, j. Pre-
siding.
TUESDAY, Novembt 18th.
Clarissa b. Abbot VS.. Lauretta Clark. This
case was finished aud given to the jury by
that Iat,r