The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-10-07
KELLEY'S TRIAL.
ANOTHER DAYS PROCEEDINGS
IN THE FORT POPHAm SHOOT
ING CASE.
Expert Testimony introduced Yesterday.


In the Circuit Court yesterday morning bs-
fore judges Colt and Webb, the trial of Ser
geant Kelley was resumed at 1915 o'clock.
The defendant, Sergeant Kelley was recalled
and his testimony continued.
SERGEANT KELLEY.
L was present at the coroner's inquest on
Sunday evening. 1 had no counsel there. I was
called to testify.
The witness was asked whether he was in
formed that he was not obliged to testify if he
did not wish to. The District Attorney OBJ
jected to it. AS no evidence has been offered
by the government as to what was said or done
at that time the court ruled that the evidence
was inadmissiblel
My quarters are outside the fort, but within
the government premises. 1 entered the gate
OF the fort on the day Of the shooting. 1 un-
locked the gate which opens in the centre. 1t
has lock, staple and hasp. fastened the
gate by bar inside. The opening and shut
ting the gate is attended with considerable
noisa. crossed the parade from west TO east
1t is about 100 feet wide. As got to the gun
platform heard something off to my right,
one OF the shot that ia piled about there
thrown up against another. saw two men
on the gun platform about forty yards distance
IN proximity to the magazine and alongside
one OF the guns. 1 did'n know either OF them
never sew either of them before-I had had
orders not to allow anybody in the fort. said
"you may get out of this fort; you know you
are in here against ORDERS" spoke loud and
they were looking at me. / took my pistol
from my breast pocket and walked quickly
toward them. On approaching them and see
ing they were not going to leave changed the
pistol into my left hand and stopped down to
pick up what appeared to be piece of plant,
a a N 0f
raised my right hand quickly and said "you
men leave here" As raised the brick Smith
says ''you hold on!' Both of us spoke about
the same time. The words were not finished
when the pistol in my left hand was discharg-
cd. My pistol was in my left hand by my side
Can't say positively how low down it was but
1t was by my side. l did not intend to dis
charge the pistol for any purpose can't
state exactly how held the pistol. Smith
says ST am hit" 1 dropped the brick and
went to him and said you see that was acci-
dental. never meant to discharge that pis-
toll" He said "Well I'm hit, help me-" He
at the same time started towards the gate.
said would open the gate for him. l opened
the gate and he passed out and watched him
go over the bridge which is fifty-four feet long
and saw him turn towards the hotel AS he
went out the gate, after he got out, he called
"Sevilr" who supposed would join him at
once outside. Sevill was not in view and
didn't know where he was As Smith said he
was hi Sevill disappeared. / shut the gate
and was going back to work and I heard him
call for Sevill twice and heard other persons
talking. sat down on derrick spar inside
the fort, then | came out Of the fort and went
home. Ny wife said the young man had faint
ed, and went down to the porch of Mrs.
Haley's house where Smith was. 1 happened
to look at my left hand and saw half of it black
next to the thumb, and l showed it to people
and told them it was an accident My hand
was blackened by burnt gun powder. Probab-
ly there were fifteen or twenty people there.
After Smith vert out of the fort saw a little
blood on plank inside the gate. 1 saw none
on his clothes when he parted with me. The
height OF the sixth embrasure that Sevill says
they entered is not less than nine feet from
the ground. Farther along the embrasures, of
which there are eighteen on side, are higher.
Cross e1anaination-Fro my sitting room
can see the face of thelfort where the boys say
they entered. I shaved after this occurrence
-mayhave begun before. / did not see the bows
enter the fort. didn't walk very fast towards
the fort. From the gate Of the fort to the
casemate where Sevill says they entered Is 100
feet. walked to the first gate. / didn't see
the young men until got to the platform. 1
heard the noise, saw the boys, took the pistol,
a small revolver, Eve chambers, and fourished
it at them The witness produced the revolver
at the request OF District Attorney Lunt.1 1
have had the pistol about ten years. Never
noticed when have fred it to see whether
fire and smoke came out between the cylinder
and barrel. took the pistol out Of my breast
pocket With nay right hand 90 they co0ld 900
was armed. 1t is not self-cocking pistol.
Didn't cock it to my knowledge. was not
excited. The boys didn't frighten me. can't
account for the pistol going off In a direct
line to the boys through the casemate it was
100 feet. walked quickly towards them.
They were in the second casemate; it is about
30 feet wide-on an avearge 20 feet-Smith was
standing about 10 feet in from the alleyway. 1
had raised my hand with the brick bat in it
when the pistol went off. On the Both Of July,
1882, made written report of this transac-
tion to Col. Blunt. Witness identifies it as
being his handwritingl
Odd You write to Col. Blunt that you
had yor pistol in your left hand and raised
your empty right hand to strike the fellow2
The question was objected to and admitted.
Al may have made such a statement.
don't think said "empty."
The District Attorney read the report in
which Kelley, in giving history of the af-
fair, says he shifted the pistol into his left
hand and raised the empty right hand to strike
when the pistol went off.
Smith didn't ask me which way to go; he on
ly said "Hold on.' When the pistol went off
Smith clapped his hand on his leg and said 81
am hit'. laid the pistol on tho ground and
went to him.-He went right off-6e made no
stop. I have been a soldier 26 years, and been
in battles. Didn't put any bandage on his leg
for saw no need of it. Didn't see any blood
on the plank until after he went out. After I
came out OF the fort saw blood on the bridge.
didn't accompany him for didn't see any
need of it. He wasn't over two minutes going
from the gate to my house.
On redirect examination he said he didn't
see Smith after he left the bridge. Don't know
how long it took him to get to my house.
HENRY TALLMAN.
Am judge of the Municipal court OF Bath.
Dennis Kelley was before me for examination.
have not a full recollection of the testimony
given before me. Sevill's testimony is quite
indistinct He testified that Kelley came
towards him, told him to clear out and think
he said, / am not positive, he put his pistol
from his right hand to his left and stopped
down to pick up something to throw at them
and then the pistol was discharged from the
left hand. have no clear and distinct reco-
lection of that testimony.
Cr0SS.e1dnsindtio7l-I have read newspaper
report OF the testimony given before me last
week. l am rs years old. Have in the neigh
borhood OF 600 cases before me year. The
impression of this testimony may have come
from reading newspaper reports.
FRANKLIN P. sPRAaUR
was recalled and testified that DIR. Fuller said
at the preliminary examination that the bullet
went through the leg in a horizontal direc-
tion. didn't hear him make any quslifica-
ton.
DR.. FERGUSON
said in direct examination that The bullet
went through in nearly horizontal direction,
and in eross-examination, when asked by
Judge Gilbert how near horizontal, he said as
near horizontal as you could get it.
CroSs-eGdnaindtion-I took no notes; don't
undertake to give exact words but the points
was at the seashore when the accident hap
pened and was requested by Kelley to be there
at examination. didn't take an active part
in the trial. Judge Gilbert occasionally asked
me a.question.
Direct EIdnair1dtio7t-Sergea kelley's wife
and were schoolmates together and our pa
rents were neighbors.
JOHN W. BALLoU.
Reside in Bath. Sheriff of Sagadahoc coun-
ty. Have been acquainted with Kelloy some
time. had him in custody when he was ex-
amined before Judge Tallman. Heard Sc
Wills testimony and Kelley's. Sevill testified
that he saw the sergeant coming toward them
In threatening sort OF way; came within
twelve to eighteen feet of them when he
changed pistol from right hand to left and
stopped down to take up q missile Of some
kind when the pistol went off. 1 understood
him to say that he had the missile in his
right hand when the pistol went off in his
left l served as coroner on the body of
young Smith, Sevill testified before the in
quest Sergeant Kelley was there but had no
counsel. I was notified of the death of Smith
Sunday morning, and went down that FORE
noon. / took down the principal points of Se-