Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-09-20

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none of the chain On Saturday night
had on a one buItoned eutaway and an ore
coat, both unbuttonei. This isn't the fir
time knocked down iian, and extract,
la tooth.
Re-direet-The man whose tooth knock,
out was drunken soldier who pushed II
against lady on State street. 1t was must
week.
Mrs. James A. Getchell. wife of the n
spondent, testified: was at Hopkins {
Sunday and talked with Michael Burns abo
the relations of Hopkins with my husbant
| called to see H. K. Hopkins. Burls r,
sponded TO my call He asked me to go int
the dining room where II. K. Hopkins wa
Burns said he never knew any harm again
Getchell and didn't think he mean. To hui
Willie. He said he knew that he had don
Willie many favors, such as getting him int
the Hook & Ladder Co. He repeated hi
conversation with my husband in Bennett
the day previous.
Cross-examination-M Carrie Getchell
sister to the respondent, testified: l was q
Hopkins house Sunday night and hear
Burns say that Getchell didn't mean to hur
him and that he had befriended him in man
ways" didn't pay much attention to wha
Burns said.
The case of the defense was rested here
The following testim my in rebuttal was in
troduced by the prosecution.
Mrs. Will Hopkins testified that the iniur,
on deceased's right hand was made in print
ing press a short time previous to his death
There was no attempt at concealment of tn
injury as he lay in his coffin.
Cross-cxamiuation waived.
Mamie l.. Hopkins, sister of the deceased
testified remember the cut on his knuckle
1t was made about three weeks previous in a
printing press. No attempt at concealing il
was made as he lay in the coffin.
Mr.. Ii. r.. Hopkins was recalled and testi
fed: II heard Does testimony about the
conversation at my house on the mornin.
Britt was killed" The conversation between
Doe and witness was objected to by the de
fence, but was admitted. Doe called at my
house with his baby and told me ami my
laughter that he was at the depot on the
Saturday night mentioned and that from
Getchell's conversation he knew he was going
TO fight Hopkins.
Mrs. IL. X. Hopkins, mother of the de-
ceased testified; | remember that Doe called
that Sunday, and said that he heart Getchell
say, Saturday night that he'd nix him, mean
ing my son. He said that on Sunday morn
ing he heard that my husband was killed and
lie knew it wasn't my husband but my son,
because he had heard Getchell say lie was
going to Ink" him.
Mamie Hopkins was recalled: She stated
that she heard Doe say that Sunday morning
when he called, that he heard Getchell say
he'd fix Hopkins.
Cross-examined by attorney-Did he say
that as your father or your mother stated it.
Witness-les, he did.
Attorney-Well, which? He didn't say it
all three ways at time, did he!
Witness-No, he didn't; he used the word
fix" | remember tina. sure.
A recess of five minutes was here taken.
MIR. Cbas. A. Luce of Augusta, mover and
builder, has known Getchell 8 OF 6 years.
saw hlm the Saturday Hopkins was killed.
1t was in the morning lie was in Ivory
Hayes saloon; Duran, Yeaton and Hayes
were there, too.
Cross-examination-I have not been in the
habit of loafing III Hopkins business estab-
hshment." | can't tell whether | saw Get
Chell in the saloon some time during the day. .
can't say when.
leaton of Augusta, knows Getcbell. 81
saw him i'll Hayes saloon the forenoon of the
Saturday on which Hopkins was killed.
Mr. Healh-''l don't see how this testi-
mony is relevant"
Mr. Carlton--.'It is to refute Getchells s
statement that he did not 20 into Hayes Sat
urday."
MIR. Heath-"Saturday evening, wasn't
ii" Getchell didn't testify where he went
morning.
On reference to the notes of the reporter
1t was found that Getchell's testimony Oh this
point related only to the afternoon and even
ing. County attorney Carleton then intro
duced several convictions of Bennett for
liquor selling and for keeping liquor nuI-
sance in rebuttal of Getchells testimony
that nothing stronger than small beer was
sold by Bennett.
Ii. X. Hopkins was recalled and identified
a crushed copy of the Boston Globe as one
found in the pocket of his sons overcoat.
Mr.. Heath then introduced the record of
various criminal offences of which Michael
Burns and Harry X. Hopkins have been con-
victed.
Afternoon Session.
The court room was crowded to overflow
ing yesterday afternoon to listen to the final
pleas and the judges charge. The number
of ladies in attendance was about fifty. All
the leading lawyers of Augusta and vicinity
occupied seats within the bar. The clerk al
the request of the defence first read several
decisions against Harry A. Hopkins in liquor
cases extending as far back rs 1878, and also
several convictions or Michael Burns for
offences connected with the sale of liquor
MIR. Heath then made the
Closing Argument
for the defence, speaking one hour and twen-
ty minutes. A few of his remarks were AS
follows: The case rests as / stated in open
ing 1t upon the truthfulness of Getchell. The
offence OF killing human being is one
which justly awakens great indignation. The
fact that Hopkins is dead should not preju-
dice the jury. We can find no fault with
the way the case has been conducted. MIR
Heath payed a glowing tribute to the abilities
of Mir. Carleton. We have endeavored to
present every incipent bearing upon the
Truth of this matter. There is no question
as 10 the cause OF Hopkins death, the strik
ing of his bead ON the guard rail. Mr.. Heath
went over the points which prove this con
clusively, VIZ. The hair found, the nature
of the fracture, the brulse ON Hopkins head
the blow il the face, the position of the hal
and umbrella, etc. Getchell says that a,
soon as ftOpklns Ieii ne went 10 LIS assist
ance, sdeakIng TO him as Billy" Had he
borne malice to hin he would have left him
there. But for tear a special train might
come in he picked him up and set him out
side the track. Hopkins was enough recov
cred from the concussIUn TO sit up, but " her
Spear got there the TOW of blood had agait
rendered hun unconscious. Getcheils con
duct so far was that of an innocent man. lie
went home and slept, aud IN the morning wa
arrested. la ignorance of the testimony be.
fore the coroners jury, whether it woul,
bear for or against him, he told a story whicl
has been corroborated by the witnesses, no
only for the defence but for the State. rha
he struck Hopkins and that Hopkins fel
and died are established facts. You are I,
look at the fact of death as pure misadyent
ure and accident. At any other place tn,
blow could not have proved fatal
lou should weigh this case will
the death elemihated from Your minds
claim that the defendant was III Law y r
fectiy justified in what he did, and ask ,ha
you shall give him clean verdict of acquit
tai. After most searching trial you hav,
presented TO you the character of the tw,
men. The defendant has for twenty -eigh
years been blameless; he is a temperate
peaceable, bobest, Industrious young man
On the other hand the de ceased was year
younger aud of very qusrrelsome di.posi
ton. No one has denied this fact. Not Oh,