The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-10-02
THE o'HARE CASE.
First Day of the Trial In the Supe-
rior Court.
The Testimony for the Government
Given Yesterday.

yesterday
The respondent is indicted for the crime of
manslaughter in unlawfully killing and
Staying his wife, Rose O'Hare, ON the 10th of
July last
County Attorney Seiders conducts the case
for the government, and III. D. Hadlock and
w. H. Looney appear for the respondent.
The jury, drawn from two full panels, is
made up as follows:
Eben F. Wardwell, foreman; Simon Libby, Reu-
ben p. Loring, Ansel L. Cover, Michael E.. Car
ney, " william a l.; Barbour, Abraham ham, J. Allen,
L. Knight, Staratt A. Ltchfeld, Oscar s..
Stackpole.
County Attorney Seiders opened the case
on the part of the government, briefly
explaining to the jury the legal aspects of
the charge and the evidence upon which the
government relies,-the most of which was
published at the time the affair was discov-
cred and after the inquest.
James NJ. Black, deputy marshal, was the
first witness for the government and he ex-
planned the plans of the house where the
O'Hares lived, at the corner of Lincoln and
Mayo streets.
Mrs Annie w. Kilfeder testified that she
lives at No. "A Lincoln street, diagOnally
across the street from the O'Hare house.
About half-past three Saturday morning,
July 10. O'Hare called at my house and said
his wife danA ard <~eatrd nI0 to oor.e
oyer to the house, | asked what happened.
He said, 81 found her dead" l said she
couldn't be dead. He said, "She is dead;
looks dead I; caught hold of her arm and
spoke to her and she didn't answer" told
him / would be over in few minutes. Went
over as soon as dressed, supposlng OHare
locked; went into the back door, into the
kitchen and called 0'Hare got no answer.
Went up stairs and looked into the rooms;
it was quite dark. l kept calling, but got
no answer. Went down stairs and called;
went ont into the barn, but found no one. |
went and called a neighbor, Mrs. Hagan, and
went back. In one of the rooms where the
bed was drawn across near the door and
barred the entrance, we found the body
lying on the floor. 1t was then little later
and lighter. did not 60 into the room;
only looked at the body over the bed. Twas
close enough to see she was dead. couldn't
see any garment on her but very small
undertiannel which was very much
shrunken. l took blanket and threw over
her. Neither Mrs. Hagan nor touched the
body. There was mattrass on the bed and
two pillows. There was a feather bed on
the floor and her head laid right up against
one corner of it. / recognized the body and
it was Mrs. O'Hare. then went and called
Rufus HI. Waite, who lives in the nlghbor-
hood.
Cross Examination : Never saw Mrs.
O'Hare intoxica ted but once, and that was
two years before her death. She was then
very sick in her bed, entirely out OF her
head, and her children were taking care of
her. She admitted that her sickness was
caused by intoxication. When | saw the
body one hand was thrown over her head,
and the other was down by her side.
Mrs. Annie Hagan, the next witness, cor
roborated the testimony of the last witness
as to finding the body, its position, and the
fact that neither of them touched it.
Rufus Fl. Waite testified: Live at 3S Lin
coin street. Mrs. Kilfedder called me about
o'clock in the morning. l went into the
house. found everything in confusion down
stairs and upstairs. | Went upstairs and in
to the room. | stumbled over something;
went along and raised the curtain, and saw
it was the body of a woman. took her
wrist in my hand and found she was dead,
was lying on her back, on the floor, with her
head a little mite under feather bed that
was piled up in a heap. She had on kind
of half blouse waist, should judge. | think
the body was perfectly naked with that ex-
ception. INT. True nfted her { head sia ana plcked
When | arrived there first, the bedstead
was standing head to the door, and had to
shove it one Side to get in. The face of the
woman was all black, as If she had the cry
sipelas, and made that remark at the time.
ss-EraminatiOn-She was lying on the
floor with nothing under her. Her head was
a little underneath the feather bed, which
was not spread out, but all in a heap. There
was sink canted over on to the bed.
might have knocked that over as went In,
tumbled over her and the bed. | can't say
exactly that it was her or the bed, but it
might have been. 1t did not throw me down.
She was diScolOred down on to her breast
BENJAMIN True, the sheriff testified and
corroborated the testimony of Mr.. Waite as
to his being called and the confusion OF the
house. Mr.. True said; found the body
covered with a blanket. l took hold of the
hand, felt for the pulse at the wrist and the
heart, but could discover none. She was ly-
ing with her head further from the bed
stead than her feet; her head three
feet from the bedstead, which was between
the door and the body. l think there was
mattrass on the bedstead. The room was
seemed to be lying. partially on some furni-
ture that was tumbled down and one corner
of the bed was very near her head. | turned
up the corner of the bed to get little more
light. Right close to her bed found lager
beer bottle that appeared to have some spots
of blood on the lower pait of 1t and some
struggling hairs sticking to it. Blood was
ooZing from her nOStrilS and her mouth. The
bottle of beer set back against the wall and
| presume the marshal took charge OF that
and the feather bed. The color OF the
woman's face was quite dark red when |
first got there. | went after the coroner and
when came back in twenty minutes or half
an hour the face had changed and was quite
dark and dark across the neck and chest.
noticed on the feather bed, on the under
side, three splaSheS of blood
Cross-eIdn,ined-It was about 8 o'clock
when | first went in. L put my hand upon
her flesh and it was warm. The changed APP
pearance Of the body l noticed at the second
time | went back with the coroner.
James S. Gould, the coroner, testified to
being called, viewing the body, ordering IL
moved to Rich's undertaking rooms where
an autopsy was made by DIR. +. II. Gerrish
and DR.. Cummings.
James NJ. Black, deputy marshal, was re-
called and testified to the arrest of O'Hare
about half past five O'Clock on Saturday
morning. He also testified to the care that
had been taken of the feather bed and bottle
since that time, and they were introduced in
evidence subject to Mr.. HadlOck' s objection.
Black testified that they had both been in
the police station under his care. The bot
tie has been in his closet and no one has had
access to it but himself. The feather bed
has been in room to which the other depu,
ty marshal has had access, and the night and
day turnkeys. He said there is crack in
the bottom of the bottle; didn't notice that
|. until took it to produce before the grand
| jury. Officer Hanson and drove down Lin,
coin street on the morning of July 10, and
when near Boyd street we overlook O'Hare
and man by the name of Hanlon. Hanson
Jumped out and put O'Hare into the wagon
O'Hare was somewhat intoxicated and de-
cidedly ugly, so much so that he had to iron
| him. inquired of him on the way. to the
| station what trouble he had had at his house
| He said he and his wife had had quarrel
| | asked him if he had struck his wife and he
| wouldn't answer me. Soon after | made
| another inquiry as to where his wife was
| when he left the house, and he said ne lei
| her living on the floor | inquired OF him II
what condition and he said he didn't know,
| but that she might be dead, or words to tina
| effect
| Cross-erdnaindtio,-Hew was going toward
| home when arrested. He didn't state thei
| where he had been. L didn't tell him fo
| what he was arrested, nor with what he wa
| charged. Didn't tell him until some time af
! ter at the station.
At this point the court adjourned until
| o'clock in the afternoon.
| AFTERNOON.
+! DR. Frederick HI. Gerrsh was the first wit
| ness. He testified that he was called upon b,
| Coroner Gould, and witness and DR.. Geo. ii
| Cummings made post-mortem examination
| of the body of Rose O'Hare on the Afternoon
| of july 10th. He said on the forehead ther
| were two quite deep scratches nearly healed
| on the left side of the chin was a Simila
| SLIGHT scratch. On the left forearm just be
| low the elbow there was long scratch whicl
was scabbed. Upon the right thigh, a littl
way below the groin, there was larg
| bruised spot. There was a similar spot jus
| below the knee on that side and one on tn
left knee There was bruise as large as