Daily Kennebec journal., 1884-10-06
MAINE DISPATCHES.
SERGEANT KELLY,S CASE.
The Trial Resumed saturday-The Tes.
umony for the Government Finished
Judge Gilbert Opens for the
Defence.
PORTLAND, Oct. 4.

The case of the United States VS.. Sergeant
Dennis Kelly was resumed at 10 o'clock Sat
urday morning in the circuit court. before
Judges Webb and Colt. Judge Colt stated
that the court had decided to take the iuris-
diction based on the act of the Maine Legisla-
ture of 1870.
DIR. W. II. Furgerson of Bath testified that
he extracted the ball from Frank H. Smiths
thigh, July 90, 1888. He showed the bullet
to the court. Smith was nearly lifeless from
found the bullet near the skin on the pos
terror side. Smith was in low condition
for about three days and then appeared to
improve. On the morning of the 18th. sec.
ondary hydrophobia set in and Smith soon
died. saw him at six o'clock that morning
and administered brandy and ammonia and
injected whiskey.
On cross-examination the witness testified
that he had been in practice about five years,
and was graduate of the medical college The
witness did not testify at the primary hearing
before Judge Tallman of Bath, that the
track of the bullet was horizontal.
DIR. Alfred Mitchell of Brunswick, testified
he was present at the postmortem examina-
tion of Smiths body. The bullet IN its course
cut out segment of the femoral artery.
The question as to whether the character of
the wound was such as to necessarily cause
death, provided there had been no medical
treatment the witness evaded and the ques-
ton was withdrawn.
John H. Haley, agent at Hunnewell's Point,
testified that on the morning of July Goth,
1882, he heard shouting, and in going in the
direction thereof met Smith staggering along.
Smith held out his hands. crying, kelly has
shot me-" Smith fell into the witness arms,
and was by him carried to the lstter's house
and laid on the piazza.
Mary II. Blanchard of Medford, Mass,
testified that on the morning of july 20, 1882
saw Smith lying on the veranda of Haley 5
house. She thinks DIR. Ferguson arrived in
less than an hour after Smith was taken to
Halev's house. The witness said that Smith
had constant nursing and medical advice
until he died.
Parker r. Lltchfield of Medford, Mass,
testified that he was at Hunnewell's Point on
the morning of the Goth, 1892 He heard
loud cries for help coming from the direction
of the fort. Running that way he saw Smith
supported on Haley's arm. A bandage was
put around his leg and he was carried TO
uo1o,,'s housa x,hara uitnpSs was with Smith
nearly all the time until the following morD-
ing when Smiths parents arrived. Had
known Smith about two years. He was of
athletic form. Never heard Smith say he
was going into the fort in spite of the United
States officers.
Annie E. Smith of Charlestown, testified
that she is the sister of Frank A. Smith: that
on the morning of July 29th she saw her
brother after he was shot lying on the plat
form of Haley's house at HunnewelPs Point.
She said: 81 was with my brother all day
and evening and assisted in nursing him until
went home, some eight days after the shoot
ing. Father and mother came the next morn
ing after the shooting Mother nursed him
constantly till ne uleu.
Charles f. Smith of Chsrlestown, the
father of Frank A. Smith, testified that his
son was a little over % years old He was
about five feet ten inches in height, of stout
figure. weighing LIS pounds. He was in per-
feet health, was very athletic, having prac-
ticed great deal in Harvard gymnasium, 81
first saw nv son after the shooting, about
O'Clock the following morning. My wife
came with me, she is now sick and unable to
! leave her room. my son had an attendant
with him during his whole illness. l was
with him the morning he died. My son was
unconscious when the doctor arrived that
morning. My wife called me saying that
Frank was bleeding again. l put on my
pants and rushed to his room. My wife had
previously put bandage around his thigh
A pbysician arrived soon after"
The government rested its case here, and
the court took recess of ten minutes.
Al 70 o'clock the court came in and Judge
Gilbert opened for the defence. de mrs.
called attention to the peculiar language OF
tho s,atue under which the indictment has
been found. The essensial element of the
v;oIence ia ssunlawful and wilful," and the
indictment alleges that the defendant felon'
,ously, wilfully and uulawfully assaulted
| Smith. The latter was in the fort In viola
ton of the law, and any resistance to such
;ncursions was not unlawful. The govern
ment had something to establish yet, IN order
n obtain verdict of manslaughter. They
have m show that the wound itself was
enough to produce death without any tamp
er;ne with it. On the morning of July 2stt
the defence entered the gate of the fort in
discharge of his duties as custodian of the