The Portland daily press., 1884-10-06
SERGEANT KELLEY's CASE.
The Government Rests it's Case
and the Defence Opens.
JUDGE GILBERT OF BATH AD-
DRESSES THE JURY.
The Defendant Will Tell His Story
Today.

hcouh1O JuAAoNlObAOA VI tuo Ctto6s no QuoStlUu1
he said, is close one, but as the witnesses are
here, some OF them from q great distance, it
had been thought best to go on with the trial.
The trial will deprive the respondent of
none of his rights, and any questions that
may be raised can hereafter be argued before
the Supreme Court. The decision of the court
was based upon the Maine act of 1871. The
government then proceeded to call its wit
nesses.
DIR. M H. FERGUSON,
of Phipsburg, testified that he had been in
practice about four years. Was in attendance
upon Frank Smith when he was upon the We.
randa of Mr.. Haleys house. I extracted the
bullet from about the centre of the thigh (pro-
duced the bullet). Arrived at his side an hour
or more before DR.. Fuller, and administered
stimulants. He was almost lifeless; was pulse
less, and apparently almost bloodles6. Lifted
the blankets from over him, cut away his
clothing and examined the wound somewhat
before DR.. Fuller came, but did nothing about
bandagiug it. Changed my stopping place to
the Eureka House, in order to be near young
Smith, and saw him several times day after
ward. He continued in this proEtrate condi-
tion three or four days, when he commenced
to mend, and continued to do so. On the 18th
of August, / was called about o'clock, by his
mother, and found quite quantity OF blood in
the bed, from hemorrhage of the woand. /
administered stimulants, but he only lived
about an hour. bandage had been already
placed above the wound before my arrival, but
in consequence of his weak condition he could
not survive the loss of blood.
Cross ETdnaindtio7l-I was there within
three or four inmates after Mrs. Smith called
me, the morning of his death; was partially
dressed at the time, having on my pantaloons;
was not with the young man during the
night, but saw him the evening before, about 8
or 9 o'clock. AT that time, his father and
mother were with him. / never saw him
alone. When I reached him the morning of
his death, he had been bleeding considerably,
1t is difficult to tell how much blood there was.
When first wounded / gave him brandy and
ammonia for a stimulant, and also injected
whiskey into his flesh. Used aromatic spirits
of ammonia and administered perhaps three
teaspoonfuls and perhaps more. During his
illness we kept his temperature, respiration
and pulse, but have preserved no memoran-
dunn of the remedies administered. Have in
jected whiskey several times before. The
memoranda preserved embraces the time from
Aug. 1st to Aug. 11th. The weather on the
29th of July was very warm. began prac-
tice in Phipsburg in April, 1880; had settled
nowhere else before that Was absent from
the Eureka House but very little of the time
while Smith lived. No recollection of going on
an excursion during that time or starting to go
anywhere. Did not go anywhere on the Is
land during that period. l remember of
going to Mouse Island that summer, but
whether it was during that period don't re-
member. Am very sure it was after his death.
Testified before the Municipal Court of Bath
about this matter on Aug. LIST, two days after
the occurrence. Have not seen the printed
report of my testimony at that time. i'm
puted the condition Of the patient to loss of
blood and the shock produced by the wound.
The wound was about seven inches above the
knee, and the track of the bullet fell 81 or
more inches in going through the leg. did
not say the track of the bullet was horizontal.
say that upon my oath. Have no recollection
of "a conversation with Melville b. Spinpey
about the matter or at my boarding house at
Psrker's Head. made no argument with
Spinney that although the track of the bullet
was horizontal it might have been fired in
downward direction.
DIR. ALFRED MITCHELL
of Brunswick, testified that he graduated in
1869, and has been in practice in Brunswick
Was present at the postmortem examination of
young Smiths wound with Drs. Fuller, Pack
ard and Ferguson. / examined the wound
and found the bullet cut off segment of the
femoral artery on the inner side.
JOHN H. HALEY
of Hunnewell's Point, Phipsburg, testified that
his mothers house is near Kelley's quarters.
The morning of the 29th was on the platform
OF Mr.. Perkins store and heard shouting. 1
listened to hear where it came from, and then
I ran around the block and met Mr.. Smith in
front of Kelley's house. He was staggering
from one side to the other. He said "Mr.
Kelley has shot me-" and fell into my arms.
l lugged him short distance and then laid
him down. Mr.. Sevjll came and put the
handkerchiefs around his leg and twisted
them up with stick. He was then carried to
my mothers house and placed on the piazza.
Cross Examinations piazza was plat
form on the north side of the house and no
roof to it.
MRS. MARY H. BLANCHARD
of Mediord, Mass, testified she was at Hume
wells Point, July 29sh, and saw Frank Smith
the morning he was shot lying On the ground
front of Mr.. Kelley's house. He was carried
to the open veranda of Mr.. Haley's house and
placed on a bed there. Have no knowledge of
the time that elapsed before DIR. Ferguson
came. From that time till he died think he
always had attendance. I attended him from
the time he was shot till his mother came,
and saw him frequently after that till he died.
l was at his room daily and sometimes several
times during the day, but did not assist his
mother in nursing him. Heard his calls for
assistance when he was coming from the fort.
l was on the piazza of James Perkins house.
When / got to him he was surrounded with
people.
Cross e1dnaiaotion-ais mother had he
daughters assistance all the time in nursing
him. The daughter is in her nineteenth year.
Brandy and water were administered to him
frequently upon the piazza by myself before
DR.. Ferguson arrived. After the doctor ar
rived he directed we should give it to him
stronger, but it was not given full strength.
DR.. Fuller continued the brandy aud water
till ne was removed into the house between 10
and IL O'Clock. The other remedies were ad-
ministered after removing him to the house
and during the time had charge of him. The
weather was very warm that day; think it was
bright sunshiny day.
PARKER r. LITCHFIELD
of Medford, Mass, testified that he was stop
ping at the Eureka House on the 29th of Ju-
ly. Heard an outcry while there. was stand
ing in the hall of the hotel when Sevill came
running in and as soon as I sscertained what
was the matter l went out. Smith tainted be-
fore 1 reached him. Mr.. Haley was with him
and others. After bandage was put around
his leg he was carried to the platform of Mr..
Haley's cottage. L was with him till his par.
ents arrived Sunday morning and was there
frequently afterward.
In reply to the Court; think Smith was
about 20 years OF age.
Cross e1onainati0n-Know his mother was
with him all the time till he died because I
was there frequently day and evening and saw
her. Had been at the Eureka House since
Wednesday or Thursday before the shooting oc
CURED. Knew Smith and Sevill for many
years. Never heard anything said about their
getting into the fort.
HATTIE e. SMITH
of Charlestown, Mass. sister of Francis A.
Smith, testified she was at Hunnewell's Point
the day her brother was shot. Was on the
piazza of the hotel at the time.
and first saw him afterward on the platform
of Mr.. Haley's house. Was with him three
times that day and once that evening. Was
at the Point eight days after the shooting.
Farther and mother arrived Sunday morning,
and l assisted my mother in nursing nv
brother. Somebody was with him all the
time.
CHARLES s. SMITH,
of Chsrlestown, Mass, cashier of Continental
National Bank in Boston, testified that Fran
cs A. Smith, shot at Fort Pophsm, was his
son. He was little over % years of age, and
5 feet 8 or 10 inches high, thick set, and
weighed 175 pounds. He was strong and per-
fectly healthy, and had practiced athletics
good deal in Harvard gymnasium. First saw
him about o'clock Sunday, after the shoot
ing. My wife was with me. She is now at
home, unable to leave her room. assisted in
nursing my son, and was there eyery day but
one till he died. He had an attendant with
him all the time. Was there when DR., Fergu-
son arrived, the morning he died. Don't think
ha was cOnseiOus whan tho doo+o, o,...,.l