The Portland daily press., 1884-10-06

dict of manslaughter. They have to show
that the wound itself was enough to produce
death, without any tampering with it. On the
morning of July %, 1882, this defendant en-
tered the gate of the fort, in the discharge Of
his duties as custodian of the fort. The outer
doors OF the magazine were already open, and
there was exp posed ], 800 pounds of powder and
a large quantity of fuse enough material to
have destroyed large amount OF property if
these young men had desired. One of the,
young men, said the defendant, ran across the
parade ground, but the fact Is the defendant
had not seen them when he crossed to where
the young men entered. The first thing he
heard to show anything was amiss was the sound
OF two cannon balls striking together as
though they were hurled down. He looked
and saw two young men, and OF course he was
somewhat startled. What were they there
for? The government does not allow any pho
tograph view to be taken Of the interior Of any
tort and how did he know whether they were
spies or not. His orders do not allow any one
to enter the fort without a permit, and he at
once ordered them out walking toward them
with his pistol In his right hand. Seeing they
were not doing anything he dropped his pistol
into his left hand and stopped to pick up some
thing else to drive them off with. Sevill has
told you they made no motion to leave, and at
that instant with no knowledge on the part of
the defendant the pistol was discharged. Kel-
ley Immediately exclaimed he had no inten-
tion of discharging his pistol, and when Smith
asked him to help him he said 81 will open
the gate and let you out" He said he had
been hit but there was nothing to indicate
anything serious. A short time afterwards he
was informed Smith had tainted near his quar-
ters and he went out, but crowd had gather
ed and there was nothing he could do. He
showed his left hand blackened by the powder
to prove the discharge was accidental, but the
crowd was angry and all he could do was to go
back to the fort. This fort has been subject to
repeated plunder There are a set of river
thieves who make business of plundering
the government property. The defendant was
the garrison of the fort and had he suffered
intruders to come there for criminal purposes
land how was he to know they did not come
for a criminal purpose?-he would have been
subjected to court martial. The defendant
daring the war was In the army and took part
in about thirty battles besides other skirmishes,
and for his soldierly qualities he was promoted
to the position OF ordnance sergeant. Had
these young men not violated the
law there would have been no accident. There
is history to this affair. The proprietors of
the hotel desired to have the fort as an ad-
ditional attraction to their house, and desired
to have the sergeant allow their boarders to
enter the fort. In tle written statement made
by Smith you will see that he contradicts
Sevill and one or the other tells an untruth.
On the Monday following the shouting there
was hearing when Sevill and others gave
evidence, and it gives me pain to say here that
all have in this trial been guilty of rank per-
jury. 1t gives me pain to tell you that one of
tn666 men mas D66Q guilty. Oh my OWN knOWl-
edge of the rankest falsehood; and Judge Gill
bert proceeded to characterize several Of the
government witnesses in a very severe man.
mer, giving reasons why they had testified diff
ferently at this trial than at the preliminary
hearing referred to- and closing his address to
the jury by notification that he proposed to
introduce witnesses who would tell them the
truth of the matter.
Court was then adjourned till 800 o'clock,
p. m.
Afternoon Session.
Court came in at 305 o'clock and the wit
nesses for the defence were called and sworn.
The frat witness put upon the stand was
THOMAS PERKINS
of Phipsburg who testified to his acquaintance
with Sergeant Kelley. was present at the
hearing before Judge Tallman in the NUM-
cipal Court and Sevill testified that after they
got into fort he heard the Sergeant walking
around and presently saw him coming towards
them. Presently he changed something from
his right to his left hand and stopped down
and picked up. something and said. "Get out
of here! what right have yon here" The pis-
tol was then discharged. His right hand was
up in the air. did not hear him say from
what direction the report came.
Cross ErGDlindtion-Live about of mile
from Fort Popham and am very well ac-
nary hearing was held at City Hall, Bath, and
such crowd was present they went up to the
Court House. There was considerable bustle
at the hearing, every one wanting to know
what was going on. Heard this testimony in
City Hall and was about 80 feet from the wit
ness stand Have never read the proceedings
OF that hearing in any paper or what purported
to be Sevilps statement. Don't know as
have ever communicated with any one about
hearing this testimony.
Redirect-The court room was in the same
building. but above the room in which the
forenoon hearing was held.
ALVIN D. GETcHELL
testified that he had been acquainted with
Sergeant Kelley for sixteen years. He married
q niece of mine. Was present at the hearing
before Judge Tallman and Sevill said Kelley
entered the fort and walked along for 10 or
12 feet, then stopped down and picked
mp brick, and changed something from his
right to his left hand. Saw the flash OF the
pistol from his left hand; right hand at the
time was thrust above his head as he ap-
preached them. Remember the testimony Of
DR.. Fuller. He said the direction OF the
wound was horizontal and made remark about
the shock, saying the collapse was caused by
the shock.
Cross Examination The examination was
held at City Hall, Bath; | was about 15
feet from the witness and there may have
been persons between me and him. There
was a crowd but no excitement. 1t was very
quiet for such crowd. 1 took no notes of the
matter but may have spoken about it some
times. Have seen newspaper accounts of
the testimony, one today in a newspaper OBJ
tanned from Mr.Sylvester. Did not see the paper
passed to anybody else. Was notified month
ago to come here, and have no recollection of
talking the matter over with any one. May
have spoken of it to Mr.. Sprague and Mr..
Sylvester. Remember DR.. Fuller said the
woand was horizontal or nearly so because 1
heard him say 1t. Il was impressed upon my
mind by interest in the case. Said the wound
was about six inches above the knee.
JAMES M. TAYLOR
testified that he had been acquainted with Ser
geant Kelley since Sheriff Ballou brought him
to his hotel two or three years ago. was
present at the hearing before Judge Tallman
and it was before that. At that hearing 1
heard Sevill testify and he said they went
into the fort hole and after going several rods
saw Mr.. Kelley. He sang out for them to
leave and came down towards them. As he
approached them he picked up something as If
to throw it at them; said his right hand was
elevated when the pistol went off. He saw
something in his right hand. His left hand
he said was by his side. Don't remember
whether he said he saw the pistol or not.
Heard the testimony of DIR. Fuller, and as near
as can recollect he said he found Smith suf-
wound. Heard DIR. Ferguson's testimony.
don't remember much about it, but it was
about like DR.. Fuller's, that he found him suf-
fering from severe shock. I keep the Saga
dahock House.
Cross Erdmination-Was at the examination
both forenoon and afternoon probably %
hours. Don't remember all the witnesses that
testified. Was about ten feet from the wit
ness. Had no special interest in the matter.
Think this was two years ago last June or
July, as near as can remember. Have not
had my attention called to the time. Told
DR.. Fuller this noon the way this young man
testified. Was notified to come here the day
before the case was called. Made no notes at
the hearing, and have had no newspaper con-
tanning a report of the case handed to me.
Don't remember the testimony of any other
witnesses as particular as that of Sevill and
DR.. Fuller.
MELVILLE v. sPINNEY
of Phipsburg, testified to having known the
defendant since 1862 or 1864. Was present at
the preliminary hearing and the young man
with Smith when he was shot testified about
the manner of the shooting. In substance he
stated he heard some noise in the fort opposite
when they came in and Kelley said, "Clear