Daily Kennebec journal., 1882-09-01

1
charging them with being concerned in tn,
liquor riot of Saturday night Joshua Nv,
madaged the case for the government. L
Z. Cornish. Esq.. appeared for Mr.. Marston
and }. H. Greeley. Esq, of China, for Still
key. Mr. Nye stated that he proceeded agains
the respondents under chap. l23, sect 2 o.
the Revised Statutes. which is as follows:
II three or more persons assemble in a
| violent or tuEultuou. manner to do an un.
lawful act, or. being together, make any
attempt or motion toward doing a lawful OF
unlawful act in violent, unlawful OF
tumnitous manner. to lie terror and dis
turbance of others, they shall be deemed OF
an unlawful assembly; if they commit such
acts Ia ih. manner and with the elect afore-
said, they shall be deemed guilty of rior.
and punished, in either case, by imprison.
| ment less than one year. and by fine moi
| exceeding $500: and in case of riot. each
offender shall also suffer such punishment as
he would be liable to if he had committed
such act alone.
Deputy Sheriff John NJ. Jewell was the
first witness called by government, and gave
an account of the trouble arising from the
attempt to seize 46 cases of beer in the store
house of Hoyfs Express Co, substantially
| as reported in the Journal of Monday.
James n. Wade, the truckman employed
by Mr.. Nye to convey the first load of beer
to the jail, testified that he drove to the
wharf little past eight o'clock. where he
found assembled quite a crowd of people
Twenty-six cases were loaded on his team
he himself taking no part in the operation
The crowd tried to persuade and compel him
to desist from attempting to remove the beer
He was called id fool and informed that he
''would get little work after this and that he
was at work for ''the d-dest cuss on the river
Charles Marston seemed to be the leading
spirit among the rioters. He saw Geo. Britt
pick up little stone and throw at his horse.
and then reach for another. Witness told
Britt to drop it. or he would have him in Jail
again. Started for the Jail with load, acting
under Mr.. JEWELS authority. Before got
up the hill to the street, part of my
load was pulled off, and the balance
was hit under the right eye with a rock which
found on my cart the next morning. (Mr.
Wade here produced a round rock about the
size of turkeys egg Saw Marston and
someone else pull Pierce off the team. Mars
ton said "Uncle Wade. let us alone" Was
notified as approached the wharf that there
would be trouble, and to look out for the
crowd.
TaoSe Er0y ned Marstpp "a tba
storehouse when | drov, down to get the
beer. Did not see him throw anything. Part
of the cases were pulled off before | reached
Water street. Don't know who did it.
Drove down Water street; the crowd fell
back then there were yells of ''come on"
and a rush was made for my wagon Some
one grabbed Pierce and pulled him off. Saw
Marston pull off the remaining cases per.
haps there were six or eight After this
drove home.
VIM. II. Pierce, who attempted to assist in
preserving order and protecting the confis-
Gated property, testified that he stepped on
the rear of the wagon at Deputy Sheriff jew
ellis command. as Wade drove up from the
wharf, to see that no one touched the cases of
beer. He heard voices say "Pull him off y
Clutches were made at his coat, and he was
pulled off the team once. Was struck by two
missiles, but was not seriously hurt. Saw
Marston jump for case of beer. The
crowd got off several boxes. Chung to the
load as Wade drove up Water street, but was
pulled off near Ivory Hayes's. Recognized
Marston and Stilkey.
Cross Examined Others besides Marston
were engaged in the business. Made no con-
versation with the crowd didn'pt offer TO step
of and fight anybody. Didn't see Marston
throw any missiles or clubs he made no at
tempt to strike me.
+. NJ. Pierce, a brother to the preceding
witness. corroborated his testimony.
Horace C. Caswell was on the sidewalk
near the Maine Farmer office during the dis
turbance, and heard the hooting of the crowd
and the crash of the boxes as they were pull
ed from Wade's team. Heard Stilkey call
Wade a id old fool, and tell him he was
the only man in Augusta who would take the
lob. Saw an unknown man throw missile
of some kind.
Joshua Nye gave detailed account
of his attempt to seize the liquor IN
Hoyt's storehouse. After several delays in
trying to get the keys the doors of the store
house were forced open, and AZ cases OF beer
found inside. Made several Intellectual at
tempts to get team to take the beer to the
iail. Saw one of the special police, Officer
Howard. who said he knew where he could
get team; one of his neighbors,
John johnson, was truckman and
would take the job. Officer Howard
then went aw ay. and didn't see him for sew
eral days, when he told me he had had cramp
in his stomach and couldn't do ANYTHING on
that account. johnson drove to the wharf,
hut the crowd dissuaded him from removing
the hauor At last / went to Mr.. Wade's
residence and he accompanied me to Hoyts
storehouse. Mr. Jewell thought there would
be no danger in removing the beer. passed
ont most of the boxes to Jewell, and he and
Pierce loaded them on the team. large
crowd had collected, who were hooting and
,,s;ru ;nsulting language | then started for