Daily Kennebec journal., 1884-01-10

ms morning Iouns<i aeAAn otkah nas
arxumen, for Turner He apprehended the
jury would not have to rely much on the
element Of express malice. They would not
rest their case on any sharp technical
grounds. He came to the task With some
thing more than . feeling Of cold profes-
sional duty for the prisoner; he had per-
sonal interest in the prisoner. ~ha vas not
on trial for any drunkenness of any disgrace-
ful conduct, and he could conscienriously
and heartily ask for his acquital- He denied
that there was any common purpose or tacit
understanding which vent 70 make joint
act. We shall satisfy you in the first place
that there vas no rape in that house. Both
have borne good characters. We shall show
you peaceable young men. Turner had
| an unfortunate tendency to drinking to ex-
cess. On the point OF ths Indian speaking
| to Lint and Hopkins when they went down,
Lint lodged, evaded, shuffied and hung
down his head and twirled his hat as to what
the Indian said. Well. he invited them into
the house on the way back; that's what he
said. Lint is an old acquaintance and crony
| of Plummer's, and many time has been
drunk with him. Lint suggested going in
when they we're going home. What 10 Plum
mer's house? II is a house of ill fame, and
we propose to show IT, The State would
| have you believe the sanctity Of a home had
been invaded. Counsel just excoriated ''he
| low born wretch" who would keep house of
| prostitution. There was no resistance to
| Turner'S advances by the old woman. Turner
after this was struck a severe blow on the
| hind for two weeks. He thought young Joe
did il and rushed upstairs after him. Re-
| turning to the kitchen he found the old In
dian lying on the ash butts and said "Hallo !!
What's this?" Plummer says, Guess he's
/ drunk." Turner didn't know when he was
arrested what ii was for, or that any one was
dead.
Col. Spaulding spoke for Turner relating
to matters not covered by Heath. Turner
| and Hopkins said the old Indian woman and
man were both in the room. Hopkins gave
her 80 cents for bottle of liquor; all drank
| of it.
Col. Spaulding said Hopkins said he knew
| nothing about who struck the old Indian or
how he came to his death. ProvidentiAlly
| almost. the State has used the left boot of
Hopkins in comparing with those marks.
Now Hopkins has not beea able to kick with
his left boot since he was disabled by a cut
| on his foot IN the war in front of Fort Has
| kell at Petersburg, and fortunate it is for
cause of truth and justice It is like needle
| In his eye for him to kick with that foot. He
| gets pension through that. He denies he
| told Lint he kicked the old Indian. The
rope WAS denied.
Turner took the stand at the close of the
speech.
Lorenzo II. Turner testified: Tweed in
Richmond the biggest part of my life re-
Gently have been boarding with Mrs Trott,
| about two miles from Richmond; usually
call Hopkins Jim; left home for the village
| at 8 80 or about; rode; went down to settle
| the bills owed; / went to different stores
where had bills met Hopkins when I
first got there; he was alone; went into
Smiths dry goods store; then went into
wyman's rum shop; drank there some cherry
Iuu, about two ounces; the next glass was
cherry rum and Medford rum mixed; after
| We left Wyman's we went on the street,
went up about opposite Tibbetts confection-
| cry store I'VE separated there; Hopkins went
up to Lake block; my horse was hitchel in
| front of Smiths store; saw him again in an
hour: was at wyman's meanwhile and had
| two more glasses Of cherry rum; met Hop
kins next on Front street; went into wv
mans and We drank again; Jim brough, a
bottle with him; then left Wymans; found
| il was told ne Lint had gone up to turn il
We looked in the wagon to see If Hopkins bun
die Was there: it was not. hunted after it
twenty minutes and found it; next went into
Hussey's; Lint and got drink, whiskey l
thinE, he irst said he had nothing. but Frank
said we we're all right; then we left the vii
lage; Hopkins vas not going; finally he
jumped in behind; thiak officer Newell was
| on the sidewalk; told Hopkins to get in be-
fore he was arrested and would take him
home; we drove very fast to Plummer's; Lint
suggested we go in the lights we're burning
there was noise before we vent in, laughing
| and talking; Lint went if first; PIummer, an
old Indian woman and man were there
Plummer vas doing something by the stove !;
we vent over by his door; the old Indian was
standing hack to the partition BY his room !:
when We first vent in he VAS sitting by the
vail; the old lady was sitting right in front
Of me; she wasn't doing anything in partic-
ular; Lint when went in was sitting in from,
Of the stove; he treated, all drank A. far A.
noticed; passed the bottle to the old lady
after drank; she passed is to Hopkins; saw
Hopkins pass the old lady half . dollar; in q
few minutes more ssw liquor passed around:
l think the old lady and the Indian drank the
second time; Piummer drank the ar.t time
round; from the kitchen he went into Plum
mer's bedroom; Hopkins and Plummer
talked with him there; Hopkins vent ont
Of the door with Lint and Denny; ven. into
their room; vent into Denny's room for Mrs.
Denny asked me to 60 into the kitchen; Mr..
Denny then grasped NY shoulders; struck