Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-02-13

Yesterday morning, John Benson Jr.
tie fasinn Derstv Secretary If State. a
member of Gov smiths staff. was Z.
raignea before Judge True. c,srged wit
the crime Of larceny Of the manuscript tabu
larions of the legislative returns from E c
Moody. January 20. lsso. The complain
also contained a eoun. for melting. Sc, som,
person or persons unknown. 70 commit sal,
crime. Herbert NJ Heath. County Attorney
appeared for the State and Don A. HI. Pow
ers of Newport, for tie respondent. The
testimony was as follows:
+. c. Moody: Was a member Of the EN-
ecutive Council last year, and chairman o.
Committee on Elections. January % came
| 10 Augusta and took room at the .iugusta
House. In the evening | showed the tabula.
| tions TO Fraak +. Sye aud To John Benson
Jr-, AMI 10 no other persons. Late in the
evening ] left my room. leaving the tahnla-
tons in my valise. When returned shortly
after they were gone. went 10 +. \ Saw
yer'S room and asked Benson If he had taken
them. He deHiet. it. |. at som. time after
wards, asked Benson ii he had given any in
formation upon which they were taken.
That, Inc said, he would neither denv nor
affirm.
CroSs-erGmtRed-Brow and the other
councillors knew had these tabulations.
told Benson that he and Nye were the only per-
sons that knew had them here. When Benson
denied taking them il was in Sawyers room.
He was pretty sleepy. Don't think he said
he would give them To Mr.. Shaw if he could
find them. They were valuable to me US Il
relic. Commenced 10 be valuable to me as Il
relic as soon As they were begun. did not
take them ont of waste basket in the pres
ence of Councillors Chase and Brown. Brown
suggested to me that | had better burn them.
and SAID no" preserved them because
| was chairman of Committee on Elections.
| do not know distinctly who took them from
my valise. Did not agree to meet Nve
again. Nye was there IL or 20 minutes.
Benson came in same night Not word,
sir, between Nye and myself for sale of those
tabulaiions. Never brough, them to Augusta
before since took them away After taking
them away, always kept them in my valise a,
home and never showed them 10 any one
They were never taken out. Benson and
Nye the only parties that had ever seen them
during that time. No certified copy of them
in existence. They were the basis of copy
and of the reports of the Committee on Flee
tons. The fluctuations were made up mostly
bv other members of the committee Mr.
tions, Shat they were a transcript OF the re-
turns, tabulated. and opposite each were re-
marks. written by various members of the
Council, showing the defects in each return.
and that they showed in detail how the final
report of the Council was arrived NJ. Being
in the nature of memorandum. we consid-
cred them private property.
Frank +. I'VE, testitied-E. G.. Moody
came here January 10Th | saw him at his
room about =. NJ. | saw the manuscript
tabula.ions spoken of. Benson knocked at
the door while was there. subsequently
met Benson, and told him | wanted those
documents. He denied taking them. | said
they were taken on information he had given.
That, he said. he would neither deny nor al
firm. He said he knew when he had done
wrong. After some talk, he said if they
were trying to bulldozc him they woudn',
get the papers. Met him again last Thurs
day. Had warrant for him. lie said he
had left the matter in the hands of Elisha
Shaw. That il they would give up some of
his and his fathers letters to Governor
Garcelon, he would agree to have
the papers back Friday night Shaw and
went to see him. lie give us TO understand
that he knew where they were and that he
would give them up as he had agreed Al
ways denied TO me that he taken them. lie
went to Bangor that night, | believe. We
had about the same kin5 Of talk AT Ronyor
r,oss.cramiusd-I sent for Moody In no.
gard to some papers at the State House, No
conversation with him In relation to the yaluc
of these pauers. I am looking after these
papers because they expose certain deviltrv
that the public is interested in
Elisha shaw. Newnor,-Hensou told me
that if ] would get certain letters Of his and
A., So. y. S''. or w,
that If Mr. Vxc as m Renson,s argnmept
Cross EI0mination-He said he would
get them, not that he would get them If he
s ':m,. ~, " up oo''n w. VI VIZ
the pnbj;co,ion of the ,etters
The government rested here.
In the afternoon, MIR. Powers reviewed the
so',' ,'ient 'es'i''ot. ,''i'icu ,"e eoNe,n-
and moved for his d;scbarg.
Mr. UeatJ, ronl;ed that Tho ma,,.r M, bei,r
w;,b;r IN. ;ur;sd;c,;or nf tho r,a,;s,ro,o 20
;mnose sentence il was s;mnIy incumbent on
,ha STATE to show nroh.b,e cause Will tho
evidence MIGHT noss;hly h. ;ns,,to;on. 20
convict probablc c,usc HAVING hoep shown
the defendant sbould he bound over. II was
not necessary for the Government IN nrove
tho whole of its case haforo tho mags;strato
OnIv 81 r,nch should no rovaaIad 70 sa,;sf,-
,ho ,our, nf Tho olanon, &c nrrJIahio oa,.o