Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-05-28

Z did say something TO NE in regard 10 =
interest in the store formerly owned by him
self and partner. some little thing about ii
and then went on 10 the other subject
reeolleet Of seeing some persons present il
the store, but could not tell tho they we're
} Cross xamiastiou i did not cause 10 b,
published in the papers this statement ol
MeManus which have related, and don't
know who iii l saw MeMSnus' contrAlic
ton in the paeer. | saw him frequently az,
ter that but said nothing about IL under-
stood that he referred to the county attorney
IN the epithet which be used. | did not ask
him in hat respect he haInt used him right.
Judge O q Hall, called by the prisoner,
testified Very soon after this occurrence
which Mr. Philbrook has related Mr. Phil
brook stated ii to me, think the same DAY
or the day after was near the post office
aud saw AeMaBus. and he said 10 me Is
It too late 10 make a statement in court in
the Beal csse:" | said. mo, court sits to-
morrow, think said Il understand you
have a statement to make. lie said, l
have. When can | make it:" said, Il Will
= righf into the office with You now lie
said, Il am busy. but will come in in the
morning the tirst thing" | said all right.
He did uot come in the next day, which was
his denial in the paper
Mr.. Carleton briefly argued the cause of
the government and Judge Hall followed foy
the respondent
Judge WhitehOuse then said | cannot
doubt that Mr. Philbrvok has stated truth.
fully according 10 his best recollection and
with substantial accuracy the conversation
between himself ami Mr. McManus on the
occasion referred u in the atIila,,t 1t can
not be controyerlei that it is a very serious
Impeachment Of the credibility Of McMauus
as a witness and might Justly drtract much
from the weight OF his testimony at the trial
1t Is true, no" ever, that NJ .Maqus now ap
pears and reatfiruls the principal parts of his
testimony given At the trial; and in his
testimony under oath on all occasions he
has been constant and uu Favtring As to the
identity of this respondent with the person
who was IN his store that evening 1t is also
true that the testimony Of Mr. Carver re,
mains unimpeached aad certain
ly believe unImpeAchable under
stand that the effect of his testi-
mORy at the trial was that
he did identify the respondent here with the
person whom he saw in the store that night
1t Is also true that there vas evidence before
the jury which would justify them in fin ing
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