The Portland daily press., 1886-03-06
THE CONSPIRACY CASE.
Conclusion of the Trial Which Has
Excited Cape Elizabeth.
Trial Justice Robinson Reserves His
Decision Until Monday.

The case of the State, by complaint of
Thomas c. Cooper, VS.. Eben n. Perry and
Joseph /. Williams, on charge of conspir-
ing and agreeing together, with intent false
ly, fraudulently and maliciously, to cause
said Cooper to be indicted for the crime of
maliciously poisoning two cows-by giving
them Paris green in potatoes-the property
of Henry Weinberg with intent to destroy
the lives of the said cows, commenced ON
Thursday before Trial Justice Robinson at
Knightville, and was concluded yesterday at
Union Hall, Ferry Village, the justice re-
serving his decision until Monday next. This
case has excited intense excitement at the
Cape, the court room being crowded almost
to suffocation by the townspeople of the in
terested parties.
Counsel for prosecution in his opening
said that Mr.. Cooper, a well known, indus
trious, respectable and well-to-do citizen, on
the second of last July was arrested upon a
warrant issued on complaint made by Eben
N. Perry before Trial Justice Robinson,
charging said Cooper with having poisoned
two cows belonging to Henry Weinberg of
Knightville; that Perry and Williams were
the principal witnesses against him. MI
Cooper, not offering any defense before the
justice, was ordered to recognize with sure
ties to await the action of the grand jury at
the next September term of the Superior
Court, to which term Perry, Williams and
other witnesses were ordered to appear 10
give their evidence before the grand jury.
The grand jury heard their testimony and
did not find any Indictment against Mr..
Cooper. 1t is charged by the complainant
that the evidence against him was put up by
Perry and Williams, they receiving pay Tor
their services from the town of Cape Eliza
beth. The complainant says that Perry and
Williams were partners, dividing the pro-
ceeds of the business and working together.
He claimed they were anxious to show a sue
cessful result from various motives, among
others to gain credit for themselves as sharp
officers and to convict somebody of the
crime; that Mr.. Cooper at one time had
slight alteration with Mr.. Weinberg and
that, based upon that occurrence, they turn
ed their attention towards Mr.. Cooper as the
guilty person; that about June 10Th Mr.
Perry went to Cooper's house, found Mrs.
Cooper there about to go out, and inquired
for the boy who lived with her, and was di-
rected to the barn. Perry went to the barn
and entered into conversation with the boy,
and asked him if they had any potatoes. The
boy said yes, and Perry asked hlm TO give
him couple. The boy went into the house
cellar and brought him up two good sized po-
tatoes Perry asked him If he wouldn't give
him smaller one, whereupon the boy took
the larger ones back and got him smaller
one, fiat on one SIDE Perry took the potato
then asked the boy if they had any Paris
green. The boy said yes, and pointed to q
little can that stood ON the top of small
window at the end of the barn, at the height
of five feet ten inches from the floor. Perry
took down the can from the window casing,
examined it and replaced it. He asked the
boy if they had some twine. He said he
didn't know whether there was any in the
house or not Perry then went away. Perry
came again on June 18th in company with
Williams, went to the barn, took down the
can of Paris green and had Williams mark
it, asked for paper bag and said he was go
ing to take it away. The boy suggested he
had better ask Mrs. Cooper, and called her,
and she said she was perfectly willing he
should take it, and the two men left. The
complainant's counsel stated that in the af-
ternoon of June 31st Perry went to DR.. Geo.
II. Bailey, veterinary surgeon, who had had
in his possession three of the six poisoned
potatoes alleged to have been found in the
field where the cows had been pastured,
and got the last of the. three
potatoes which the doctor had in
his hands, the other two having been deliv-
cred some time before to Perry. That Perry.
when he last called at the Doctors. on the
31st of June, told him he thought he had SUI
ficient evidence to convict Cooper, and then,
on the very next day after, in company with
Williams, he went to Cooper's house, and
Perry arranged to occupy the attention OF
Mrs. Cooper in the house, SO that she could
not see what they were doing, while Will
iams went into the barn, profeSsedly to
search, while Perry was in the kitchen with
Mrs. Cooper, asking her about potatoes and
twine and engaging her attention some ten
minutes. Williams went into the barn, and
in little while came out in front of the
kitchen window, and thereupon Perry went
out. Mrs. Cooper, also going to the door,
had seme conversation with Williams, while
Perry went into the barn floor, looked around
few moments, and then he and Viii
liams went away. The next day, July. I'd,
Cooper was arrested and Williams testified
that he found a potato followed out and
filed with Paris green, two halves tied to-
gether with twine wound around it; that he
found it on a beam in COOper'S barn, his at
tention being attracted to it by piece OF
twine which he saw hanging down, but he
could not see the potato, but reached up
where the twine was and found a potato
there; that after the hearing before the JUS
tice, Williams went to Cooper's barn, and in
the presence of several witnesses pointed
out the top of the window casing where the
can of Paris green had been as the place
where he found the potato. Both Williams
and Perry had made contradictory state
ments as to the place where the potato was
discovered.
The complainant's counsel said it was un-
doubtedly true that the cows were poisoned
but that the complainant was innocent OF
the charge; that he had had the Paris green
and used it as other men did about killing
potato bugs, and that there was no truthful
evidence which should put the complainant
under suspicion any more than any other re-
spectacle farmer on the Cape.
The State offered evidence in support OF
the complaint substantially as follows:
The record of the Superior Court showing
that the grand jury did not indict Cooper.
Fred P. Dyer testified that Perry and Will
liams were partners last year.
Mrs. Olivia Cooper testified to Perry S
coming to the house three times, the last two
times with Williams to the delivery OF the
Paris green the second time to Perry and
her in conversation in the house, Williams
going into the barn, coming out again, and
then Perry going in, standing In the barn
floor, looking around, and going away with
Williams; that on the day Cooper was ar
rested, Williams pointed out in the stable
the place over the little window, in the end
of the barn, near the door, where he said
he found the potato, and Mr.. Cooper then
marked the place; that she was in the barn
very often and had occasion to see what was
on the top of the window, and she knew
there had been no potato there; she could
see everything on the shelf standing dis
tance of four feet from it.
George III. Bailey testified that he delivered
the last potatoes he had June Both. That
Perry then told him he was satisfied he had
sufficient evidence against Cooper.
Thomas c. Cooper, the complainant, testi-
fed that Williams stated at his (Cooper's 81
examination, tina he found the potato on
beam in the barn, and that afterward Will
liams pointed out the top of the little win
dow casing as the place where he had found
the potato on the 1st day of July. That
the top of the window casing formed a little
shelf, 2 feet 1O1 inches long, by 81 inches
deep; that the top of the window casing
was feet 10 inches above the floor of the
barn, and that person standing short dis
tance from it could see anything on it. He
testified that at o'clock a. m., July 1st, he
knew positively that there was no potato
on the top of the window, for he had occa-
sion to go there. He never filed any pota-
toes with Paris green, and never had any
thing to do or knew any thing about the pol
soning of the cows.
Isaac W. Gould, Cape Elizabeth, Testified
that Williams pointed out the place over the
window in his presence, as the place where
he found the potato, and Mr.. Cooper mark
ed 1t; that some time afterwards, In the shop
at Knightville, he heard Williams say, "well
he found it on a beam in the barn."
Frank s. Card, the boy, testified to Perry's
coming to the house, finding him in the barn,
and having conversation with him, in
which he asked him if they had any potatoes
and requested him to get him couple; that