Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-10-07
uAjaE BiSPATCHES.
SERGEANT KELLY ON TRIAL.
Of the Testimony for In
Defence.
PORTLAND, Oct, 6


PORTLAND, Oct. g.
Monday morning Sergeant Kelley contin-
ued his testimony from the point where it was
suspended Saturday afternoon: was pres
ent at the coroner's inquest on Smiths BODY
at Mr. Haley's house; testified at that inquest !;
Edward j. Millay was present; my quarters
are outside Of the tort, but inside of the gov
ernment premises. On the morning of july
20, 1882, at o'clock. entered the gate of
the fort The gate is made of two half gates
locked by staple and latch; unlocked the
gate that morning and closed it with an iron
bar; then crossed the parade ground at a
walk 3; the parade ground is about 100 feet
wide: saw two men on the gun platform in
proximity TO the magazine and close beside
one of the guns; did not know either of
them had no alternative but to order them
out of the fort, which did in the following
words: Get out of this; you have no busi-
ness in here without orders" They were
looking at me; drew my pistol, approached
them and changed the pistol to my left hand,
and stopped down and picked up what proved
to be piece of brick raised the brick in my
right hand and said 'You leave here" As
| raised the brick and said these words, Smith
said: "You hold on" Both spoke about
the same time the words were not fairly
spoken when the pistol was discharged the
pistol was in my left hand hanging by my
side did not intend to discharge the pistol
for any purpose; can't tell exactly how held
the pistol; heard it go off; did not see it; as
the pistol went off Smith said, ''I'm hit
dropped the pistol, went up to him and said
You see that was accidental; | never meant
to discharge that pistol, Smith said "Well,
I'm hit; help me" At the same time Smith
passed me towards the gate. said "Pll
open the gate for you" l opened the gate
and he passed out looked after him and he
passed off the bridge, 65 feet long, and turned
towards the hotel. As he went out he called
for Seville, who supposed would join him
outside. Seville was not then in view did
not know where he was; did not know but
what he was still in the fort when Smith
said he was hit Seville disappeared; l closed
the gate after Smith went out and sat down
went out of the fort to my quarters. On
reaching home my wife told me that Smith
had tainted in front of my quarters. Then
went to Haley's house and saw the Young
l..,, h., M,,t, IL hla.,ly
ened with burnt gun powder, part near the
thumb of my left hand; showed it to the peO-
pie at Haleys house saw no blood on Smith s
clothes before he left the fort The height OF
the sixth port hole, through which Seville
says they entered the fort, is nine feet from
the ground. 1t leads directly into the case
ment.
On cross oss-examination the witness stated
that he could see the fort from his quarters
had begun to shave that morning; did not see
boys walking in the fort; did not run to the
fort; pile of granite obstructed full view
heard no noise till | got on the gun platform
took pistol from my breast pocket and -four
ished 1t to scare away the intruders.
The witness produced the pistol, which was
about ten years old. He hadn't fred it at all
in 1882 before July 30 didn't cock the pistol ;
can't account for the pistols going off; the
boys stood almost still as approached; Smith
was standing about ten from the alleyway in
the easement.
Kelley then showed the court and Jury the
way in which he approached Smith; also how
he picked up the brick and the position OF the
pistol in the LETT hand when accidentally dis
charged
The district attorney here introduced let
ter written to Col. Blunt by Sergeant Kelley
dated July 80, 1882 in which he stated that
he raised his empty right hand to strike Smith
when the pistol went off; knew he was hit in
the thigh; did not assist him. after he passed
out saw blood on the planks; saw blood all
along the bridge and all along the road; heard
him call twice for Seville; did not think he
needed assistance; don't know how long he
was in walking across the bridge; did not
notice his shoe at the gate; do not know if it
was running over with blood or not.
The next witness, Judge Tallman of the
municipal court of Bath. testified that he had
not full recollection of the testimony given
before him at the preliminary hearing in
Bath. so far as to recollect that Seville testi-
fed that Kelly, as he approached them,
changed the pistol from the right hand to the
left, stopped and picked something, as if to
throw it. but my memory is very indistinct
on this matter. am rs years old and have
heard many cases in court; may have got an
from the newspapers.
Franklin p. Sprsgue was next called and
questioned in regard to the track of the bull
let as stated by DR.. Fuller at the preliminary
hearing. DIR. Fuller said the bullet went
the leg horizontally or nearly so.
DIR. Ferguson testified to the same effect.
John w. Ballou of Bath, testified to an
acquaintance with Sergeat Kelly; had him in
nominal custody at the Bath hearing was