Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1884-11-06
Sup. Jud. Court Oct. Term, 1884.
JUDGE THOMAS II. HASKELL. Presiding.
OFFICERS OF THE COURT.
ii. b. SAUNDERS, Clerk.
GEO. NJ. WARREN, County Attorney.
J. A. HAYDEN, Stenogrspher.


Straw anu John sawyer. Jr.
AT the opening Of the court this morning
the respondents were called and sworn. There
were no other witnesses.
Fred Pressey testified: | am % wears Of age
Reside in Castine: was born and brought up
there have known Frank Brown ever since
l have been big enough to 90 around at all.
l do not know that We ever had any trouble in
the world. On the evening of October 9. all
the boys, Frank Brown, John Saw yer. Polly
Sawyer, Fred Grinde, Geo Macomber. George
AcClusky. Charles +. SAWYER. Sew all Perkins.
Sam Hutchins. George E>ty and Charles Col
Inns. met at Tilden's corner at about O'Clock.
and walked over 10 Water street. and came
back and stood there a few minutes; then
went down TO the skating rink and had a skate,
and then came out. and Brown proposed that
we should 20 and get some apples. and we all
started. and we said among ourselves that we
would try and scare Brown tonight. Brown
was telling that he did not care who was in the
orchard; he made considerable talk. and we
thought we would try and scare him. and we
proposed to take gun and fire il in the or
chnrd. Wehsd 10 go by polly" SAWYER house,
where he lived, and we wanted him TO 20 In
and get his gun. He said IL was loaded with
shot, and he said TO me, Ego down and get
yours" and said that | would Just rs soon
20 a. not; that there was nothing in NV gun
We all walked up Main street and talked the
thing over. and il was all understood bv the
whole OF us. went down and got NV gun:
cannot say for certainty where il was left
the boys. because | never thought anvthing OF
this sort was going TO take place. and did
not pay much attention To H. | got NV run
and Mel straw and went to Mr. Hatch's
orchard ir-t."PoIly" Saw yer and Charlie, Saw
yer csme down and told Us that Frank Hoop
er wss down Their watching. and We had bet
ter look out or We would be- prosecuted |
said 10 Straw that did not want to be prose
ouied for having little fun, and they told u,
that the boys had gone up TO Overs orchard.
We went up there and went in. and fired the
gun three times. ! believe. | stated in Ca.tiue
that ii was twice. but NJ, straw loaded the
gun once. and forgot about that. had fired
twice right of. and never thought OF that
We met Fred Grindle going up; he wen, up
and went into the orchard with IT,. Mel straw
and fired three times Their, in the orchard.
and Mel left me and went up among the bow,
and wen; out OF the orchard and wa. talking
with Grindle. and be said 10 me. Lets 20
home Pressey. and | said. | suppose that
We might a, well; that would go up and fire
once more. and then come down aud We would
70 home. went up round. aud all the bows
were standing there in The road crept around
the heds and when got up within fifteen or
twenty feet of Then. said. Now, bow. I've
got you They all started and ran. except
Brown: he jumped onto mc. and grabbed the
gun. Aftcr he grabbed the .un | >rok,. 10
him. snd said. Prank. Thu j me- and tn,
rep, b. made was. II don't give damn II
this is me- he had not more than got the
words out OF hi mouth before the yum wa.
discharged. but whether he hi, the hammer.
or whether hit the hammer could not ,ay.
The gun WAS not cooked. Brown and were
slwsys the best Of friends: We were ship
mates together. and hc and calculated 10 20
down the bay together the very next morning:
we had everything all ready: he wa. down
that afternoon. OF October 9. To see NV tolrr-.
After Frank grabbed hold of the gun tried
to keep the muzzle Of the gun away from hi.
pointing toward me- instead OF Frank. il would
have been me instead Of him. After the gun
went of. got the doctor and did cyervthin. |
could do for Frank; he and were lust about
the same ~ own brothers and felt bad. The
gun wa loaded with noihin. but powder and
piece OF paper; loaded it myself. and know
What there WIS in it. Mc straw and Fr,.d
Griudle were in the orchard with me when
the gun was fired. 1t was all talked over be-
tween u. and understood that We were going
up there with gun TO scare Brown | saw
three bottle, OF what they called alcohol: th.y
watered it; did not see ANYBODY intoxicated
at all. | was just sober then n | am this
moment. Ii was Brown that proposed that
We have something 10 drink. and he said that
George Macombcr wa. the boy that could gct
II; we Clipped in. and George rot the alcohol
and caIne out where the fellows was We
went down 10 the skating rink after that.
do not know where they wa;ered the alcohol
after they got ii.
! think il was about half past seven when
we were NJ the skating rink stopped there
half or three-quarter. OF an hour We drank
some Of this alcohol when We went over to-
wards the north end. and we drank some when
We came back along and somebody hove one Of
the bottles overheard. into the water and that
finished il. | did not drink over four or i've
swallows Of il there was some sugar and Wa
ter in il. After il was all drank. or thrown
away. We went into the skating rink. During
this time the parties have mentioned were all
together. We found Mel Straw in the skating
rink: the whole party left there together:
Straw went with US. Al the time we left
the skating rink. We hsd formed no plan for
the evening. Before we went TO the rink
Brown wanted to 20 and get some apples. and
We concluded We would 90 down to the skat-
ng rink. and have q skate after We come out
Brown wa> very anxious 10 20 out aud get
some apple>. and W. said. Now. we will try
and scare Brown. if We can" All OF u. BOYS
said that; ii was all under>tood. | mean by
all Of H.. John sawyer. Polly" saw yer. Geo.
Macombcr. Mel Straw, Fred Grinde and all
the boys that We're there; ii was all under
stood by liutehins. McClu-ky. Collins and sll.
In order 10 carry out the joke somebody had
to have gun. and happened TO be unfortu-
mate enough 10 have il when this accident hap
pened The first intention was 10 20 down TO
Mr.. Fannie Hatcls. near Perkins street
Polly and Charles sawyer. the witness here.
Informed me that the intention was changed.
Straw and had just got over into the orchard.
We then came out and went up to Mr.. Dyer-.
After we left the Hatch orchard W. fell in with
Grindle along by the engine house somewhere
and he told lis to hurry up. or the boys would
get up there ahead Of Us. After we rot 10 the
orchard we fired the guns. think the hedge
was seven or eight feet high. We found hole
In the fence right st the lower par; Of this
hedge; Straw. myself and Fred Grindle went
In through the hole: we heard the bows I'D
shove. towards Stevens street. When we came
out Straw went up among the boys and G rim
die said TO me lets 20 home, and said we
might a. well; will 90 up and fire once more
and then come down and well 90 home; that
once was just once too many. Went up Pleas
ant street.towards where supposed the crowd
was; got up within fifteen or twenty feet Of
them: could distinguish who part Of them
were; saw Geo. Macomber. Polly SAWYER,
and two or three others; did not take any par
ticulsr notice Of them, because | never thought
Of anything of this sort happening II was
starlight; there was no moon.
Cross EIamined.- think Brown W ss about
% years Of age. He was married. Brown