The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-04-30
BY TELEGRAPH.
THE PENNELL CASE.
Third Day of the Auburn Trial.
DEFENSE CONCLUDED AND PROSE
CUTION RESUMED.
Especial Dispatch to the Press. !

CUTION RESUMED.
Especial Dispatch to the Press.l
AUBURN, April 29.-The trial of the PEN
nell case was resumed this morning. As the
trial proceeds the interest increases as is shown
by the large number of spectators IN the court
room to-day. The prospect is that the evil
dence will be all in to-day, perhaps by noon.
Mrs. Pennell, wife of the defendant, was one
of the witnesses to-day. She is an invalid and
faintness compelled her to retire fro the
room frequently. She appears to take deep
interest in the proceedings. The case is being
conducted very ably by the counsel on both
sides. Mr.. Libby's cross examinations are
very thorough and searching.
DR.. Rings Deposition.
The stenographer read the deposition of DR..
G. A. Ring, to the jury, viz:
Have been seven years in practice in Port
land. Have been city physician two years.
My practice has been general for young man.
Was called to attend Mr.. Pennell on the night
OF Dec. 3Oth. Found him at the county
treasurer's office in chair near the door.
Found bruises on his forehead and three dis
tinct puffs; the mark of blow on the left side
OF the ear; cut near the right eye; bruises on
the right nostril, which was smaller, so that
he could not breathe. While there he had a
choking sensation about the throat; was pale,
cold, and tried to recollect Vomit was on his
beard. He was shaking and trembling as if
cold. had hin, removed to the mayors office;
was carried there in chair; he couldn't walk
Went home in hack with him, put him in
bed, wrapped blankets around him, and Or
dered him to be kept perfectly quiet. Gave
him bromide OF potasSa. Tried to re-establish
circulation; pulse feeble and was suffering
from nervous shock. When I first saw Mr..
Pennell his mind was confused. Made futher
and fuller examination of Pennell after he
was in bed. Found the impress of some ones
fingers on his throat. On the lower border OF
the ribs wasa red mark about one-half the size
of the hand. Examined the wounds upon his
head more closely. They differed in no way
from which have stated before The swelling
on the side of his head was in the hair, about
three inches above the left ear Don't remem-
Der the length. He made complaint of sore
ness OF throat but not any difficulty about
swallowing. have memorandum of the in
luries of Mr.. Pennell upon the evening of
Dec. Both. 1 refreshed my recollection from
this memorandum before giving this testimony
believed him to have a conclusion of the
brain, and to have had shock from the blow
of some person.
The read of the memorandum was objected
to, and the court sustained the objection.
L found Pennell improved the next day
some; pulse was slow; was feverish and general.
ly weak the second day; nothing unfavorable
after that; visited him on Jan. I'd. Noticed
the tremor was like man suffering from ague
Don't remember that there was any nausea OF
vomiting of the patient.
CROSS EXAMINED.
1 had been practitioner since 1872: never
had another case of this kind previous This
Had made notes of my opinion on such cases
1t is unusual in practice to find intermittent
pulse; many actions of the heart produce this
The fact isn't rare, but uncommon. Don't
know that the spots on the neck were finger
marks, simply an opinion. Don't remember
OF seeing them next day. heard Mr.. Pennell,
with others, telling his story, very soon after
the affair. The question of the genuineness of
the injuries was not considered at all by me,
Can't describe the tremor, except that it was
shaking and trembling of the whole body,
the limbs especially. Was not the family ply
stefan of Mr.. Pennell.
REDIRECT.
Commissions might have been caused by a
sand bag or slung shot. [Obiected to-.
Mrs. Thomas Pennell
called by the defence, testified: In Dec. 30,
1874, myself, three children and ward, aged
AL, and IA years respectively, were living at
81 Smith street, Portland; occupied the lower
part OF the house. Subsequent to marriage re-
sided in Harpswell. Moved to Portland in
Sept, 1869. My husband was engaged in
farming at Harpswell. He had no business
outside of his Office, except seeing to his farm,
house and teaching school; kept boarders.
We got all our vegetables, &C., from the farm.
My husbands salary was $1,000. Children
went to school all the time until we left the
city. did my own homework most of the
time. Have been an invalid during the past
four or five years. l remember the day of
Dec. Both. 1t was cold and windy. No snow
was on the ground. Mr. Pennell and all OF
0I1r n yIxyvr 49, 49,.
husband leaving for the Office. He told me to
send his two bows down after him that night
offered to go also for the purpose of picking
up his papers and books. No one went ac-
cording to arrangement because of the wind
First learned of Mr.. Pennell's injuries when
he was brought to the house between and s
o'clock. He looked pale. Sheriff Pennell
says, ''Your husband has been knocked down
and robbed" He was placed upon the sofa in
the parlor. Afterwards he was put upon the
bed in the bed room. Hot fiannels and hot
looked wild with excitement. Saw the places
on forehead, eye, nose and top of his head
The latter was pulled up and felt soft. 1 ex-
amined his side and throat; found red marks
on his throat. 1t was swollen and he couldn't
swallow. Found mark on the abdomen
under the hips. Did not find any other inju-
ries. sat up with him all night. He was
very restless and sort of trembling through
the night He remained in bed two days and
two nights. He had been subject to asthma.
He choked up Friday night and we had to
take him up and place him upon the lounge.
The fifth day he rode out with me to Mr.. Fes-
senden's to draw and pay out some money to
the county. Jan 9Th, we again rode out and
he turned over money, books and papers to
his successor in office. He did not get out as
usual until February. The places on his face
after awhile turned sort of green. He could
breathe through the injured side, and
now. The last of January we went up the
treasurer's office to get some books. Mr.. Nc
Lellan and Mr.. Harding were present in the
office and remained all the time we were
Don Quixote, Nsop's Fables, Portrait Gal
leries OF eminent men, and also his private
papers. Can't remember of anything else be-
ing taken away at that time. During Mr..
PennelPs term of office, 1 was president of
the Ladies Circle. Was not acquainted with
Geo. A. Thomas.
CROSS EXAMINED.
gathered up the books and papers; boys
carried them home. While was arranging
the papers, don't know what the others were
doing or what they might have carried away.
Didn't especially take an inventory of books
taken away. Don't know as have ever had
occasion to think over or reveal these details
Have talked the matter over with my husband,
There were no other books taken away at that
time. l think Mr. Pennell took away his
private account books, but don't know. Don't
know whether he took out any books from the
office previous or subsequent to that time. 1
am not sure he did not go out from the house
in January without I accompanied him. I
was not present at the settlement with the
County Commissioners, January 21st. My
husband never was confined to the house but
once since ever knew him. He had no other
trouble to MY knowledge except the asthma
Jabez G. Woodman,
r. Portland, sworn and testified: I had busi-
ness with Mr.. Pennell on the forenoon of Dec.
30th; went to his Office between and4 O'clock:
gave him two notices of foreclosure; returned
to his office about 5.45 p. M. Mr.. Pennell was
present; remained two or three minutes: went
from there to the sheriff's office, then to NV
house, 20 Oxford street; told PennelI had
not signed the foreclosure and suggested in
reference to fixing dates to correspond with
publication of the paper.
CROSS EXAMINED
The cross examination revealed no.bino
new in reference to the case.
Sheriff Pennell
testified: Am remote relative of defendant: T
saw him the night of the robbery at his house;
assisted about getting him to bed; he was in
distress and suffering; his face was pale and
he was complaining considerably; saw bruises
upon his head, but don't think / saw bruises
on his throat or side; I arranged with Mr.. Pen
nell in reference to offering a reward for the